The Adair County news., 1905-05-17
CALEB POWERS PLEA
Court Will Not Consider the
Motion Until all the Record
is Before Him.
NAY BE SUBMITTED IN CHAMBERS,
Especial to The Louisville Times.)


Court, which convened at London
May the 9th, District Attorney
R. D. Hill produced a transcript
of the Powers case from the Scott
Circuit Court and moved that the
case be docketed in this court.
To this Attorney General Hays
objected on the behalf of the
State, with a brief argument. c..
j. Bronston followed for the Com
monwealth with a short speech
objecting to the filing, and con-
tended that in the face of the pa
pers there was nothing to give
the court jurispiction or warrant
the filing. Judge Cochran ruled
that the transcript be- filed
and the case docketed, but this
of itself did not settle the ques-
ton of jurisdiction.
The court then asked the at
torneys what they desired done
with the case. Mr.. Hill stated
that in order to make the issue,
he presumed, the State desired to
remand the case back to the Cir
cult Court. The court said he
would treat the case as if such
motion had been made if the at
torneys for the State desired. Mr..
Bronston replied that they did not
desire the case so treated. Mr..
Hill then said if such motion
was not contended for the de-
PENDANT moved the court to issue
a writ of habeas corpus cum causa
and have the United States Mar
shall take charge of Powers and
bring him into court. The prose-
cution then asked until 80 p. m.
to decide what course they would
take, and this was granted by the
court.
1t is understood that attorneys
for the State will at that time
argue the contesting the right Of
the court to take jurisdiction. At
torneys for Powers present are:
Judge ]. C.. Simms, of Bowling
Green; R. d. Hill and R. C. Kin
kead, Louisville; Gov. Richard
Yates, Springfield, ILL.,; Sudge H.
C. Howard, Paris, and Col. D. K.
Rawlings, London.
Mr.. Hill said that the Clerk of
the Scott Circuit Court had not
delivered them a complete record
of the case, and asked permission
to file the remainder of the record
later. This was granted.
When court met at 1:SO p. m.
Attorney General Hays produced
and offered to file a written mo-
ton to have the court refuse to
take jurisdiction in the case and
have the court set aside the order
docketing the case and filing a
transcript. R. D. Hill and other
attorneys for the defendant OBJ
jected to the motion, and the
objection brought up the main
issue. Mr.. Hill contended that
the petition had been in effect
filed for removal to the Scott Cir
cult Court, but admitted that it
was only offered, but refused by,
court.
FUTHER ACTION DEFERRED.
During the course of the argu-
ment by the attorneys on both
sides that certain material parts
of the transcript Of the Powers
case had not been copied by
Clerk Scott, of the Circuit Court,
on account of lack of time since
the petition was filed last Wedn-
esday, the court ruled that since
the defendant attorneys desire
to have all the record before the
court except the bill of evidence,
the case shall be docketed, the
partial transcript filed and the
case passed till the remainder of
the record can be procured and
filed. The motion by the prose-
cution to have the order fling
the partial transcript and docket