The Washington times., 1904-11-20

continue 70 MN HlS uDcfly huncF Lnt
forms Of law? Is it any wonder that
the weak and villainous Youtsey. after
having spent more than two years in
the penitentiary Of this State, should
emerge from that living tomb, when
he sees, pr thinks he sees, through his
testimony a ready chariot to the green
and inviting fields OF freedom? We
should not be surprised at such hap
penings. they are the natural outgrowth
Of such conditions and inducements.
Blot on States Fair Name.
Appealing to the jury TO consider the
effects Of an unjust conviction. Powers
said:
II beseech you to never let it De re-
corded in the pages OF Kentucky his
tory. a State whose record is already
black enough with crime, that a jury
Of that State, IN the morning of this
new century, the best century in all this
worlds history. with all the achieve
ments OF the mighty past thrown at our
feet. with all the deeds Of noble man-
hood and splendid womanhood TO light
our path OF duty-let it be said, gentle
men, that IN response to the wild elamor
for revenge on the part OF interested
detectives, known perjurers, and bla-
tant partisans. you were induced 10 rob
a young Ksntuellian Of his good name.
put the stripes OF a feIon around his
limbs and hurry him OF 10 a living death
for life And all OF this. gentlemen.
with the eyes Of the civilized world look
ing on.
This trial. gentlemen, is not merely
Of today. It will live as long as our
States doings are read. This trial is
not over when this jury Is dismissed
and you start for your homes. SO far
- my Individual liberty Is concerned.
that VIII have been settled But at
its conclusion viii begin the trial OF
you, gentlemen. and this court, before
the great bar Of public opinion. Yea.
that trial has already begun. And ulti-
mately, gentlemen, the integrity Of the
courts OF our State and their reputa-
ton for fair dealing will be determined
In accordance with the merits OF tha
case. The public, and posterity, may
have its defiectiOns here and there In
arriving at just conclusions; prejudice
may, foe while, blind the eyes OF men:
temporary interests may. for a time
warp their sensibilities and distort their
judgment, cut In the end their judgment
VIII De clarified. and a Just and Impair
tai conclusion will be reached concern
ING the merits OF this controversy"
Abuse of Circumstantial Evidence.
The accused cited incidents to show
that circumstantial evidence had fire.
guently, when accepted too readily. led
to the conviction OF many innocent peo-
rle.
'Gentlemen." he said. ''the history of
this world is fun OF such examples.
And our lawmakers, In their wisdom.
have said that before you can take a
mans life or his liberty for life on
cireumstantial proof, the evidence in
troduced by the Commonwealth must
be such that the crime cannot be ac-
counted for on any other hypothesis
than the guilt OF the accused.
Dreyfus was sent To Devils Island On
circumstantial testimony and periured
proof. The judiciary OF France Is dis
graced forever on account of IL. On
circumstantial testimony, Samuel Ar
mold, an innocent man, was sent 10 the
Dry Tortugas for life for alleged com
plieity In the assassination OF Abraham
Lincoln. DR.. Mudd met a similar fate.
On circumstantiaI testimony and per
Jured proof. Mrs. Surratt, an innocent
woman. was hung for alleged completely
in the assassination OF Abraham Lin
coin. America will never outlive It. Be
ware, gentlemen. or circrmstantial tes-
timony. II IS Enthusiastically; it mis-
leads IL lies: IL deceiyes.'
Powers discussed the testimony
brought forward In the trial and re-
minded the jury that a verdict must be
returned on the testimony given He
recalled 10 the court that the charge
made against him was entering into a
conspiracy with the men who had shot
GOebeL There were only a few men ac-
cused at different times OF being direct
principals in the assassination. so the
prisoner considered the names OF those
who had been indicted.
Analysis Of Evidence.
Il say they have charged me with
procuring Harlan Whitaker Dick
Combs, Henry +. Youtsey. Berry How
ard. and jim Howard 10 fire the fatal
shot that resulted In the death of Sen
ator Goebel. none OF whom came with