Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-11-30
FOURTH TRIAL OF CALEB
POWERS WAS BEGUN
THIS MORNING
After Three Convictions De.
fendant Is PesSlmlstlC
as to Pending
Hearing.
STATEMENT OF 1906
IS MADE PUBLIC
Oft Convicted Man Speaks Sarcas-
tiCally of the Laws Which
Would Either Hang Him
or Send Him TO Pri-
son for Life.

Georgetown, KY, Nov. 30.-Caleb
Powers, former secretary of the state
Of Kentucky, who Is charged with
direct completely in the killing OF
Governor Goebel in the stateyard in
Frankfort, Jan. 81, 1900. is now on
trial for the fourth time for his life.
Powers has twice been sentenced
TO life Imprisonment and once con-
demned to death. In each case the
court of appeals has granted him a
new triaI.
Powers is in his usual good spirits,
although very pessimistic as to his
chance Of getting a fair trial in the
state courts.
He is now being tried by a special
term of court and by special Judge
appointed by, the governor.
Previous TO the opening of the
trial now on, he made the following
statement, which Is now made pub
lie. as the jury for the fourth trial
has been selected and beyond hear
ing OF the newspapers.
Judges From Past Trials.
Powers said: my opinion that /
will not be awarded q fair trial this
next time is based on past experien-
ces. l know of no safer. saner way
of judging the future
What Is there in the past to in
spire confidence of square deal I?
The highest courts in the land have
declared over and over again, for
the past six years, that all my trials
have been Illegal and unfair and
that, ! have been uuiustly convicted
each time. /.
Every drop of honest blood in
ri ~
volts at the idea OF indicting a dozen
men for alleged completely in any
crime and then giving eleven of
those men their liberty to swear
away the liberty of the remaining
one, as has been done In my case.
''Of course all these men will not
appear against me this time. One
has been indicted for perjury and
fled to parts unknown. Two others
have confessed their perjury and
will hardly appear as witnesses. One
has criminal charges against him
and has bid his old haunts adieu.
Some of the able witnesses have be-
come seriously disabled but the
prosecution, 1 suppose, will be look
ing out for new star witnesses to
fill the places Of those that have
faded and fallen.
Much depends upon the jury
not all, because a good Jury may
sometimes be deceived by false tes-
timony.
I'VE have peculiar law here In
Kentucky under which jurors are
chosen in criminal cases. The way
and manner and fairness of selecting
the jury is left wholly to the discre-
ton of the trial Judge; and whatever
he may do in violation OF the de-
fendant's rights cannot be reviewed
by any other court.
"If, at my next trial, "a venire-
men should be summoned, IL of
them being uncompromlslng repub-
licans who had expressed the opinion
that / am innocent, and the other IL
partisan Goebel democrats who had
expressed the opinion that am
guilty, IL would be in the power OF
the trial judge to dismiss the IL re-
publicans and select the remaining
democrats 10 try me. From this con-
dition of affairs there would be no
appeal. even by the state court of
appeals.
''For this reason the importance
of fair and impartial judge can be
readily understood.
when the case comes to trial.
am ready for It,"
This statement was made by Pow
ers shortly after he was moved from
Newport TO the Georgetown jail, in
June, 1906.