The Paducah sun., 1904-12-06
Court of Appeals Reverses Case for the
Third Time.
The Decision Held up for Several Days. But Was
Not Unexpected.
POWERS HAD BEEN SENTENCED TO HANG

Frankfort, KY, Dec. G-The court
of appeals this morning granted Ca
leb Powers. thrice convicted OF con-
spiracy and accessory in the Goebel
murder case, new trial, by revers-
ing the case taken up from the low
er court The decision was not un-
expected, as It had been known for
some time by those on the inside
that the court had decided on II.
The reversal today is the third re-
buke by the appellate court to the
Democrats OF Kentucky in their per
secution Of Caleb Powers, former
secretary OF state.
At the first two triais he was
sentenced. to life imprisonment. and
a. the last was tried before Judge
Joe Robbins. of Mayfeld. KY, reput-
ed to be a staunch Goebel man, and
given a death sentence.
He took an appeal, friends kindly
coming to the rescue with sufficient
funds to pay the costs. and Justice
and Right gain another victory by
today's decision.
The Powers case is one of the
most celebrated in the annals of
criminology. Caleb Powers was elect
ed secretary of state by the people OF
Kentucky at the time Goebel was a
candidate for governor. During the
excitment at Frankfort incident 10
the notable contest whichs culminat-
ed in the assassination of Senator
Goebel. Powers assisted in raising an
army of mountaineers to go TO
Frankfort and protest. Many of them
were armed, as It was their custom
to go so all the time and although
they were there some time. no one
was hurt. The killing of Senator
Goebel took place after they had
gone. but Caleb Powers, along with
others, Was arrested, and has since
been relentlessly prosecuted. al
though he was not in Frankfort at
the time of the killing.
His Office was stolen from him and
he was tried before a hostile judge
and jury that had been picked ex-
cl6sively from Goebel men. Much of
the evidence against him was perju
ry. and had since been SO proven. He
was convicted and sentenced to the
penitentiary for life, but took an ap-
peal. and the court of appeals re-
versed. In the course of time he was
again tried, and the same sort of
methods prevailed and he was again
convicted and sentenced f6r life.
He again took an appeal, and the
court of appeals granted him a new
trial. At the third trial Judge ]. e.
Robbins, of Mayfield, presided. and
there was another conviction, this
time the death sentence being i'm
posed. as the Democrats had played
their hand pretty strong. One of the
features of the last trial was Powers
speech to the jury, which was mas
terpiece, and has since had a large
sale all over the world. II helped
him get enough money to keep up
his fight for life and liberty.
He promptly appealed to the court
Of appeals again, and today was
granted another new trial. This will
make his fourth trial, and as the
eyes of the whole country will be on
It, II will doubtless be a memorable
one.
Since the last trial Caleb Powers
has stepped before the world as
political martyr such as Robert En-
met or some of the other historic
victims of misdirected power. He
has been ably defended in two of the
largest periodicals in the United
States, and the daily press has raj
lied around him in many instances,
regardless of politics.
Former Governor Black, of New
York, has volunteered free of charge
his services in defending Powers in
the next trial. II is understood the
Democrats are alarmed at the at
tention their merciless persecution
has attracted and are about ready to
stop. and that they were as anx-
ious as anyone else for a reversal of
the Powers case this last time, fear
ing to assume the responsibility OF