The Birmingham age-herald., 1907-11-26
MANY SENSATIONS IN POWERS TRIAL Charges Are Made Against the
 Jurors Selected FIERCE LEGAL STRUGGLE Affidavit Is Made That Brother-in-Law of Powers Assisted Sheriff In Se-
 lecting the Venire From
 Grant County.
FIERCE LEGAL STRUGGLE

Georgetown, Ky, November &.-The third week of Caleb Powers trial opened
 with a large attendance. States Attorney Franklin filed several strong affidavits
 attacking the eligibility of Jurors w. s.
 Wayland George P. Martin, John II. Fer
 guson and J. W. Elliott, republicans. All the affidavits were sensational. An aff-
 davit by J. W. Conyers asserted that Wayland, on the day that Goebel was
 killed, cursed Goebel and offered to bet
 drink of whisky that Goebel would be
 shot before night. Wayland told Con- yers that he believed that Col. Jack
 Chinn, who was with Goebel, shot him. Other affldavits quoted Wayland and Fer
 guson as having said that if selected on
 Powers jury they would clear him re-
 gardess of law and evidence.
 A fierce legal battle was waged all the forenoon in an. effort to remove the jurors. James Howard. life term pris-
 oner in the state prison, was brought here today in compliance with an order
 of the court to confer with Powers and his attorneys. Judge Morris was ap- prlsed today that the wife of J. P. Hodgson, the first permanent juror, is dying, and that R. l.. Boswell another permanent juror. has been under the care of a physician since qualifying. Just before the noon adjournment
 States Attorney Franklin gave an inti- nation that at the afternoon session the commonwealth would file a motion chal- lenging the entire panel in the box on the ground that the jurors were required upon qualifying to state their political utilization. The state contends that this was unprecedented, unwarranted and il- legal
 The sensation of the day was an affida- wit from Arthur Goebel. brother of the murdered senator, offered by the com monwealth in its attack on the eligibility of the Grant county jurors whom the commonwealth sought to have removed from the jury box. Goebels affidavit was to the effect that w E. Wilson of Will lamstown, a republican attorney, went with the sheriff into Grant county to sum- mon the venire and rode in a buggy with H. W. Green, the brother-n-law of Pow CTS advising and aiding him in the se- lection of a yenire. and that two qualified jurors were summoned by placing them selves in the way of the sheriff on their
 advice
 Owing to illness, R. L. Roswell, one Of the permanent jurors, was accused this afternoon.
 At the converting of court in the after noon the second venire from Grant coun- ty was called. About nalf asked 10 be eX- cused. and most of them were. On affi-
 davit of Caleb Powers, motion for flrther time for consideration of commonwealth
 affidavits was granted. and counsel was given until o'clock tomorrow morning. The jurors were questioned individually as to charges made by the commonwealth. Wayland denied any recollection of hav- ing said on the day of the Goebel killing that Goebe1 ought to have been killed, and that the senator would he killed be- fore night or ile would clear the man who killed Goebel. He had said, thous.. that he did not believe that Ccebel would ever take his seat
 John F. Ferguson deRied any recollec- tion of having said that Jack Chinn killed Goebel. ii' Juror James w Elliott admitted that fo had said In Williamstown last Thursday that If I get on that jury I will acquit
 Powers