The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-04
NO VERDICT.
Trial of Powers Ends in Dis
agreement of Jury.
Four Times He Has Been Ar
raigned for Goebel Murder.
THREE CONVICTIONS.
Has Been Twice Sentenced to
Imprisonment for Life.
On the Third Trial the Death
Penalty Was Imposed.

Georgetown, KY, Jan. AFTER being
out more than 48 hours. the jury in the
case of Caleb Powers, tried on a charge
Of completely in the murder of William
Goebel today reported for the second
time that they were unable to agree
upon a verdict and were discharged by
Judge Morris.
This brings to a close the fourth trial
of former Secretary of State Caleb
Powers, indicted eight years ago as ac-
cessory before the fact o.the murder Of
William Goebel, Democratic contestant
for the office of governor. 1t has been
one Of the most stubborn1y contested
criminal cases in the history of Amerl-
can Jurisprudence.
The trial just closed has covered
more than seven weeks with 46 actual
days Of court proceedings. There have
been III witnesses examined, 76 for the
commonwealth and 101 for the defense.
In addition three sets of dispositions
have been read and the testimony of
six witnesses, who died since the last
trial was admitted. Powers for him.
self and Henry E. Youtsey who is now
a life convict, for the prosecution were
the principal witnesses.
During the trial seven persons have
been brought before the court for con-
tempt, resulting in four convictions
ana three
The first trial 1850 resulted in a
conviction with a sentence of life inn
prisonment. This Judgment and verdict
was reversed by the court of appeals on
the grounds Of misconduct upon the
part of Attorney Thomas G. Campbell
during the trial and an error on the
part of the trial judge in forcing too
speedy a judgment and sentence in or
der to have it entered in the time pro-
vided by the criminal code.
The second trial came about year
later. in 1902, and resulted in a SEN
tenceS to life Imprisonment. This was
later set aside on the ground that
Judge James E. Cantrill had refused to
vacate the bench upon motion filed
by the defense supported by an AMI
davit charging him with Partially.
At the third trial, in 1903, Judge r.
Robbins of Mayfield.. presided. tt again
resulted in. verdietT Of guilty and this
time the death penalty was imposed.
Following this sentence the case was
taken away from the state courts by
Judge A. M j. Cochran of the un1ted
States district court and the accused
became federal prisoner and was con-
fined in the Newport Jail. This was
done on a motion that the federal courts
take jurisdiction of the case under
Jurisdiction which Judge Cochran as
stunned The case was carried 20 me su-
preme court of the United States, but
by that tribunal was returned to the
state courts and Powers once more was
brought back to the Jail here.
Four years elapsed from the time OF
his death sentence to his last trial.
+. When first arrested he was put in
the county jail at Lexington Two days
later he was conveyed to Frankfort and
a motion Tor bail was denied He was
then taken to the Jail at Louisville Tor
safekeepine and later transferred TO
Georgetown From this city he was
taken to Newport during the time. Of
his federal Imprisonment and from
Newport brought back to Georgetown
again where he has since rem aimed.