The Mena weekly star., 1908-01-09
POWERS JURY DISAGREED
The 12 Men Unable to Reach a Yer. dict in the Famous Kentucky
 Murder Case.
THEY SPENT 48 HOURS IN DEIIBERATIOg
After Reporting Their Inability to Agree Judge Morris Discharged the Jury-Brief History of the Case Since Indictment of Defendant Eight Years Ago-The Fourth Trial.

Georgetown, Ky, Jan. 5.-After be- ing out more than 4S hours the jury in the case of Caleb Powers, tried on charge of complicity in the murder of William Goebel, Saturday reported for the second time that they were unable to agree upon a verdict and were discharged by Judge Morris.
 This was the fourth trial of Powers. In two of the former trials he was convicted and sentenced to life i'm. prisonment and in the third trial he was also convicted and given death sentence.
 The last chapter of one of the most tragic events in the history of KeH lucky was reached Saturday on ths completion of the fourth trial of for mer Secretary of State Caleb Powers. indicted eight years ago as accessory before the fact of the murder of Will liam Goebel, democratic contestant for the office of governor. It has been one of the most stubbornly con tested criminal cases In the history of American jurisprudence.
 The present trial has covered more than seven weeks, with 46 actual days of court proceedings. There have been TIT witnesses examined, 76 for the commonwealth and 101 for the de- fense. In addition three sets of depo- sitions have been read and the testi- mony of six witnesses, who died since the last trial. was admitted. Powers himself and Henry E. Youtsey, who is now life convict. for the prosecution, were the principal witnesses. During this trial seven persons have been brought before the court for contempt resulting in four convictions and three dismissals.
 The present trial is the fourth through which Caleb Powers has been compelled to pass. The first In 1900 resulted in conviction with a sen tence of life Imprisonment.
 This judgment and verdict was re versed by the court of appeals on the ground of misconduct upon the part of Attorney Thomas c. Campbell, dur ing the trial and an error upon the part of the trial judge in forcing to, speedy a judgment and sentence 1T order to have 1t entered in the time provided by the criminal code.
 The second trial came about veal later, in 1902, and resulted in a sen tence to life Imprisonment. This wal later set aside on the ground that Judge James C. Cantrill had refused to vacate the bench upon a motion filed by the defense, supported by an affidavit charging him with partiality
 At the third trial, in 1903, Judge F Robbins of Mayfield. presided. It again resulted in a verdict of guilty and this time the death penalty was i'm posed. Following this sentence the case was taken away from the state courts by Judge A. M. J. Cochran of the United States district court and the accused became federal prison. CT and was confined in the Newport jail. Thisswas done on a motion that the federal courts take jurisdiction of the case under the constitution, a jurisdiction which Judge Cochran as. sumed. The case was carried to the supreme 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 the present tria1