Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-31
AFFIDAVIT BY THE PRISONER
Court Says 1t Will Prevent Him From
Serving.
WAS A SURPRISE TO BOTH SIDES
Expected That the Attorneys Will
Have Difficulty Finding Another
Judge for the Place.
s,.cial Dispatch to The Star.

Special Dspatch to The Star
GEORGETOWN. Ky, July GA bomb
shell was sent into the camp of the prose-
cution this morning when Special Judge
j f. Robbins vacated the bench in the
Caleb Powers case following an affidavit
of Powers that he was UNIT to sit on the
case
The decision was a complete surprise to
the defense. who believed that Judge Rob-
bins would overrule their motion for him
to vacate. He delivered his opinion In
writing and read 1t in open court. He said
that he had been judge for nine years, and
although the affidavit of the defendant was
unsupported, he considered it too late to
mar his record fair judge. and would,
therefore yacate. He took up each al e.
CATION and denied it. saying in each in
stance 1t was utterly untrue. He said that
political faith would not prejudice him in
the least while on the bench, but that he
would not serve under the circumstances
Always a Democrat.
He laid particular stress on his political
utilization. and said that he had been DEM
would that cause Ill feeling toward Powers.
He denounced severely accusations that he
stated after the last trial all of the de-
PENDANTS should be hanged. The allega-
ton that he gave the jury partisan news
papers to read during the progress of the
trial he bitterly denied
Breathiess silence was maintained in the
crowded courtroom while Judge Robbins
read his decision. and great surprise was
expressed by spectators. When he had fin
ished he instructed the clerk to notify Gov.
Beckham and the attorneys retired to agree
on another Judge.
Judge James E. Cantrill, who presided at
the first two trials refused to vacate under
similar circumstan and the court of ap
peals removed him. and the governor ap-
pointed Judge Robbins. 1t is expected that
II will be a hard matter for the attorneys
to decide on a new judge to recommend.
Mrs. Youtsey Denies Husbands Story.
The deposition of Mrs. Jennie Youtsey,
wife of Henry f. Youtsey. who was given
life sentence for the murder of William
Goebel after a trial throughout which he
fegned Inconsistencies. filed in the Pow
ers case now on trial here, Is startling In
its allegations
The deposition of Mrs. Youtsey was taken
last Saturday In Lexington. and is TO be
placed in evidence by the defense of Caleb
Powers in contradiction to the statements
made In the confession of her husband and
since testified to in the trial OF Powers.
Mrs. Ioutsey. according to this deposit
ton, overheard conversation between
Powers and her husband In the Jail here
I'm which Youtsey. she alleges, told Powers
that ne could think of nothing that in any
way connected lin with the murder of
husband nrst placed in the peniten-
tiary the prison warden. Eph Lillard told
her that he ought to tell what part Powers
and the other fellows took in the murder
of Goebei. and 1t would not go hard with
him, and he might even get out.
Had Told All He Knew.
She said she thanked the warden, but
her husband assured her that he had told
all he knew of the connection of any one
with the plot. Later she says, giving the
dates. Youtsey was put to stocking the en-
gines with the negroes and was made to
work there until he fell fainting from ex-
hauston. He was constantly given hard
work: she declares. and told her that he
had been confined eight consecutive Sun
days on bread and water She appealed
TO the prison warden and was told that
her husband had broken the prison rules
He said he had not and they wanted him
to confess. she states. and said he would
do anything rather than go back to the
hard work they had required of him. After
Youtsey made his confession she saws he
appeared better and he was given lighter
work. She AYERS that she does not believe
from what her husband told her and from
the actions OF both that Powers had any
knowledge of the plot or assassination of
Goebel -
Yesterday afternoon the commemorative
attorneys presented an affidavit counter to
Ihe one hled by the defense asking that
Judge Robbins vacate the bench but the
uefense objected to Its being filed on the
ground that the statements in the Powers
andavit under the law may be taken as
facts. The arguments consumed the entire