The Hartford republican. (Hartford, Ky.) 18??-1926, 1908-04-17
PARDON OR Death
FOR powers
Gov. Wilson Listens to
Arguments.
Might as Well Be Taken Out and
Shot as Held For
Another Trial.

FRANKFORT, n.y., April l4.-l1 GOV'
Wilson is going TO wait for Powers
to have another trial before pardoning
him he might just as well take him
out and have him shot or hanged. IL
is my belief that Powers will never
live to face another trial and base my
statement on the word of Powers ply
stefan as to the latter's health"
This statement made by Judge j.
C. Sims one of Powers attorneys in
the Hall of Representatives this af-
ternoon caused a mild snesation. More
than 100 persons including a sprink-
ling OF woman who had been seated in
the chamber throughout the day list
ening to the arguments before Gov.
Wilson on application for pardons for
Caleb Powers and James b. How
ard, were visibly moved and tears
came to several pairs of eyes.
At an all days session Gov. Will
son listened to more arguments by
Powers attorneys as to why the cele-
brated prisoner should be extended
executive clemency The full staff
of defense attorneys were on hand as
well as Commemorative Attorney Rob
ert B. Franklin and Arthur Goebel.
The argument in behalf of Howard
was first taken up by Attorney w. NJ.
Smith. He said the first two con-
victions of Howard had been obtained
by means which he did not desire
to criticise.
THE trackway of these convictions
have been strewn with political
wrecks" he declared. Taking up the
evidence which he said tended to con-
meet Howard with the murder of Goe-
bel he said that Youtsey was not
wearing strips in the penitentiary,
but was dressed as well as any man
present and by reason of this was in
duced to make his statements against
Howard, then Executive clemency
should be granted.
Taking up the political aspects of
the case. Attorney Smith pointed
the case of jefferson Davis as a pa
rallel and how the "act of oblivion"
was passed and a pardon was granted
to Davis to heal up the old sores, al
though if the Constitution of the
Government was correct he was gull
ty of treason.
Mr.. Smith discussed at length Yout-
sey's testimony as to the assassina-
ton endeavoring to show that the evil
dence tended to incriminate Youtsey
more than Howard. He declared that
if Howard was innocent the connec-
ting link which has been used to
bind Powers and Taylor/to the crime
was broken.
He asserted that the truth of the
matter was that Youtsey killed Goebel
and did it without any concerted .ac-
ton. He compared Youtsey to Col
gosz and Guiteau and said he was a
pervert If there ever was one.
Judge ]. c. Sims began his argu-
ment in behalf of Powers when Mr..
Smith had finished and said he had
three points to make as to why Pow
ers should be pardoned. They are:
First-That Powers was denied
bail after his last trial, when there
was a hung jury.
Second-That the record shows that
he is absolutely innocent of the charge
against him.
Third-That as the law now stands
1t is impossible for him ever to get a
fair and impartial trial before a fair
and impartial jury.
Judge Sims dwelt at length on
these points. He said that in his
thirty years, experience he had never
heard of prisoner being denied bail
when ten of the jury said he was guilt
less and only two stood for convic-
ton. He then discussed the testimo-
ny deduced at the last Powers trial,
devoting himself principally to efforts
to discredit Youtseys testimony.
Judge Ben G.. Williams, who assist
ed Commemorative Attorney Frank
lin in Powers last trial, told of
his connection with the Goebel cases
and sketched briefly history of the
famous election contest cases.
He told of the discussion and plan
ming of the holder spirits which he
said were led by Caleb Powers for the
ending of the Democratic contest
either by killing Off enough Demo-
cratic members of the Legislature or
Goebel himself.
In ,.l.1na