The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-06
Powers Will Be
Tried Again

GEORGETOWN, KY. Jan. 6.-Caleb
Powers is back in his cell. Fifty-six
days of nerve racking trial has been
added to his seven years of imprison-
ment on the charge of completely in
the assassination of William Goebel,
contestant for the governship of Ken
lucky and he is back just where he
started.
Yesterday he began anew the 6reary
routine OF reading and writing, exer-
cIsing and eating. The four walls of
his cell became again the boundaries
of the world, his law books. his prin-
cipal companions. He will study them
again, lest in these seven years he
may have overlooked some point that
might have swung the verdict his way.
Bail Refused.
"A new trial has been set for July G.
Before this had been decided, Powers
attorneys pleaded with the court to
admit him to bail. They pointed out
the years he had waited for this hear
ing, the ordeals OF his other trials and
the danger to his health from his long
confinement, but Judge Norris held
the case was not one that would adj
NIT of bail.
Powers returned to his cell disap-
pointed but not discouraged. He has
been the man of steel-the man with
out nerves = throughout his seven
years in jail, and the iron courage did
not desert him. He put this trial be.
hind him. save for the lessons 1t
taught, and began at once to plan for
July G. Ten jurors had been for &C.
quitting him through the hours Of de-
liberation this time. How to make
sure of the twelve next time was the
problem he set about to solve.
Goebel Determined.
Just as determined to continue the
fight, Arthur Goebel, brother of the
assassinated politician, began build
ing a new foundation for the States
case July G. This interval will be al
most like a recess in the trial. Goe-
bel has spent a fortune in his effort
to avenge his brothers death. He
has another fortune ready to throw In
to the contest if necessary.
Neither side has made any charges
Of unfairness in this trial The feel
ing seemed to prevail on all hands
that no matter what has gone before
the effort this time has been for com
plete, unbiased Justice. Four Repub-
Leans. four Democrats and four In.
dependent Democrats composed the
jury. All were men of good standing
in the community. There was no
packing" charged. no rancor because
of the exclusion OF testimony.
Bitterness Among Jurors.
The tours spent in elaboration by
the jury were fraught with bitterness
so great that early today the members
of the panel felt there was no chance
for anything save disagreement. But
Judge Morris did not content to dis
miss them until almost noon. Eight
weeks had been spent in working up
to this point, and all felt that every
resource for getting a verdict must
be exhausted but by that time Judge
Morris was positive the men holding
out would never give in.
Two had stood out for conviction at
first but finally one of them announced
he was willing to vote for acqulttnl.
The other would not.
Powers said that he was pleased
that 10 of the 10 men had believed
in him. In the new trial he said he
believed the twelve would be con.
WINGED.
James L. Price, the foreman. and
]. w. Renalker, were the jurors who
voted against acquittal. Both are
Democrats, Which one of them finally
offered to give in, none of their col
leagues would state.