The Hartford republican. (Hartford, Ky.) 18??-1926, 1908-01-10
powers TO JAIL
WITHOUT BAIL.
So Orders Trial Judge Nor
ris at Georgetown.
Jury Stood Ten for Acquittal
and Two for C0nyic-
ti0n.

After being imprisoned for nearly
eight years and thrice convicted by par
tisan juries, but each time granted a
new trial, Caleb Powers, charged with
completely in the assassination of Sen
ator William Goebel, came within one
vote of being granted his liberty last
Saturday at the conclusion of his fourth
trial, which has been in progress for
the last eight weeks.
According to the official count, the
jury stood ten for acquittal and two
for conviction, but it is authoritatively
stated that one these twoo who voted
to come over for acquittal,if his asso-
10 come over for acquittal, if hisasso-
ciate would do likewise. The failure
of this twelfth man to "budge" was
the cause of the hung jury.
The biggest surprise of the trial
came when James S. Morris, the pre-
siding Judge refused to grant the
prisoner balm view of the fact that
eleven out of the twelve Jurors who
tried him were willing to sign a ver-
dict that he was innocent of the crime
charged. This action, on the part of
Judge Morris, in view of Powers be-
ing long confined and in poor health.
in addition 10 the strong defense he
made is unfavorably criticised by citi-
gems throughout the state irrespective
of party affiliation, many expressing
their disapproval in unequivocal terms
Ever since Foreman j. l.. Price Fri
day morning at 10: 40 o'clock annOunC
ed that the jury could not agree upon
verdict. and J. w. Renaker a few
hours later emphasized this INDIGESTION
by saying that II they were kept to-
gether six months there was little
hope of an agreement, the public felt
that the jury was hopelessly hung and
that it was only question of time I'M
til the court would discharge them and
terminate the longdrawn out trial.
This climax was rHched Saturday at
11:45 o'clock when Judge Morris after
receiving no word from the jury as to
how they stood since entering the jury
room in the early morning, sent a
deputy sheriff to them to notify them
to come into court. When they ap-
peared Judge Morris asked if they had
been able to reach a verdict, to which
Foreman Price replied that they had
not, and if kept locked up for year,
he did not believe they would be able
to agree.
At this juncture J. c. Linden, anoth-
er member of the jury arose and said
to the court that he did not regard
Foreman Price as either physically of
mentally capable of conducting the
business of the jury and he felt that
if allowed to remain for a reasonable
length of time that an agreement
could be reached. Jurymen OHara
and Juett also indicted their belief
that if the jury was held together a
few more days they would be able 10
make verdict.
Up to this time no on eknew how
the jury stood. Judge Morris, how
ever, accepted the announcement made
by Foreman Price and az once end
ed the trial by declaring the jury
discharged. The instant Judge Morris
pronounced the word discharged" and
simultaneously with the announce
ment, States Attorney Franklin and
Major w. c. Owens of counsel for the
defense jumped to their feet to offer
motions both saying Your Honor" at
the same moment Judge Morris rec
ognized Col. Franklin, who entered a
motion that the prisoner be remanded
to Jail without bail and a new trial
be fixed for sometime in July. In this
connection Col. Franklin explained that
the regular terms of the Circuit Court
here and in the other counties of the
district would prevent an earlier trial.
Attorney Owens insisted on enter
ing a motion for bail and asked the
court to set time to hear arguments
on the motion for bail, which he stat
ed would be made in writing and sup
ported by proper affidavits. Judge
Morris set the hearing for 1880 in the
afternoon.
The ten who voted for acquittal
crowded around Powers, some of them
with tears in their eyes.and cordially
shook hands with him and his attor-
neys. BY this time men and women
in the audience caught the inspiration
of the occasion and there was rush