The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1908-01-09
THE JURY DISAGREES.
Couldn't Conclude That Powers Was
Implicated in Assassination of
William Goebel.

After being out more than forty
eight hours the jury in the case o
Caleb Powers, tried on a charge o.
completely in the murder of William
Goebel, Saturday reported for the
second tire that its members were
unable to agree upon verdict anC
was discharged by Judg, Morris
This was the fourth trial of Powers
In two of the former trials Power.
| was convicted and sentenced TO life
Imprisonment and in the third tria
he was also convicted and given Z
death sentence.
After the discharge OF the jury
court was adjourned until Afternoon
to hear the motion of the defense FOL
new trial.
l.. Judge Morris overruled the motion
for bail. He fixed July as the date
for the next trial.
The jury stood ten for acqultta
ana TWO IOI COHNlSlioi. y - ii>>
the foreman, and J. w. Renaker the
Harrison county juror held out fol
conviction.
Powers was showered with con-
gratulations. He said that he woul
make statement later adding: Il
am pleased"
There came near being an acquit-
;al Saturday Mr.. Renaker made the
proposition 10 Mr. Price to vote for
acquittal Price held out, although
sick man, and Renaker said he
would vote with him. c. J. Marshall
first voted for conviction but soon
changed. The jurors were much
wrought up, there being much Ill
feeling, and two of them shook Pow
ers bv the hand Powers actually
cried
There was no money in the treas
ury fund with which to pay the jur
The last chapters in one OF the
most tragic events in the history oi
Kentucky was reached Saturday on
the completion OF the four trials oi
former Secretary OF State Caleb
Powers, indicted eight years ago as
accessory before the fact to the mur
der of William Goebel, Democrat
contestant for governor. 1t has been
one of the most stubbornly contest
ed criminal trials in the history OF
the American Jurisprudence.
The present trial has covered more
than seven weeks, with forty-six ac-
tual days of court proceedings. There
have been III witnesses examined Il
for the commonwealth and 101 for
the defense. In addition three sets
|'of depositions have been read and the
testimony of six witnesses who died
since the last trial, was admitted.
Powers was the chief witness for
The defense Henry Z. Youtsey, who
is now a life convict, was the leading
witness Tor the state.
The first trial was held IN 1900; j,
resulted in conviction. The sentence
was life imprisonment This sentence
and verdict were reversed by the
court OF appeals on the grounds ol
misconduct upon the part of Attorney
Thomas c. Campbell during the
trial judge in forcing too speedy :
judgment and sentence in order to
have it entered in the time provided
by the criminal court
The second trial came about a year
later and resulted in a life sentence
This verdict was also set aside on
the ground that Judge James c. Can
ltrill 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 1908, Judge
J. E. Robbins, of Mayfeld, presided
1t again resulted in verdict OF gull
| ty, and this time the death penalty
was imposed. Following this SEN
tence the case was taken from the
state courts by Judge Nj. J. Coch-
ran OF the United States district
court, and the accused became a fed
eral prisoner and was confined in the
Newport Jail. This was done on a
motion that the federal courts take
jurisdiction of the case under the
constitution. jurisdiction which
Judge Cochran assumed. The case
was carried to the supreme court oi
the United States. but by that tribun-
al was returned to the state courts
and Powers once more brought back
to the jail at Georgetown