Daily press. [volume] (Newport News, Va.) 1896-current, 1905-05-04
Some Nice Points Raised in Be
half Of man Three Times
Convicted.
GROUND I0t HIS PLTiIloN
'cialms That He Has Been Denied and
IS Being Denied Equal Protection Of
the Law-Dis,nguished Counsel APP.
pear in the case-As to rayior'a
Pardon.
(Ry AssncInIcd I,rcss.l


GEORSETOWN. Ky. May with
Two life sentences reversed aud after
having D.en undc- Il death sentence
FOR more than a year after that verdict
was reached. Calcli Powers accused
of conspiracy To murder William Coo
fcl. made. application today to the
Scott Circuit Court TO have his case
transforrc, to the United States Dis
trict Court Tor tho Eastern district of
Kentucky
The petition marked another sudden
Change Of rarrcachinS Importance in
one Of the mcst dramatic trials In the
history IF American jurisprudence. In
connection with the filing of this pet..
tin!: was the appearance Of former
Governor Richard Yates. or Illinois.
ard Frank S. Black. of. New York. as
cuunsc! for Powers
Ground For Petition.
Powers bases his petition for A.
transfer of his case 10 the federal
court on tho claim that he has boon
GcricI and is now being denied, equal
protection OF the laws. as guaranteed
by the Fourteenth amendment to The
Constitution OF the tJniteil States. ANA
Oh the claim that by The workings cf
tho state courts of Kentucky in his
case. that this portion of the Four
tcemtil Amendment prohibiting any
State deprivinS persons of life. lD-
crty or property without duo process
OF law, has been violated. In support
OF this claim two main points arc.
cited:
First. that the courts refused to rec
c"nizc 2 pardon issued in legal form
by the then legally constituted over
nor cf kentucky: second, that In all
three of his trials before the Scott
Circuit Court the jurics have been
solidly packed with Gcebcl Democrats,
the political opponents of the defend
ant, and that under the Kentucky
cote This selection of Democratic
jurics is permissible.
AS to The Taylor Pardon.
Tho first main clause coyerInn The
iSauc OF the pardon is of unusual! In
teroSt since there is no provision: in
the Kentucky statutes prevenlins the
governor from exercising the pardon.
ing power before trial.
Goebcl was shot January 80. 100
According to the petition Powers was
arrested IN a warrant issued March,
10 some time before the Indictment
WAS returned When arrested. Inc
produced pardon signed by Vim. S.
Taylor as governor. and atLesied by
Caleb Powers, as secretary OF State
THIS pardon bore cate subsequent ,b
that Of The warrant ami covered the
oflGnsc specified in the warrant. an
offense or Which Powers has been
tried three times. The petition states
that 1T each of his three trials Powers
produced the pardon as complete sat.
iSfaction OF the charge against hin,
but that the trial court in each in.
stance refused TO admit it and that
on each appeal the Court of Appeals
sustained the trial court on this orin.
Special Term Called.
Judge Stout called a special term of
cnmi for July 10. tc pass upon Tho
'lussl icil MS Ia whether today's pe,i.
ton Should be admitted TO the court.
Powers was In court end tho man
datc of the Kentucky Court Of Ap,
Ii 80
,'"als ordering a fourth trial CT his
case was read.