The Montgomery advertiser., 1908-01-04
POWERS JURY
 IS STILL OUT No Probability of An
 Agreement. MIsTRIAL IS LOOKED FOR
Judge Announces That Jury Will
 Be Held Indefinitely.
The Twelve Men Who Are to Decide The Fate. of Prisoner, Are Wide iy Divided on ver-
 diet.

Georgetown, Ky, Jan. 3.-Another day has passed with the fate of Caleb Powers undecided.
 All day the jury remained in close confinement, only two events breaking the monotony for those who waited for the decision
 One of these was when at 10:40 a. m the jury filed in to report their ina biiity to agree; the other was when permission was given them at 5 o'clock to take a walk.
 When the jury went for walk this afternoon 1t was with the understand ing by the court and the jury. that they should use their discretion in the matter of returning to the court house for further consideration of the case. The men, haggard and worn from their long confinement. retired for the night at 7:s0 o'clock and nothing further will be heard from them until court con venes at 9 o'clock tomorrow morning.
 From the only questions which the jury has propounded to the court, 1t Is evident that the discussion in the Pow CTS case has been along the lines of Henry E. Youtsey's connection. direct ly or indirectly Aith the shooting of Goebei. Youtsey's testimony implicat- ed himself and Powers as well.
 StubbOFnly Contested.
 This has been one of the most stub bornfy contested criminal trials in the history of American jurisprudence. The present trial has covered more than seven weeks with forty-six actual days of court proceedings. There have been TIT witnesses examined 76@ for the Commonwealth and 101 for the defense. In addition, three sets of dispositions have been read and the testimony of six witnesses who died since the last trial, was admitted. Powers for him. self and Henry E. Youtsey who is a life convict for the prosecution, were the principal witnesses. Powers was on the stand for more than two days and Youtsey for the same time, being called by one or the other side no less than seven times.
 During this trial seven persons have been brought before the court for con- tempt resulting in four ny,efions and three dismissais. T}-
 The present trial is the fourth trial which Caleb Powers has been com pelled to pass. The first trial in 1900 resulted in conviction with sem tence of life Imprisonment. This judg- ment was reversed by the court of ap- peals on the grounds of misconduct upon the part of Attorney Thomas c. Campbell during the trial and an error upon the part of the trial judge in forcing too speedy a judgment and sem tence in order to have it entered in the time provided by the criminal court.
 His Second Trial.
 The second trial came about over a year late, in 1902, and resulted in a life sentence. This was later set aside on the ground that Judge James C. Cantreli had refused to vacate the bench upon a motion filed by the de- fense supported by an affidavit charg- ing him with partiality. At the third trial, 1908, Judge J. E. Robbins, of Mayfield, presided. It 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 Unt- ted States District Court. and the ac- cused became a 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, Jurisdiction which Judge Cochran assumed The case was carried to the Supreme Court of the United States, but by that tri- bunal was returned to the State courts and Powers once more was brought back to the jail here.
 Four years elapsed from the term of his death sentence to the present trNal.