Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1906-03-17
A WHITE MAN
THE VICTIM.
u. $. Supreme Court and
the Caleb Powers Case.
Remands the Prisoner to the Gus
tody Of Kentucky Authorities.
AN ECHO FROM THE JAMESON CASEMR
ERS COUNSEL TO WASHINGTON qs
THE CONDEMNED THE GALLOWS

The United States Supreme Court
March 18th. 1906. decided against
Caleb Powers. who has been under
sentence of death three dmes on the
charge OF completely in the murder
OF Governor Goebel. OF Kentucky.
Justice Harlan held that the case
was not removable TO the Federal
Court. and must be remandcd TO the
Kentucky State courts.
The opinion was based on the
ground that the equal rights sta
tnte, section cal, Revised Statutes.
does not apply unless recognized by
State laws or State constitution.
Justice Harlan said that the Su-
preme Court OF the United States
could take cognizance Of the case on
"A writ OF error. The opinion was
unanimous.
There were two cases: The Com
monwealth of Kentucky Us. Caleb
Powers, an original action, and the
Commonwealth of kentucky W. Ca
leb Powers. on an appeal from the
Circuit Court of the United States
for the eastern district of Kentucky
These are the eases in which the
State OF Kentucky has sought 10 Sc
cure the conviction of Caleb Powers
on the charge of completely in the
murder of William Goebel. while
Powers was occupying the Office Of
secretary Of state.
WAS TRIED THREE TINES.
He has been tried three times by
the Circuit Court OF Scott County.
and each time found guilty. once re-
ceiving a sentence of death. and
twice TO life imprisonment. but the
Kentucky Court OF Appeals inter
fered in each instance 20 prevent the
execution of the verdict. Last May
the case was presented TO Judge
Cochran, sitting in the United
States Circuit Court for the eastern
district OF Kentucky, and he grant
ed a writ of habeas corpus, order
ing removal from the State courts
TO his court.
The proceedings in the Supreme
Court of the United States, which
terminated to-day were instituted by
the State of Kentucky for the pur-
pose of securing the restoration Of
the case to the State Courts. Hence
practically the only question invol-
we'd was that OF jurisdiction. Two
modes of procedure were resorted
20. One of these was an appeal
from the order of Judge Cochran
granting removal to his court, and
the other a petition for a writ of
mandamus directing Judge Cochran
to remand the case to the State
courts and restore Powers to the
custody OF the sheriff of Scott Coun-
ty.
The removal OF the case from the
State 10 the Federal Court was Sc
cured on the ground that Powers
had been so Disseminated against
in the State courts as to deny him
the equal protection of the law as
defined by section GAL of the Re
vised Statutes. In support of this
contention IL was represented that
in summoning the iuries in the trial
court, preference was given to Goe-
bel Democrats over Republicans and
Independent Democrats.
JUSTICE HARLAN SUMS UP.
After quoting a number of decis-
ions, Justice Harlan summed up the
result as follows: 'In each OF these
cases it was distinctly adjudged, in
harmony with previous cases. that
the words In section GAL did not
give the right of removal, unless
the Constitution or the laws Of the
State in which the criminal prose-
cution was pending. denied or pre-
vented the enforcement In the judi
cial tribunals of such state of the E.
Qual rights OF the accused as se-
cured by any law oc the United
States.
Those cases. as did the prior