The Hartford republican., 1906-03-16
CALEB POWERS LOSES.
Supreme Court Decides That
il has no Jur isdictiOn Now.
But can be Reviewed on writ OF
Error From Kentucky
Court OF Appeals.

washington MdrcH IL. tdieo
Powers, who is charged with beng
an accessory before the fact in the
murder of William Goebel must have
his next trial in State Court. This
is the decision of the United States
Supreme Court, which was handed
down to-day. The opinion was pre-
pared and read by Associate Justice
Harlan. himself a Kentuckian. who
is familiar with the circumstances
attending the prisoners heroic
struggle for freedom.
a The court held that United States
District Judge Cochran was not war
ranted under the Constitution in
transferring the case from the
State Court to his court, and thus
sustained the contention of the Com
monwealth. Thus Powers will have
his fourth trial before local court.
Justice Harlan's opinion is a
lengthy one. and in the allnsion to
the claim of the prisoner that 1t has
been impossible for him to obtain
a fair trial in the locality where the
prosecution is pending. He said:
Indeed. the suggestion is that
there was a deliberate purpose on
the part of those charged with the
administration of Justice in that To-
cality to take his life. under the
forms of law, even if the facts did
not establish his guilt of the crime
charged.
1T is true that looking alone at
the case. as made by the petition for
removal, the trials of the accused
make an exhibitation Of misconduct
son the part of the administrative Off
GERS connected with those trials
which may well shock all who love
Justice and recognize the right Of
every human being. accused of crime
to be tried according to law.
Further the case as made by the
record, it must be conceded. tends to
show, if it does not justify the belief
that administrative officers having
connection with the trial of the ac-
cused, had it in mind, at each trial
to exclude from the jury, so far as
it was possible to do so. every per-
son, however competent who belong
ed to the same political party as the
accused"
The Supreme Court. however,
points the way to Powers for finally
bringinghis case before it upon writ
of error, and doubtless the prisoners S
counsel will avail themselves of the
suggestion thus offered. On this
phrase of the situation Justice Har-
Ian said:
The accused is not deprived of
opportunity to have his rights. of
whatever nature, which are secured
or guaranteed to him by the Consti-
tuition or laws of the United States,
fully protected by Federal Court.
But it is said that the action of the
trial court in refusing to quash the
indictment or the panel of petit ju-
rors although the motion to quash
was based on Federal grounds, can
not. under the laws of Kentucky. be
reviewed by the Court of Appeals,
the highest court of that Common
. wealth.
IF suchs be the law of Kentucky,
as declared by the statutes, and by
the Court of Appeals of that Conl-
monwealth, then after the case is dis
posed of by that court by final judg-
ment, a writ of error can run from
this court to the trial court as the
highest court of Kentucky in which
decision of the Federal question
could be had, and this court in that
event upon writ of error, reviewing
in the final judgment of the trial
court can exercise such jurisdiction
in the case as may be necessary to
vindicate any right, privilege or i'm
munity specially set up or claimed
under the constitution and the laws
of the United States, and in respect
of which the decision of the trial
court is made final by the local law;
that is, it may re-examine the judg-