The Hartford republican. (Hartford, Ky.) 18??-1926, 1904-12-09
CALEB POWERS
. Gets New Trial for Alleged
Conspiracy to Kill GOebel.
Court of Appeals ReverSeS Death
Sentence Imposed by Special
Judge Robbins.

The Court of Appears OF NentuCky
last Tuesday by vote OF four to three
reversed the verdict and sentence OF
the Scott County Circuit Court con.
fdemniug Caleb Powers to death for
alleged completely in the asssssina-
ton OF William Goebel which gives
the accused a new trial
Chief Justice Burnam and Judges
O'Resr, Baker and Settle, the first
two Republicans and the last two
Democrats, constituted the majority
of the Court in favor OF a new trial
for Powers, and Judge Barker. OF
Louisville, wrote aud delivered the
opinion of the court
Judges Pavnter. Hobson and Num-,
all Democrats. united In a dissenting
opinion sustaining the Scott Circnit
Court. which was written and deliv-
cred by Judge Paynt,r.
Chief Justice Burnam and Judges
,O'Rear and Barker united in sepa-
rate opinion, delivered by Judge Bar
ker, declaring that Federal ques-
ton was involved IN the case, as con-
tended by Caleb Powers attorneys;
while Judges Settle. Paynter. Hobson
and Mum. a majority OF the Court,
united In declaring that the case did
not present a Federal question, so
that this phase OF the case cut no
figure In the reversal of the death
sentence.
The Court Of Appeals reversed the
Scott Circuit Court on three grounds,
briefly as follows: First, that the lower
court refused to give defendant time
ir-Rhich to discover and file addition
- al Ffounds for a new trial. second, be
cause sentence was pronounced on the
same day the verdict was returned;
third, because of remarks Of Attorney
Thomas Campbell for the Common
wealth wherein he referred to the Jim
Howard case.
This Is the third verdict against
Powers reversed In the Court OF APP.
peals, the FIRST two trials having re-
suited In life imprison u. emit sentences
and the last In death sentence.
Judge Cautrill sat In the first two
trials and Judge Robbins, Of May
field, appointed by Gov. Beckham'
presided at the last trial, when Powers
made his famous speech In his own
4 defense.
The case will now be sent bask to
the Scott Circuit Court for a new
trial. Judge Cantrill has been Inca
FACILITATED for holding court since he
was paralyzed last summer, and he
will resign from the Circuit Court to
take his seat on the Court OF Appeals
bench the FIRST OF January, as the sue
cessor of Chief Justice Burnam from
the Fifth Appellate district. Govern.
or Beckham will have the appoint
meht of Judge Cantrlll's temporary
successor on the Circuit bench of the
j, district comprising Scott, Woodford,
franklin and Bourbon counties. who
will serve until the election next No
vembef, when a Judge will be elected
for the remaining four years of the
original six years term.
The Powers case will undoubtedly
go over till early In the new year
when 1t will naturally be tried before
the new judge appointed by the Gov.
ernor to succeed Cantrill.
This Is the third time that the Pow.
ers case has been reversed. On the first
trial the jury found verdict OF guilty
and the sentence was Imprisonment
ior life; the second trial resulted In
the same verdict and the same sen.
tence. The third trial resulted In a
sentence of death; and 1t Is from this
that Powers Is now relieved by the
decision of the Court of Appeals.
Caleb Powers Is a native of Eastern
Kentucky, and was born near Bar.
bourville. He was educated at Centre
College. and In 1899 was candidate
for Secretary Of State, on the aame
ticket with w. s. Taylor, at the time
of the Goebel- Taylor election. He
was given the certificate of election,