The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-13
POWERS FREED.
Governor Issues q Pardon to
Him and Jim Howard.
Was Tried Four Times for the
Murder of GOebel. -
Twice Sentence of Death Has
Been Passed.

Twice Sentence of Death Has
Been Passed.
Frankfort. KY, June 13.-CaIeb Powers
and Jim Howard who were convicted of
completely in the assassination of Cover
nor William Goebel were pardoned by
Governor Wilson today Powers was
tried four times, the last trial resulting
in a disagreement.
Story of the Trouble.
The campaign that ended in the de-
feat of Goebel at the polls, the strug-
gle incident to his legislative contest
whereby he snatched the governor
ship from Taylor. his assassination
and the campaign of prescription
waged by his partisans after his
death, were replete with dramatic
situations and crowded the stage with
actors who played important parts
but of all the participants none, not
even Goebel himself focused public
attention more than Caleb Powers, the
Republican secretary Of state. Powers
has been fighting with halter around
his neck for eight years. During all
that time he has lain largely in the
power of his political opponents. the
majority of those who were engaged
In prosecuting him, being partisans of
Goebel. These opponents were sur
rounded by horde of witnesses and
detectives and backed by the $780,
900 reward fund which the Goebel
Democrats in the legislature voted
from the public treasury to secure
the conviction of the murderers.
At the hour Goebel was assassinated
In Frankfort Powers was some two
hundred miles away on train bound
for western Kentucky where he in
tended raising a second peaceful
"nofifinv, in To
test against what 1t seemed would be
the certain course of the legislature in
proceeding to Dust Governor Taylor
and seat Goebel on contest proceed
ings He returned to Frankfort and
remained there during the stormy
days that eliminated in the INSTALL
ment of Goebel as governor upon his
death bed.
Soon after. seeing the trend of
events, Powers and a Frankfort po-
liceman attempted to leave the capital
by stealth. They were caught and
when given preliminary arraignment
produced pardons signed by Taylor
and dated prior to Goebel's installa-
ton as governor. Although such par
dons issued in advance Of trial have
been upheld by the Kentucky court
of appeals as legal those produced by
Powers and his companion were held
to be of no effect and were cited by
Goebels friends as additional evil
dence of the guilt of the accused.
Then followed, during the course of
eight years, four legal battles which
served to reveal the intensity of the
hatreds aroused by the memorable
struggle for the governorship.
James B. Howard is alleged to be
the man who fired the shot that killed
Goebel and he was under a life SEN
tence.
He Is Thankful.
his announcement of a pardon for Pow
ers and Howard, Governor Wilson
said:
II have considered the case regard
less of my personal wishes, sympathy
or first impressions and wholly in the
light of truth and right. neither seek
to avoid criticism nor win praise. But
l am reverently thankful that it has
come to pass that / should be the In
strument of justice and mercy as God
has given me to see my duty and know
the right and my faith is that peace
and neighborly feeling will put an end
to these troubles.
I grant Caleb Powers a full and I'M
conditional pardon for the offense with
which he stands charged and a re-
storation to all his rights of citizen
ship and order that he be forthwith
released from Jail. My reason for grant
ing a pardon is that 1 am firmly con-
WINGED that he is, beyond all reason
able doubt, innocent of the crime
charged aginst him and that any fur
Their prosecution against him for the
crime charged would be a great wrong
and against the peace and well being
of the community.
In the trial of Youtesy the state
contended earnestly for a verdict in
that he fired the fatal shot, and my
reading of the testimony leaves no
doubt that this charge was conclusive
ly proved. At the end of his trial he
accepted and did not appeal from the
sentence Of Imprisonment for life.
There is very little hope of ever
having a jury trial of this case in
Kentucky without political questions
uppermost in the minds of the court,
the counsel and the jury and because
| of this and the unequal struggle of the
defendant with no means except those
given him, against the whole power
| of the commonwealth I feel it a plain
duty to end this futile struggle, the
anxiety distress and waste Of time,
money and care and take away from
both parties the bone of contention to
do all that 1 can to restore peace to
| the state.
For these reasons I pardon Caleb
| Powers and order his immed date re-
| lease from the Scott county Jail at
| Georgetown, this June 10, 1903.
AUGUSTUS WILSON,
| Governor of Kentucky.
The governors reasons for the par
| don of James B. Howard are set forth
| to be that after a careful examination
| of all the evidence and proceedings of
the trial satisfied him that Howard
had nothing whatever to do with the
Henry Youtsey formed the plan which
was carried out, the murder of senator
| Goebel.