The Hartford republican. (Hartford, Ky.) 18??-1926, 1907-11-15
CALEB POWERS
AGAIN ON TRIAL.
Offered Pardon Issued by
Governor Taylor.
Court Asked to Direct That Both
Republicans and Democrats
be Summoned as Jurors.

At the calling of the Caleb Powers
case for fourth trial at Georgetown
Monday because of the absence of
about 100 witnesses of the 1872 sum-
moned by the Commonwealth a post
ponement of one day was granted by
Special Judge John Morris. The de-
Tense announced that it would urge
a trial at this Term of court. A new
line of defense will be adopted, it is
believed, and Powers attornyes will
attempt to show that Henry Yoursey
not only connected the conspiracy
which led 10 the assassination of Will
liam Goebel, but fired the fatal shot
himself.
Martin Lawrence, former Jailer of
Franklin county, and at one time or
another the keeper of all of the de-
PENDANTS in the Goebel cases who have
been in Jail, is said to be the man by
whom the defense proposes 10 detail
an alleged conversation between Hen
ry E. Youtsey, the convict, and tai
low Dick" Combs, the negro witness
killed by a train near Georgetown some
weeks ago. AS the story goes in adj
vance of the telling of it on the wit
ness stand, Lawrence says that he,
on one occasion while Youtsey and
Combs were in Jail at Frankfort heard
the negro say 10 Youtsey that his
(Youtsey's) aim was not true, or his
sight not good, and that Youtsey's re-
ply was TO the effect that the end he
sought had nevertheless been accom-
plished.
The second day of the trial was con
sumed in disposing of preliminary mo-
tions, Judge John S. Norris declining
to recognize the Taylor pardon and
refusing 70 allow the defense TO file a
plea in abatement though he permitted
the defense 10 make an avowal which
will be part of the record should The
case be carried 10 the United Slates
Supreme Court. The Commonwealth
announce is readiness to go into a
trial, but could not force an announce
ment from the defense which is be-
lieved 10 be feeling. out Judge Morris
before deciding whether or not a trial
is wanted at this Time.
The plea in abatement offered for
filing Tuesday comprises several thou
sand words, but the substance is con-
tanned in the following paragraph TAX
en- from the document:
Comes the defendant, Caleb Powers
and says that on the tenth day OF
March, 1900, he was pardoned of the
crime with which he is charged in the
indictment herein by William S. Tay-
lor. who was then Governor of Ken
lucky, that said pardon was delivered
to him and he accepted same, ad he
refers to and files and pleads same in
bar of further proceedings under said
indictment.
Defendant further says that said
contest for the governorship was ter
minated by the death of Goebel on
the 3rd day of February, 1900; that Oh
January 81, 1900, the said w. S. Tay-
lor, Governor of Kentucky, by proc
lamation of that date duly issued
published and made known to the Sen
ators and Representatives constituting
the Senate and House of Representa-
tives of the Legislature of Kentucky
adjourned said Legislature TO meet
In the city of London, KY, on the
sixth day of February, 1900.
To deny its efficiency or to refuse
defendant his freedom hereunder and
discharge from the crime herein chare
ed is to deny him due process Of law
and equal protection of The law in
violation of the Fourteenth amendment
of the Constitution of the United States
and the laws of the State of Kentucky
Wherefore, defendant prays that his
pardon by William S. Taylor, dated
March 10, 1900, be recognized a the
act of the Governor of Kentucky and
he stand pardoned and acquitted Of
the crime charged in the indictment
herein and that he be permitted to
prove all the allegations contained
herein, as he now offers to do, ant
to go hence without delay. The de-
PENDANT, Caleb Powers, says that thu
statements of the foregoing plea are
true to the best of his knowledge ant
belief"
Judge Morris, who Is presiding al
trial Judge, never saw the defendant
Powers until after his appointment al
Special Judge, and has never seen any