The Hartford republican. (Hartford, Ky.) 18??-1926, 1905-07-14
VICTORY FOR CALEB POWERS
Judge Cochran Holds That he
has Never had a Fair Trial.
Powers Delighted With Decision =
Fair Trial is now
Assured.

States Circuit Court of the eastern
district of Kentucky at London for
completely in the murder of William
Goebel at Frankfort. This was set
tied here to-day when United States
District Judge Cochran announced
that he would take jurisdiction in
the case, as had been moved by at
torneys for Powers.
Judge Cochran's opinion holds
that the prosecution against Caleb
Powers. pending in the Scott county
Circuit Court has been removed to
the United States Circuit Court for
the eastern District of Kentucky by
the removal proceeding taken in
May at Georgetown in Powers be
half under section 6il. United
States Revised Statutes and sustains
his motion for a writ of habeas cor
pus to transfer his custody from that
Of the State Of Kentucky to that of
the United States. The ground up
on which the court makes its finding
is that il appears that the defendent
has been and is denied the equal pro-
lection of the laws secured to him
under the Fourteenth Amendment
To the Constitution of the United
States by the Scott county Circuit
Court. and cannot enforce his rights
thereto in the Court of Appeals be
cause of Section 2Sl Of the Criminal
Code as construed by that court.
That section provides in effect
that. no matter what the officers of
the trial court may do to get togeth
er jury to suit them, the accused
shall not take exceptions 10 such
acts. or. in other words. the trial
"1udgc may totally disregard the Oh
iec,ions of the prisoner to having "A
Jury packed on him. and the Court
Of Appeals cannot reverse a judg-
ment of conviction So obtained.
As soon as the court had entered
the order holding that he had juris-
diction of the case on removal he or
dered the Clerk to Issue a writ of
habeas corpus cum causa directing
the Jailer Of Scott county to deliver
Powers to Capt. Steve Sharpe, the
United States Marshal for the east
ern district and the Marshal to re-
move Powers to the Campbell coun-
ty Jail at Newport where all Federal
prisoners for the Eastern district of
Kentucky are confined.
Capt. Sharpe will go TO George
town Saturday to execute the order
of court and take possession of the
prisoner.
The Commonwealth prayed an APP
peal to the Supreme Court of the
United States, and counsel stated
that they would ask that court. when
it meets in October. to advance the
case so as to get an early decision.
I'm the meantime the trial of Pow
ers. which was TO commence at
Georgetown next Monday, will not
be held and he will remain in the
custody of the United States Court
until the Supreme Court acts, when.
il Judge Cochran is sustained. he
will be put on trial in the United
States Court at London.
Judge Cochran's opinion, which
covers forty-three pages of closely
written typewriting. is pronounced
ySby attorneys, who heard it deliver
ed, the most exhaustive and well
sustained opinion ever delivered in
any of the courts of this section, and
the opinion is freely expressed that
the Supreme Court will sustain him.
On. being informed of Judge Coch-
rams decision Mr.. Powers said
ITO say am delighted with the
.news of Judge 'Cochran's decision
transferring my case into the FEEDER
al Court for trial expresses my feel
ings but tamely. For nearly five
and half years | have lain behind
prison bars waiting for reason to re-
3 sumo its sway and justice to return
to its nioorings. All three of my
trials have been illegal and unfair.
The Court of appeals has three times
so decided. That fact is beyond dis
pute. No fairminded man doubts it
or the fact that should be treated