Evening star., 1907-11-17
NO POWERS JURY
IS YET SELECTED
Only Seven Men Chosen Out of
the Special Venire.
ALL MAY BE CHALLENGED
Right Probably Will Be Exercised
Monday.
DEFENSE CLAIMS PREJUDICE
Seven of the Jurors So Far Are
Democrats and One Republican
or Independent 1
Special Dispatch to The Star

Special Dispatch to The Star
LEXINGTON. Ky, November l6-One
hundred men have been examined Of the
special venire of two hundred summoned
from Harrison county from which to Sc
cure jury to try Caleb Powers. but to-
night, at the end of the first week OF the
trial there are only seven men on the
jury panel. the other ninety-three having
been disqualified for various reasons.
Six Of these men on the jury are demo
Gratis and one republican. All are sub
ject to peremptory challenge. and II
Is hardly likely that even the one hun
dred men Yet to be examined will fur q
nlsh complete panel. That the whole
special venire is overwhelmingly demo-
cratic has been proved, and Monday
morning Attorney Samuel NJ Wilson, for
the defense. will offer a motion, supported
py numerous witnesses, challenging the
entire Venire on several grounds. This
motion Will declare that discrimination
was shown by the officers summoning
the venire in favor of democrats and that
methods used by the democratic deputy
sherlns were unfair. Seventeen promi-
nent Harrison county citizens have peen
summoned to support this statement for
the defense.
Return of Taylor.
This announcement has created a decid.
ed sensation. Fully one-half of the men
so far examined and excused were dis
missed because of their objection to in
fiicting the death penalty on any one w.
l.. Whitaker. one of the jurymen ac-
cepted yesterday, at the opening of court
today arose and stated to the court that
no hod thD,,
cided that he was too biased in his
democracy to give Powers a fair and i'm
partial trial. He was dismissed.
1t is said tonight that the return Of
former Gov. w. s. Tay,or, who has been
an exile in Indianapolis since shortly
after Senator Goebel was assassinated, Is
scheduled for December IL. the day after
Republican Gov.-elect Wilson is naugu-
rated. While nothing definite has been
given out In regard to the future of Tay-
ior Immediately after his surrender to
the Kentucky authorities. II was learned
here today from intimate friends that all
preparations had been made to have an
immediate hearing on a motion for bal,
and that in the event he is allowed his
liberty on bond. pending a trial, bond
for an unlimited amount had already been
arranged for by his friends, and also that
a great array of legal talent has been
engaged to conduct his hearing for bail
and his trial. The motion for bail will
come up before Cir;uit Judge r. l.. Stout
of the Franklin county court, but in
view of the fact that Judge Stout was
interested in the prosecution of the men
charged with the Gcebel murder before
he was elected to the bench, ii is believed
Gov. Wilson will appoint a special judge
to hear the motion. Gov.-elect Wilson
went to indianapolis today, and. while
it is said he will confer with Taylor
while there. the report could not be verb
fed. Taylor has assured Gov. Wilson,
through friends, that he|would return to
Kentucky, and. while Powers was anx-
Gus to have his testimony at the Resent
trial, this will be denied him. although IL
was at first announced that Taylor would
appear
Politics in the Case.
Although Commonwealth's Attorney
Robert B. Franklin, who for more than
seven years has prosecuted Caleb Powers
for alleged completely in the murder of
State Senator VIM. Goebel, has repeatedly
declared that there is no politics in the
charge against Powers. and that the po-
Htical aspect of the case cuts no figure
in the trial, the fact remains that Judge
Morris. from the bench at Georgetown
this week. declared that for the first time
in the history of Kentucky Jurisprudence
a court had to take cogniZance of the po-
iitical phase of this case.
D And again, when Attorney S. NJ Wilson,
for the defense. suggested that a panel be
selected composed of six democrats and
six republicans inasmuch as all other
juries which have tried Powers have been
composed mostly of partisan democrats.
franklin was promptly on his feet with
objections
And again, the democratic sheriff who
sent his three democratic deputies over
into Harrison county. an overwhelming y
democratic county, that a democratic
judge had selected as a place in which to
summon 20o special venremen. has
rounded up these men. and most of them
are democrats. One hundred of these
talesmen answered Friday and were eX-
amined yesterday and today. The other
hundred will answer their summons Mon
day morning.
1t is rather a peculiar fact at least a
remarka bic coincidence, that Harr son
county should have furnished the Juries
that tried the three men who are con-
nected with events that have sp 1t th3
two political parties of kentucky in twain
and have called down more abuse on the
head of the officials of the state OF Ken
lucky than any other happenings that
ever took place within its borders.
The Jett and White Cases.
II was to Harrison county that demo-
cratic judges sent the case of Curtis Jett
and Tom White on change of venue
from Breathitt county when those two
young desperadoes were arrested for the
assassination of James b. Marcum at the
courthouse door at Jackson in May, 1903.
After a long trial White and Jett were
convicted. White being sentenced to life
imprisonment and Jett being sentenced
to death. short time afterward Jett
was again tried at Cynthiana, this time
on a charge of assassinating James Cock
rill at jackson. He was given Il life sem
tence at this trial
Later he secured new trial for the
Marcum murder and was sentenced to
life Imprisonment He is now in the
Frankfort penitentiary serving out two
life sentences-the only man in any pris-
on in the United States who has two such
sentences over him.
These cases caused sreat feeling in
Harrison county. the people of which are
mostly strongly partisan democrats. The
Powers case has caused still stronger
feelings because the killing Of Goebel oc-