Mountain Advocate, 1904-12-09

b i The Court of Appeals in an r opinion delivered by Judge Bar Barker - ker Barker Tuesday last reversed the Scott Circuit Court in the cast of Caleb Powers under sentence of death for alleged complicity I in the murder of William Goe K Sol SolJudges I Judges Paynter Hobson and yo Nunn dissented Judge Paynte x writing the dissenting opinion oPiniohjJude Jude ORear wrote a separate opinion concurred in by Judge I t Burnam In addition to the opin y ion of the majority reversing the r decision Judge Barker also wrote u dissenting opinion y Y This is the third time the case iif has been reversed two former t convictions having been for life imprisonmentThe The main opinion rendered bj r Judge Barker reverses the case on these grounds First The court refused to I give the defendant timeinwhich sh discover and file additional s tapflfe grounds for a new trial r Second Because the sentence was pronounced on the same day the verdict was rendered v ThirdBecause of the remarks Kof an attorney representing the f Commonwealth CommonwealthThe L The point of error was made y r by Attorney Campbell in argu t t ment when he said Howard was not hung but eleven of the a twelve jurors who tried him were A in favor of hanging him and one was for life imprisonment and the eleven had to come to one r E U We are of opinion the court a < says that under all the circum circumstances - stances circumstances of this case the court er erred - 3 red erred in not sustaining the motion v in regard to this statement of r counsel That is to exclude it from the jury x There has not and could not have been legally any evidence pfff in the case warranting the ob obnoxious - > 4 noxious obnoxious statement it was a gra gratuitous - c tuitous gratuitous declaration without law lawful - ful lawful foundation in substance and t effect conveying incompetent evi ° dence to the jury b No statement which counsel j could have made more cer > thinly fraught with danger to fe the accused or which was more l ff likely to arouse passion or prej jv udce in the minds of the jurors rr than that under consideration J < iuOll the same day upon which Jr the verdict was rendered the ap y pollant was required over his l protest to file his motion and r 4f grounds for new trial they were s 4 required to be immedately ar argued - i gued argued by counsel and were it once overruled by the court The lawyers were wearied by fef their prolonged labors and that ED a few days time would enable uT them to produce additional fl grounds which they did not then 111 possess in support of the motion V The accused especially insisted jfcjbliat the court should not pro Ijnounce judgment upon him in HjMirsuanco of the verdict of the ijry until afir the expiration VT

of resorting to five years of ille illegal - gal illegal trials to convict a guilt man uIf I am guilty of Goebels murder why dont they convict me without packing and fixing the juries They surely dont need a packed and fixed jury in order to convict a guilty man The conduct of the prosecu prosecution - tion prosecution alone ought to convince the public that I am innocent Why spend 100000 of the peoples i money and tax them to death in an effort to convict a guilty man If I am guilty as main maintained - tained maintained by the prosecution why the need to spend all this money in an effort tocstablish my guilt The fact is that I am not guilty and it takes all this money for the prosecution even to put for forward - ward forward a sham pretense of my guilt uNo such methods as those resorted to by the prosecution in my case have been resorted to in trying other men accused of crime Why should I be singled out and a different procedure adopted in the trial of my case U Anderson has confessed his perjury Weaver has been in indicted - dicted indicted for his Noakes made a confession of his Culton has re recently - cently recently forged a number of wit witness - ness witness claims and run away Oth Others - ers Others are known Why should all this perjury be resorted to in an effort to convict a guilty man uIf Golden and Culton and Noakes and Cecil Co are guil guilty - ty guilty of complicity in the Goebel murder why should they all be given their liberty in exchange for testimony on which to take my life Why not try and con convict - vict convict them as well as me instead of giving them immunity pro provided - vided provided they will tell such a story on the witness stand as satisfies the Commonwealth CommonwealthEveryone Everyone knows who is at all familiar with the facts of this case that it had its conception in political turmoil and excite excitement - ment excitement and that my trials have all been political ones No one knows this better than the prosecution and still it main maintains - tains maintains that there is no politics in the case If there is no politics in the I case as is maintained by the I prosecution itought not to make any difference to it if all the jurors in my next trial are Re Republicans - publicans Republicans If there is politics in the case as is known to the defense then I ought to be given some sort of show by letting the jury be divided equally politi politically - cally politically There is a great awakening among the good Democrats of the State They do not indorse the methods resorted to in my conviction Many have told me so Many believe in my entire innoncence They have begun to demand in their own hearts and many of them are opon in the expression that I ought to

have a trial free from perjury and packed juries uThe great mass of Democratic 1 voters in this State are honest and when they come to fully real ir the awful wrongs done mef s unTIer the forms of law they will 1 > drag from the high places those who have found their way to them by reason of their perse persecutions - cutions persecutions of me i I have faith in the great heart fir of the great common people 4 Look at Massachusetts giving Roosevelt 80000 majority ands electing a Democratic Governor Look at Minnesota giving Roose Roosevelt - velt Roosevelt 100000 majority and elect rt inga Democratic Governor Look at Missouri going for Roosevelt ttat 25000 and electing Folk the Democratic candidate for Gov ernor by nearly 60000 majority fif The people right things when r they take a notion to do it They will right the wrongs done y me by and by All that I have ever asked and all that I now r ask is a fair and impartial trial i Its impossible to win any A li case when the jury la packed forll L conviction When the people de > lmt maud regardless of politicstliay I be given a fair trral I will get r it Not before > nj Is it asking too much of themyV Democrats and Republicans alike i > 2 to demand it NOTICE Sale of Franchise for A Water WaterWorks - Works WaterWorks System for the Cityt of Barbourville Ky < 4i BV order of Board of Coutvil of the city of Barbourvillc Ky 1 will on Tuesday Decembsr 20 1904 of tfifer fer for sale to the highest and best bidder a franchise for the mstalln t tion oporation inaintainnnce in Barbourville Kyof a system of > waterworks under such restriction I as may be imposed by the Hnnnl Ot Council in ordinance of Franchise The Council reserves the right to Y1tf reject any and nil bids l TIIOS D TINSLUY t TmxsLuvClerk 4 JC1ThIs This December 7 1904 r CIRCUIT COUR f4r Sj Last Monday morning the De 1 f cember term of the Knox t Circuit ft Court convened with Hun H O Faulkner Circuit Judgo on the t IJ bench and in the absence of < Commonwealths Attorney JD Tuggle being present acted in the capacity of attorney for the jl 4The The grand jury was called and and made up as folllw8c F C Dizncy foreman F F 4Mays Mays Alex Jones Peter Beard Win Mayhew Warn RandallI Thomas Diney J T llenson and James Tinnley Continued on page four w

t r MOUNTAIN ADVOCATE 4e n V t Entered sSecondClal8 fatter Friday February t9tbtgU at the pOlltomco at Darbourv1l1o Knox County Klunder Ad of CongreslI of March 8rdl8N i MOTTO LIVE FOB OOK FKIESDB Do THE OIIEATMT AMOUNT or GOOD WK OAK TO TUB LAHOUT NUMBER or PEOPLE I I 1 > Terms 1 Per Year In Advance BAKBOURVILLE KENTUCKY FRIDAY DECEMBER 9 1904 First Year Vol i No 43 CALEB POWERS GETS ANOTHER TRIAL i j Jhe Court of Appeals Has Again Said that A Fair Trial was M > Y af 1 Denied The Prisoner j t e IFk I The I Sentence of Death was Set Aside and Another Trial Ordered < 1 1 for Almost Five Years Mr Powers Has Been Confined Behind Prison Bars and on Three Different aces 4 J k t sions Has been Tried For His Life Iii Every Instance From the Beginning to the Present Time the Triol Court Has Failed to Give the Prisoner fl Fair Trial and A New Trial Results

of the time provided by the code These motions were over overruled - ruled overruled and judgment pronounced upon the same day the verdict was rendered I Unless we are to hold that section 288 of the code was en enacted - acted enacted for no useful purpose it enI contains a most solemn and vital right of the accused its mean jug is upon the surface it re requires - quires requires no reflection to under understand - I stand understand it was enacted for the ex express - press express purpose of giving the ac accused - cused accused time in which to show cause against the sentence about

thtI It necessarily follows then that five years of my life have been illegally and wrongfully taken away from me How much bet better - ter better would it have been if I could have died five years ago and been spared all the pains humilia humiliations - tions humiliations trials and tortures to which I I have been subjected So you see the prosecution has done more than take five years of my life If I am guilty why does not the prosecution give me a fair trial Is the pros s uuution reduced to the necessity

to show ground for new trial The old questions are referred to incidentally only Judge Paynters dissenting opinion discusses at length the three grounds set out for rever reversal - sal reversal He holds that it does not appear in the bill of exceptions in what connection Attorney Campbells statement as to How ards guilt was used He holds that the provision of the code which says that Sentence shall not be passed within two days of adjournment unless court was about to adjourn was not vio

hearing in which it was held that there was not a Federal question involved Judge 0 Rears opinion states in fullU I concur in the major majority - ity majority opinion of the court delivered by Judge Barker I also concur in the conclusion reached bv Judge Barker in his separate opinion filed that appellant in his trial has not had an equal protection of the law To a reporter Mr Powers said The Court of Appeals has three times said that I have been given unfair and illegal trials