The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-11-14
The Right OF Caleb Powers to SILT
In the House.

w
The Democratic party in Kentucky,
having failed tn prevent the election Of
CALEB POWERS 20 Congress from the
Eleventh district. il now said To be con-
spring 10 bar him from the House Of
Representatives on the ground that he
has thrice been convicted Of felony and
has not been acquitted by jury II il
contended by his enemies that Cover
nor WILSON : exercise Of the pardoning
power in his behalf did not restore him
to all his civil rights.
II is true that CALEB POWERS was CON-
victed three times Of completely in the
murder of WILLIAM GoEBEL, and was
twice sentenced To life Imprisonment and
once 90 suffer the death penalty. hut
after each trial the Kentucky Court Of
Appeals found error in the proceedings
and ordered new trial An appeal tn
the Supreme Court at Washington by
the attorneys for POWERS resulted in
technical decision that the case must
GO back Ia the State courts for a fourth
trial. hut Mr.. Justice HARLAN. a native
of Kentucky, took occasion ~ say:
The trials Of the accused make sn exhibition Of
misconduct "a the part - Administrative orneer,
connected with ihose trials which may well shock
all who love 'usticc and recognize the RICH, OF
every human being accused % crime to be rirSi
According To law. Further. the case made by
the record u must be conceded. tends 10 show, II
IL does M, Justify the belief that adminlstrat tive
officers having connection with Inc trial OF the
srI had Il 10 mind each rriaI 20 exclude from
the ir-y far :. I, s=7 possible 10 10 30. every
person however competent who belonged 10 She
Sane pyi'ica, party a. the accused
ON the fourth trial Of POWERS the jury
disagreed. ten jurors voting for aCquit-
tai and two for conviction. Thereupon
Governor WILSON took the papers in
the case. and after going through them
laborio,lsly for two months and calling
others into consultation. issued a pardon
to CALEB POWERS His action met with
the approval of all lovers of justice, for
the various trials Of the defendant had
been travesres Of justice. prosecutions
not prosecutions POWERS was par
doned as an act Of Justice, not OF Glenn
ency. for in tho view Of honest men and
Of men who were not political b!gots he
had been guilty Of no crime. On July
o, 1893. the case Of the Commonwealth
against CALEB POWERS was struck from
the docket by Judge S MORRIS
We cannot understand the legal sub
tlery by which this man Is still regarded
"a a convict for political objects His
three convictions were set aside and
there was a disagreement on his fourth
trial. He has suffered years Of imprison-
ment like a convicted felon, yet before
the bar OF public opinion he Was
adjudged innocent. No one can read
the able and eloquent address Of CALEB
Powers 10 the jury on his third trial
and believe In bis guilt. No one can read
my Own Story. his biography, and not
conclude that he was mentally and
morally incapable Of the hideous crime
Of Representatives il the judge Of the
qualifications Of its own members. but
IL In nor conceivable that the House will
entertain challenge Of the right OF
CALEB POWERS TO take his seat on
technical or any other grounds. II the
matter ever comes up the Judiciary
Committee will decide, va believe. that
irrespective 81 the question Of whether
CALEB PowERs was a convict in the eve
~ the law when Governor WILSON
interviewed. the pardon restored him 70
full civil rights. 4 man ~ native ability,
education and sturdy character. CALEB
POWERS will distinguish himself M n
rnaYnber Of tho House ~ Rapres anita
tives.