The Montgomery advertiser., 1908-06-14

reference to the trial of the case, such power should never be exercised except under the most extraordinary circurn- stances. The facts n the history of to all. need not be here detaiTed. It Is suf1cient to say that the Governor deems this an extraordinary case and the exercise now of the power of par don and the discharge of the accused from further prosecution Is required by the highest considerations Of public welfare. to say nothing of the injus- tice that will be done by the further prosecution of a man who cannot pos- sibiy under any evidence heretofore ad- duced or likely to be adduced be found guilty by an impartial, non-partisan jury. and yet has been refused adrnts- sion to ball. % that his application indefinitely the imprisonment already continued eight years, of q man never legally convicted and almost acquitted on the only trial which has not been reversed. 'If the lesson of this case can be rightly taken to heart by the people of Kentucky. t may yet De worth all the woe and misery which friendly good will between neightors and of fair and just toieratton and respect for each others opinions. and honorable and friendly contests in our elections, and loyal and friendly sup- port of the officers when elected ac- cording to our rules governing elect Ions shall ct least make our conten. tions fair and reasonable instead of angry and hostile, we shall have rads s great gain, not only in the respect of the world. but in the happiness and welfare of every man, woman and child in Kentucky.
 Assassination of public officers has
 nF a intolerance which has melted the minds of a lower order to murder and robbed the people of the lives of lSin- coin, Garfield and McKineiy am glad that in our country we have no case of any man of any consequenee. or any important ofiicer elected py the people, guilty of this crime.
 Youtsey the Guilty Man.
 'Tn the trial of Youtsey. the state contended earnestly for a verdict that he fired the fatal shot and my read inx of the testimony leaves no doubt that this charge was conclusiveiy proved In trial after trial Youtsey fhat ne did everything but fire the shot that killed William Goebel.
 "There is very little hope of ever having a fury trial of this case in Kentucky with political questions up- oermost in the minds of the court. the counsel. and the judge.
 aIn this case jurors were asked on the voire Daire which party they be- lonsed to so that there can be little hone of a decision unless the Common wealth or the defendant cau select the whole jury, and there would thus De reouired trial after trial at enormous expense, and fell 1t plain duty to and this futile struggle, the anxiety. distress and waste of time, money and care and take away from both par teis inc bone of contention; to do all that I can to restore peace to the State.
 sFor these reasons I pardon Caleb Powers and order his immediate ra- lease from the Scott County jail. at Georgetown. this June ls. 1908. (Signed) Augustus P. Wilson. "Covernor of Kentucky" Pardon of Howard.
 The Governor's reasons in part for the pardon of James D. Howard were as follows;
 "In the matter of the application for pardon of James B. Howard now eerv- ing a life sentence in the penitentiary at Frankfort under the judgment on | an indictment for the wtlful murder of Senator William Goebel, grant to him a full and unconditional pardon upon | said charge and restoration to all the rights of citizenship and direct his inn- uaeulate Tetehse from tAS pshAsSnttafS at Frankfort.
 This conclusion was reached after
 a public hearing of counsel for the l commonwealth and Mir. Arthur Goebel, brother of the deceased Senator Wii- Ham Goebel, and counsel for the pris-
 oner. and certificate of examination of all the evidence and proceedings of the trial which satisfed me beyond all doubt that James B. Howard had nothing whatever to do with the mur- der of William Goebel.
 Henry Youtsey, In several trials. has tastihed ths. he formed the plan which was carried out in the murder of Sem ator Goebel. experimented at different windows to see which was the best
 from which to fire the shot, got the rife and the special ammunition. tried for many days to induce different men to- do the deed and finally, when all others failed him, went Into the room from which 1t was fired, made all the arrangements and finally escaped from the room and by the route down the stairs. through the narrow obstructed passage in the basement and out of the building. He confessed every step of the crime except firing the shot and there can be no doubt that he did that too, although he denies 1t.