Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-11-21
MORRIS
RULES FOR
POWERS
THE HARRISON COUNTY
NENIRE DISCHARGED
All Democrats From Demo-
cratic Districts and the PoIiti-
cal Game Appeared Too
Prominent to Please Court,

! IBy Morning Journal Special Lensed Wire.l
! Georgetown, Ky, Nov 2O.-The at
! torneys for Caleb Powers in his fourth
/ trial on a charge OF killing william
Goebel won for him today the first
substantial victory when Special
Judge Morris sustained the motion TO
discharge the second yenire. The
main contention throughout the pro-
ceedings so far has been that politics
has been injected into the case at
all previous trials. that an effort TO
continue this condition has been made
In the selection Of the Venire OF 200
men summoned from Harrison coun-
ty and that the defendant could not
obtain Justice at the hands Of a jury
composed entirely OF political oppo-
nents.
II has been argued that IL is rea-
sonable to suppose that the twelve
men ultimately selected to try the
case would all be democrats. For this
reason counsel for Caleb Powers at
tackled the venire drawn from Harri-
son county. Testimony introduced 10
sustain counsels view was Intellectual
until proof was forthcoming as TO the
political character OF those sections OF
Harrison county from which venire-
men were summoned which demon
strated that these precincts were
largely democratic, so much 20 as To
create suspicion that undue intlu-
ence had been used in directing the
deputy sheriffs from Scott county to-
ward these democratic precincts.
In sustaining the motion Of the de-
fense Judge Morris. an ardent demo-
crat. and an appointment of Governor
Beckham, said:
The proof indicates that the demo- |
cratic majority In Harrison county Is |
somewhere in the neighborhood Of |
900. perhaps more lu the last elec- I
tion.
The proof indicates that Ia the /
precincts where the veniremen were |
summoned, there Is an overwhelming |
predomiuatiOn Of democrats not so /
much in the last election as in previous |
elections perhaps Now in looking /
over these lists in proof here, 1t must |
be striking that so many democrats I
we're summoned on this Vcnire and So /
few republicans.
Concluding his opinion Judge Morris /
said.
Il do not want 60 preside az the /
trial Of any man. when there b. any 1
Just ground OF suspicion that he has D
not had a fair trial and where there
has been any discrimination against {
him On the selection Of the jury for,
that is the vital point 0f the trial and 4
because there might be- wen grounded 4
suspicion Of discrimination ana ] de- /
not think 70 more than that, I am go-
Ing 90 sustain the motion to discharge
the second venirc
Following the order of discharge
Judge Morris overruled the motion to i
discharge the first. declaring that the
objections to 30 had not been sus-
tained. But four % these remain and
they may tomorrow present excuses
that may relieve them from duty
Tho defense in the Caleb Powers trial
TODAY introduced over twenty witnesses
In siinport of the motion Co set aside the
Harrison county Yenire. Most ~ the Z
witnesses were republicans and the
evidence was Intended tu show that
the scott county depuilee were ace
companied by deputies of Harrison
county when selecting the jurors ano
thai republicans were unsson over ana
the democrats were almost Invariably
selected. Two or the seven jurors al
ready qualified were excused to-day ON
account 90 Illness