The Washington times., 1904-11-20
Spirited Defense Made By Caleb Powers
in Effort to Convince Kentucky
Jury of His Innocence in
Goebel Case.

- NCE the adoption OF a code OF
criminal law which provided the
right of a trial by jury it has
been the privilege Of the accused
10 speak in his own defense. Even
in the days in England when an at
tornsy for the defense was not per
mitted 10 address the jury and the sum
ming up OF the judge was the only
softenjng effect OF aTraignments by pros
ecuting lawyers; when men were hung
Tor forgery. stealing and many lesser
crimes, there was mercifully provided
an opportunity for the prisoner 20 speak
in his own defense. II Is true that his
Ignorance OF law and inability 10 point
cut defects IN the testimony was a
terrible handicap in the fight for life
but IL gave men wrongfuIly accused
the chance 10 plead their innocence and
sometimes prevented the frightful mis-
carriages OF justice which are a black
stain on the the name OF England
In recent years the privilege has not
been frequently exercised. Prisoners
have been able 20 secure the services OF
men whose abilities were entirely direct
ed to a cultivation OF the art OF ap-
peaiing 10 the common sense or to the
sympathies Of the men trYiEg the cases
and the accused has usually nothang
70 say in his own behalf The exceLs
tions 70 the rule are generally striking
and have on more than one occasion
Hwayed Juries whose decisions had been
formed against the man pleading his
own cause The latest ex ample and al
the same time one OF the most eloquent
demands for justice is the address of
Caleb Powers 10 the jury trying him fol
alleged conspiracy IN the murder Of
William Goebel. Democratic candidate
for governor OF Kentucky.
The reading public is familiar with
the tragic murder OF Senator Goebel IN
the State house yard at Frankfort. KY.
On January 30. 1890. and the many in
dietments OF persons OF high and low
degree as principals and accessories be-
fore the fact IN the commission Of the
crime. II will be recalled that Caleb
Powers was elected secretary Of state
On the Republican ticket. and occupied
the once before his arrest He was
twice tried on the charge OF conspiracy
in the plot 10 murder Goebel, and was
twice convicted and sentenced 10 life
imprisonment. On the third trial a
verdict OF guilty, affixing the death pen
atty. was brought IN. II was at the
close OF the third trial that Powers
made his great plea.
Democratic Opinion of Case.
1t has been charged that politics fig
ured very extensively in his trials. II
Is admitted that the indictments were
secured IN court presided over by a
Democratic Judge the officers were
Democrats, and the juries were made
up OF Democrats. This political signif-
eence was pointed out by the accused
and dWelt upon at length IN his power
fui prayer 10 the jury 10 try the case
on It's merits and the actual testimony
given. Col. w. c. p. Breckinridge. a
leading Democrat OF Kentucky, IN an
editorial in the Morning Herald" on the
verdict said:
Powers was guilty OF bringing the
mountain men 10 Frankfort; there was
no casual connection between this and
the assassination OF Goebel. We be-
lieye he was innocent OF completely IN
that crime. but his connection with the
one act has been used as pretense for
his conviction OF the crime. To whom
the rewards Qor his eonviction) will be
paid Is not yet known; they have been
as well earned as were the historic
thirty pieces OF silver.
''on the door Of the House OF Repre-
ssntatives General Butler destroyed the
Public career and drove into painful ex-
ile an eloquent and much applauded
counsel and politician. General Brigham.
who had been concerned IN the trial OF
hrs Surratt for the assassination OF
President Lincoln. i Decline he said.