The Hartford republican. (Hartford, Ky.) 18??-1926, 1907-08-02
JUDGE ROBBINS
VACATES BENCH
Caleb Powers Filed Affidavit
Which Proves Effective
Contained Startling Revelations
Concerning Beckham AMI
Robbins.

On the calling of the case of Com
monwealth of Kentucky against Caleb
Powers at Georgetown Monday James
Sims, of Bowling Green, in behalf
of the prisoner arose and said: I'VE
desire to offer this affidavit from the
defendant asking that you vacate the
bench"
With this he handed TO James +.
Robins, of Maytield, the special Judge
appointed by Gov. Beckham, and the
man who presided at the third trial
of Powers, lengthy paper. Judge
Robins said. in order to expedite
matters, the court will read the affi-
davit and pass upon it. now"
After a half hour in which time
Judge Robbins glanced hurriedly over
the document he passed it over to
Commemorative Attevney Robert
Franklin and asked his pleasure. At
torney Franklin only looked in the di-
rection of where the paper had been
on the table and smiled. He looked
at his co-attorneys, Victor Bradley
and Ben Williams and then they all
smiled.
They were then joined in the smiles
by Arthur Goebel, who was seated
just behind Mr.. Franklin, and then
they looked across the room toward
the attorneys for the defense and the
defendant himself. There were no smiles
on that side of the court room, but
there was an air of confidence which
forbode earnestness and Common
wealth's Attorney Franklin after the
embarrassing pause said without ris-
ing from the chair, I'VE would like
TO have some time to examine the pa
per your honor"
Judge Robbins adjourned Court un-
til Tuesday morning to give the at
torneys on the side of the Common
wealth time to examine the affidavit.
When the court convened next morn
ing Commonwealth Attorney Robert
Franklin stated that the State had in
preparation a response to the affidav-
it filed by the defense on Monday to
have Special Judge Robbins remov-
ed, and that his side desired more
time TO consider it. He said that
there was much matter in the atfi-
davit that should be replied to and
that the prosecution desired to fully
prepare a response.
Major Owens, of counsel for Powers
answered to the effect that counter
affidavit or a reply could not, accord
ing to the law, be entered upon the
records of the court. He said his
side had no objection to some further
reasonable time be given, if the pros
ecution wanted it. Court then adjourn
ed until 2 o'clock
The attorneys for the defense say
that Mrs. Youtsey testified in her dep
osition taken few days ago and
filed in court Monday that her hus-
band told her that his treatment in
the penitentiary before his confession
was cruel and inhuman, but after he
testified he was treated much better
and was given an easy job. She tes-
titles that she heard her husband say
in the Georgetown Jail he knew moth
ing discriminating against Powers, and
that form all her husband said and
did she believed Powers is innocent.
Powers affidavit upon which he re-
lies to induce Judge Robbins to va
cate and not sit in this trial was Civ
en- out to the.p press Tuesday night.
1t begins by setting out the bitter
campaign waged bewteen Democrats
and Republicans in the fall of 1899,
when the tickets were headed, re-
spectively, by William Goebel and w.
S. Taylor.
1t states that the tragic murder OF
Goebel by an unknown assassin further
inflamed the passion and anger of the
followers of Goebel almost to riot and
revolution, and that from the day Goe
bel was shot down in the Statehouse
yard at Frankfort, the leaders of the
Democratic party and the followers OF
Goebel, including Gov. Beckham and
Judge Robbins, have valiantly sought
to have him (Powers) hanged and
have proclaimed on the stump in po-
litical speeches that he was guilty and
deserved to pay the death penalty.
He further charges in his affidavit
that during the progress of the third
trial the rulings of the court were
flagrantly unfair to him, that the
court was irritable in dealing with
the defendant and his counsel and his