The Hartford republican. (Hartford, Ky.) 18??-1926, 1907-08-09
STATEMENT FROM
CALEB POWERS
Shows Special Judge Robbins
!, in Bad Plight.
Affidaviis of Reputable Citizens
Support Him--WiIl Yet
be Acquitted.

Georgetown, KY, Aug. 3, 1907
TO the public: In view of the things
that transpired during the recent spe-
cial term of The Scott Circuit Court,
at which my case was TO have been
tried and in response TO the impress
@siof that the prosecution has attempt
: ed to create through publications
friendly TO the managers of the case
against me-, wish TO make this state
ment.
THE first thing | want to speak of
is the remarkable decision of Judge
Robbins with reference to the affida-
Wit asking him to vacale the bench.
1t will be observed that this decision
cism of me for failing TO file the affi-
davits of other persons in support of
the fact alleged in my affidavit, and
the determination by Judge Robbins
in the same opinion, that I could not
legally do it under the laws of Ken
lucky and that the statements in my
affidavit are conclusively presumed to
be true. He says: 1t has been held
bp the court (the Court of Apeals),
that the facts set out by the defend
ant, If sufficient in substance, whether
true or false, can not be controverted
by the adverse party or the Judge
1T is also said in the case of
Powers VS.. Commonwealth, 246 KY.
Law Reporter, 1919, that by express
ed to create through qualifications
declaration of law, the Judge .aan-
not controvert the statement OF the
affidavit
ATTACKS ROBBINS RULING.
When Judge Robbins took the
oath of office as Special Judge in my
case, he solemnly swore that he would
try this case according to law; that
he would administer justice without
respect to person.
Judge Robbins not only controvert-
ed the statements contained in my
affidavit himself, but permitted the
prosecution to do it, and how he could
down by himself and in the face of the
oath he took to try my case accord
ing to law, is beyond my comprehen-
sion.
while 1 had abundant proof to
support every material allegation in
my affidavit by the affidavit of others |
my counsel advised me that | could |
not legally do it, and Judge Robbins
opinion holding this as the correct |
view of the law seems to verify the |
wisdom of my counsels' advice.
my counsel felt that they were
not practicing law. before the bar of
public opinion, but before court of
justice where they had the right to ex-
pect the oath of the Judge and the
well established rules of law TO be
regarded, and not made an open and
fragrant mockery.
REPLIES TO THE JUDGE.
Judge Robbins says: 1t will be
observed, however. that the material
facts set forth are not within the
personal knowledge of the defendant,
but as 10 him are merely hearsay.
That is true, i am forced to lie in
Jail. / cannot know of things of my
own personal knowledge. All | can
do is to state the facts as they are
represented to me and then say in
the affidavit that l believe them to
hn frttn nd ic aoit 70
proper. The law holds that to be suf-
ficient, and yet | am censured and
criticised by this Judge when every
sane man in the world knows that I'M
less prisoner could be permitted to
disqualify a Judge upon information {
gotten in that way, the Judge could '
denounce the prisoner and enter upon !
The trial of his case with the avowed |
declaration that he would hang him
regardless of the law and the evidence
and the prisoner would be helpless. I
1.-THE efforts of Judge Robbins to !
prejudice my case and place me in '
false light before the public, and his
going outside the law and his oath to |
accomplish this purpose, is enough to I
convince all fair-minded people that t
he is hostile to and prejudiced against
me, and would not have afforded me
a fair and impartial trial.
II see it charged in certain newspa- t
pers that I prepared the affidavit re- !
moving Judge Robbins from the bench 7
that / had 1t filed over the protest OF i
my attorneys, and that I am now max
Ing this statement contrary to their