Every evening, Wilmington daily commercial., 1906-06-06
The Trial OF Caleb Powers.

The Trial OF Caleb Powers.
For the fourth time Caleb Powers. for
merly secretary of State in Kentucky, is
10 be placed on trial for his liie on the
charge Of completely in the horrid con-
Fpiracy which resulted in the assassina-
tion Of Governor William Goebel. Three
times he was convicted, twice was sem
tenced 20 death and once 20 imprison-
ment for life. But each trial was fol-
lowed by a successful appeal, the last
one being 20 the Supreme Court of the
United States, which tribunal. however,
did not pass upon the merits Of tho case,
but upon a mere technicality ordered il
back to the State Court for retrial
The element OF partisan politics natu-
rally entered into the trials Of Powers.
and his convictions have been heralded
far and wide as the result of q blind par
tisan desire TO take o human life in re-
venge for the assassination of Governor
Goebel He has thus been held up to
the public gaze as martyr TO political
hate a man who has been uniustly ac-
eused and whose life is being sought by
periured testimony.
The assassination Of Governor Goebel
was a horrible crime He had secured
the office of governor Of Kentucky after
q campaign Of uneXampled bitterness, in
which questionable methods were em-
pioycd by both sides. He had been de-
clared elected by the Legislature, and
was about to be inaugurated when he
was slain in the most cowardly manner
by a concealed assassin But he lived
long enough after receiving his mortal
wound to take the oath Of Office as gov
enor of the State and thus provide for
the lawful succession Of the lieutenant
governor 20 the Office
Caleb Powers, as secretary of state
IN the administration which was sup
planted by the election of Governor
Goebel, was among the FIRST to be sus-
pected of completely in tho conspiracy
Of assassination. The fatal shot, il is
not disputed, was fired from a window
of his office at the State House, by some
one concealed inside. This fact, and other
facts that were brought out during his
trials. resulted in his conviction by three
successive trial iurios And yet despite
these ordinarily conclusive judgments
the claim is advanced that each convic.
tion was the RESULT of am intense and un-
reasoning political prejudice
So far as the claim Of prejudice is con.
corned, It is a fact that at each OF Powers
trials he had the opportunity of making
the most complete defence possible. II,
had able counsel and an the court ma.
chinery that applies to the defence OF
accused parties was used in his favor
While strenuous efforts were made or
both sides TO secure q iavoring jury, IN,
charge Of q packed. or OF a strictl,
partisan jury, does not lie against an,
one Of his trials each time / hav,
been tried, said Powers In "a recent publ,
interview. "Goohd Democrats have pre-
dominated in my iuries In one tria
there were eleven Goehel Democrats anc
one Republican who had Goehl photo
graph over the mantel in his room. Tn,
charge that al the iuries were composed
of Democrats is therefore, dissipated b,
Powers own admission. He complains
that Goehel Democrats 'prodominated
but the presence of even one Republican
and in two OF the trials there were NOR,
than one-on the jury was sufficient &,
prevent q partisan conviction REGARDLESS,
of the evidence. There is as much reaso,
for believing that the iunes were unpreu
diced, and that they rendered a trp
verdict according to the evidence. an,
that the evidence was honest and truth
full as there is for believing that the testi
mony was rank perjury and the Jun
swayed by vile prejudice
The one fact that stands forth make,
and unohallenged is that grave Grim
was committed and as yet has not bee
avenged The law does not demand
victim, bat Il does demand the punish
ment Of the guilty party or parties. Am
those guilty Of the crime should he pun
ished, even Caleb Powers if. after fai
and impartial trial. the Judgment a
guilty shall be pronounced against him.