Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-04
POWERS TRIAL IS OVER
Jury Fails to Agree and Is Dis
charged.
OUT TWO DAYS AND NIGHTS
Foreman Declared Agreement an
Impossibility.
ONLY ONE FOR CONVICTION
Judge Morris Remarks to Jurors.
An Animated Argument Be-
tween Leaders.
OUT TWO DAYS AND NIGHTS
ONLY ONE FOR CONVICTION
Special Dispatch to The Star.

Special Dispatch to The Star
GEORGETOWN. Ky. January 4.-The
jury in the case of Caleb Powers. charged
with the murder of Gov.-elect Will
liam Goebel, having failed to reach an
agreement. after three days of debate,
was discharged this afternoon.
The defense will demand that Powers be
released on bail. and legal battle ap-
pears imminent as prosecution Will op-
pose any motion to bring about his re-
lease. The discharge of the jury brings
to an end the fourth trial of Powers,
which lasted eighty-four days. Powers
was not in court this morning.
Ever since the case went to the jury at
O'Clock on Thursday morning last 1t
was apparent that they were hopelessly
divided. The case has been largely one
of politics throughout. as it originated
over the contested election of William
Goebel as democratic governor of Ken
lucky Eight of the jurors were repub-
lcans and four democrats. Powers is a
republican.
For two days and nights the twelve
men struggled along, and at 3 O'CLOCK
this morning again began their delibera-
tions with no prospect OF agreement
Foreman ]. L. Price led his men into the
courtroom last night and told Judge Nor
ris that an agreement was, he thought.
impossible. He then began as II to tell
how the jury stood. but he was promptly
stopped by Judge Norris.
Foreman Price requested the permission
of the court for the jury to take walk
in the fresh air. In granting this re-
quest Judge Morris said that he real
lied the strain under which the jury was
laboring and that he thought little exer-
else might relieve the tension. The court
said that he did not mean to be severe
upon the jury, but that a decision of
some sort is vital.
''You may go. gentlemen" continued
Judge Morris, land unless you wish you
need not return. into court tonight. Re
member that while you are out of the
jury room you are not to discuss the
case"
At this juncture. Juryman Renaker Of
Harrisqp county. said: Your non4r. % !
IL we stayed here six months we would De
of our present minds" Renaker, 1t Is re-
ported. was the only man on the jury In
favor Of Powers eonyiotion n,hnr oebe1 as Is waa
greatly worried. as 1t was recognized on
all sides that the longer the jury stayed
out. the fewer the chances are for con-
viction.
building across the street from the jury
/,bom yesterday saw through the win1oW
Jurors LJnder. republican, ana henahei;
Nthe democrat mentioned, In an animateo
hrgument These men are recognized as
)eaders in the acquittal and convlction
ACTIONS of the jury. There has been no
intimation as to how many ballots nave
been taken.
,tse[tsRn d, fiia1 has the case of Caleb Pow
<rx who eight years ago was just enter-
Ing on his term as secretary OF state
when William Goebel. democratic con-
testant in the gnbernator1ai contest tnen
pending before the Kentucky legislature
was s1DOt and killed at Frankfort, the
shot having apparently been fired from
window of the executive office. POWERS
was arrested. and for nearly eisnt Years
has been in various iails in this state.
part of the time as state prisoner ana
part of the time as federal prisoner.
Powers was charged with being an acces-
sory before the fact. and the open win
dow in his Office has played large part
- the various prosecutions.
= For more than four years he has not
been brought to trial. his case having
gone through various stages in state and
federal courts. reaching the Supreme
Court of the United States which. how
ever. remanded it to the state courts. and
the present trial followed that order.
This fourth trial has continued for seven
weeks. The case was given to the jury at
9:OJ Thursday. Judge Morris then making
his final charge. and they were kept to-
gether until Las this morning. AT the
end of the first twenty-four hours they
declared that they We're unable to agree.
but the court insisted on further time be-
ing taken. Today decision seemed hope
less and they were discharged
In two of the former trials Powers was
convicted and sentenced to life imDrison-
ment, and in the third trial he was also
convicted and given death sentence.
GEORGETOWN. Ky. January 4.-The
jury stood ten for acquittal and two for
conviction. Foreman j. l.. Price and j.
w. Renaker. a juror from Harrison coun-
~ held out for conviction.
Powers was showered with congra tula-
tions. He said:
Il am pleased
There came near being an acquittal to-
day. Mr. Renaker made a proposal to
Mr. Price 10 vote for acquittal. Price
held out although sick man. Renaker
thereupon said he would vote with Price.
e. J. Marshall first voted for conviction,
but soon changed. The jurors were great
ly wrought up. There was much lill-
feeling among them After the verdict
was read in court two of the jurors shook
Powers by the hand and actually cried.