The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1904-12-07

of the state now that the methods
which obtained in the past trials of
Caleb Powers were such that even a
Democratic court of appeals could not
stomach them. Some effort should
now be made to give Caleb Powers a
fair trial. II is all he has ever asked,
and all he wants. Instead of select
ing jury from a panel of men the
sheriff has taken good pains to see
are only Democrats of strong preju-
dice. with a sprinkling of so-called
Republicans, who are Republicans
only in name; instead of appointing
Judge of the temperament and
prejudices of Judges Cantrill and
Robbins. he should see that the jury
is impartially selected and the judge
man big enough to rise above the
surface of peanut politics and parti-
sanship.
If this is done, a great deal will be
done to atone for the wrong done Ca
leb Powers, a man who has been
tried three times and yet who has
never had a fair trial in this land Of
liberty and justice.
The decision rendered yesterday
reversing his case says:
The point of error was made by
Attorney Campbell in argument
when he said Howard was not hung
but eleven of the twelve jurors who
tried him were in favor of hanging
him and one was for life imprison-
ment and eleven had to come to
one"
I'VE are of opinion" the court
saws. that under all the circum-
stances of this case the court erred
in not sustaining the motion in re-
gard to this statement of counsel.
That is. to exclude It from the jury.
"There was not, and could not
have been. legally any evidence IN
the case warranting the obnoxious
statement: it was a gratuitous dec
laration without lawful foundation,
in substance and effect conveying
incompetent evidence to the jury.
mo statement which counsel could
have made more certainly fraught
with danger to the accused or which
was more likely to arouse passion or
prejudice in the minds Of the jurors
than that under consideration.
ION the same day upon which the
verdict was rendered the appellant
was required. over his protest, to ME
his motion and grounds for new
trial: they were required to be i'm
mediately argued by COUNSEL ana
were al once overruled by the court
The lawyers were wearied by their
prolonged labors, and that a few
DAYS time would enable them to pro-
duee. additional grounds, which they
did not then possess, in support oil
the motion. The accused, especially
insisted that the court should not
pronounce Judgment upon him in
pursuance of the verdict of the jury
until after the expiration OF the time
provided by the code. These motions
were overruled and Judgment pro-
nounced upon the same day the YER
dice was rendered.
UNLESS we are to hold that sec
ton 2s3 of the code was enacted foi
no useful purpose, It contains a most
solemn and vital right of the accus-
ed; its meaning is upon the surface
il requires no reflection to under
stand II; it was enacted for the ex-
press purpose of giving the accused
time in which to show cause against
the sentence about to be passed up
on him. This trial was had DURING
special term of court, and 1t canno
be said that within the meaning o.
the code that the term was about t'
end, because, having been called TO
ne purpose of the trial of this cas'
1, alone, it of necessity would not en'
I until that was completed"