The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-04
FATE Of POWERS
NOT YET DECIDED
Jury, Unable to Agree, Locked
Up for the Night to Continue
Their Debate.
NO PROSPECT OF VERDICT
DEFENDANT INDICTED EIGHT
YEARS AGO.
NO PROSPECT OF VERDICT

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Georgetown, KY, Jan. S.-AnOth- y
= er day has passed with the fate of =
y Caleb Powers undecided. The y
= membehs of the jury, haggard 4
4 and worn, from their long discus :
= sions and confinement. retired for =
y the night at 100 O'Clock. and moth y
= ing further will be heard from =
y them until court convenes at . ,
y O'Clock tomrr0w morning. =
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Georgetown, Ky, Jan. S.-The last
chapter ofsone of the most tragic events
in the history Of Kentucky was reach
ed today in the fourth trial of Former
Secretary of State Caleb Powers. in
dicted eight years ago as an accessory
before the fact to the murder of William
GOebel. Democratic contestant for the
office of governor 1t has been one of
the most stubbornly contested Grimm
al cases in the history of American jur-
isprudenCe.
Lasted Seven Weeks.
The present trial has covered more
than seven weeks with fOTty-siX ac-
tual days of court proceedings. There
have been III witnesses examined, Is
for the commonwealth and 101 for the
defense. In addition three sets of dep
Ositions have been read and the testi-
mOny of six witnesses, who died since
the last trial, was admitted. Powers,
himself and Henry +. YOutsey who is
now a life convict, for the prosecution,
We're the principal witnesses. During
this trial seven persons have been
brought before the court for contempt
resulting in four convictions and three
dismissals.
Haste in First Trial.
The present trial is the fourth through
which Caleb Powers has been compelled
to pass. The first in 1900 resulted in a
conviction with a sentence of life i'm
prisOnment. This judgment and YER
deict was reversed by the court of ap-
peals on the grounds OF misconduct on
the part of Attorney Thomas c. Camp
bell during the trial and an error upon
the part of the trial judge in forcing
too speedy a judgment and sentence
in order to have it entered in the time
provided by the criminal code.
The second trial came about a year
later. in 1902. and resulted in a sentence
Of life imprisonment. This was later
set aside on the ground that Judge j.
c. CantTill had refused to vacate the
bench upon d motion filed by the de-
tense supported by an affidavit charg-
ing him with Partially.
Death Penalty in Third Trial.
At the third trial i'm 1903, Judge E.
Robbins of Mayfield, presided. 1t again
resulted in a verdict of guilty and this
time the death penalty was imposed.
Following this sentence the case was
taken away from the state courts by
Judge A. NJ. J. Cochran, of the United
States district court and the accused
became a federal prisoner and was con-
fined in the Newport Jail. This was
done on a motion that the federal
courts take jurisdiction of the case
under the constitution, a Jurisdiction
with Judge Cochran assumed. The
case was carried to the supreme court
of the United States but by that tribun-
al was returned 70 the state courts and
Powers once more was brought back
to Jail here.
Four years elapsed from the time of
his death sentence. to the present trial
In Several Jaiis.
When first arrested he was put in
the county Jail at Lexington. Two days
later he was conveyed to Frankfort and
a motion for bail was denied.
He was then taken to the Jail at
Louisville for safe keeping and later
transferred to Georgetown. From this
CITY he was taken to Newport, during
the time of his federal imprisonment,
and from Newport brought back to
Georgetown again, where he has since
remained.