The Birmingham age-herald., 1907-12-29
JURY INSTRUCTED
 IN POWERS CASE Argument Will Consume Three
 More Days FAIR TRIAL ALL THROUGH Partisan Feeling Has Been Eliminated By the Trial Judge, and Powers
 Fate Will Soon Be An.
 nounced To Public.
FAIR TRIAL ALL THROUGH

Georgetown, Ky, December 2.-(Spe- cial)-The case of Caleb Powers, on trial for the fourth time for complicity in the assassination of Governor William Goebel at Frankfort January 3O 1900, will
 if there is no deviation in the present ar engagement for the argument of counsel, go to the jury Wednesday afternoon at 5 o'clock. It has been definitely agreed that the speeches are to occupy an az gregate of IS hours, nine hours to each side The first two hours of this morn ing's session were taken up with the reading by official Court Stenographer ClarenceJF. Walker of certain portions of the records of previous trials, through which it was shown that there exist some material discrepancies in the testi- mony of some witnesses, particularly as concerns the actions and statements of Henry Youtsey before and the day of the | shooting. Through this the common wealth was enabled to further support it's claim prior to the conviction and sub sequent confession of Henry Youtsey there was a manifest disposition on the part of Caleb Powers and others alleged to have been implicated with him to pro- tect Youtsey
 The testimony read, 1t was shown that Caleb Powers at his first trial had said that he had had no meeting with Yout- sey and that he had never heard Youtsey make threats against anybody. Likewise it was made clear that numerous others who at this trial had given testimony in ,,f ,Nf4 JaPo aa4 Henry Youtsey was alone responsible for the killing of Goebel, had said nothing at all about him at previous trials Fol lowing this the defense moved to exclude from the consideration of the jury all testimony bearing on the bringing of the mountaineers to Frankfort, which was overruled
 When Judge Morris read his instrue- tions an adjournment was taken until Monday morning at o'clock. The sub stance of the instructions is that If the jury believes the evidence shows beyond reasonable doubt that the defendant, Caleb Powers, did in Franklin county, and before March r, 1900, conspire with W. H. Culton. F. w. Golden, Green Gold l en, John B. Powers. Charles Finley w. s. Taylor, Henry Youtsey, James B. Howard Berry Howard, Harlan Whitaker and Richard Combs, or any one or more of them. or any other persons or person to kill William Goebel. that they should find the defendant guilty of willful mur- der and fix his punishment at death or confinement in the penitentiary for life, in their discretion. Other paragraphs in struct the jury that Powers should be found guilty and punished by hanging or imprisonment for life if the jury be- lieved that from the evidence that any of the named persons in the conspiracy killed Goebel; If they believe that the bringing of the mountaneers to Frank fort led to his killing; if they believe that his assassination grew out of a conspir- acy to fire upon and kill members of the general assembly. and if they believe that the killing was the result of any conspiracy to do injury to any member of the general assembly. even though the killing of Goebel might not have been the original purpose of the conspiracy.
 After each of the three previous trials of Powers, he having been given life Imprisonment at the first and second, and the death penalty at the third, the cry of unfairness on the part of the trial judge and partisan feeling on the part of the jury was sent up; but 1t is hardly expected that. whatever may be the yer dict, this can happen now.