xt77wm13ng0p_22 https://exploreuk.uky.edu/dips/xt77wm13ng0p/data/mets.xml https://exploreuk.uky.edu/dips/xt77wm13ng0p/data/51w15.dao.xml unknown 6 Cubic Feet 9 boxes, 1 item archival material 51w15 English University of Kentucky The physical rights to the materials in this collection are held by the University of Kentucky Special Collections Research Center. Contact the Special Collections Research Center for information regarding rights and use of this collection. Caleb Powers papers Assassination -- Politics and government -- Kentucky. Conspiracy -- Kentucky. Affidavits Statesmen. Lawyers -- Kentucky. Caleb Powers Speech, August 27-28, 1903 text Caleb Powers Speech, August 27-28, 1903 2017 https://exploreuk.uky.edu/dips/xt77wm13ng0p/data/51w15/Box_2/Folder_9/12176.pdf section false xt77wm13ng0p_22 xt77wm13ng0p -
’1
1‘ .
1‘ . '
‘1 CONTENTS
1 #_ ,
Introduction by L. F. Sinclair, one of prisoner’s local
attorneys.....,,......... 1
i '.‘ Introductory remarks of prisoner, including a discussion
ofthelawofthecase...............-----....-.-- 5 .
Position of bothsides outlined........................ 17
7' Was there a conspiracy between the prisoner and any of
3 the alleged accessories before the fact, to the murder
.,. ofWilliamGoebel........................--...... 19
I" Did the prisoner aid, counsel or advise either of the four
. a} named principals—Holland Whitaker, Dick Combs,
‘ -‘ Jim Howard or Berry Howard—to murder Mr. Goebel 273'
f Did prisoner aid, counsel or advlse the other alleged prin-
‘ , cipal. Henry E. Youtsey. to murder Mr. Goebel . . . . . . 331
2‘ Did the use of the militia form a part of the alleged con-
. ‘f It: spiracy 835
' i What did the mountain crowd have to do with the killing
' l“ oer.Goebel,ifanything...........-..........’... 95
1 The pardons of Governor Taylor discussed. . . . . . . . . . - . . - . 115
I ' E Toomanystarwitnessess..........................,,, 123
Toomany detectives in the case...--- -- 125
:‘ Conclusion...........................---....-....... 139
' Copies of this book may be secured by addressing -
. K. F. BRADLEY, Georgetown, Ky.
.,, 3 _ ,

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i 55 . .
5‘5 _ Speech in His Own Behalf, Before the Jury That Sentenced Him to
5525 Death on the Charge of Being an Accessory Before the 5
55;;55 5 Fact to the Murder of William Goebel.
9 ~
5 By Llewellyn F. Sinclair of Counsel for Caleb Powers. .
.55.,
..5 -____ __W W 5
55 ‘ \
. 5 The reading public, not only of Kentucky, but of the nation, is »
‘ familiar with the tragic murder of William Goebel in the State house
5 yard at Frankfort on January 30th, 1900, and the promiscuous indict-
5 ment of persons-of high and low degree, as principles and accessories ‘
,3 5 ﬂ before the fact in the commission of this crime. The reading public .
5 of the State and nation is also familiar with the long drawn out legal
5 battle, and the frequent trials of numerous persons accused of having
5 had some sort of connection with the murder of William Goebel. The
5 bitterness, hate and passion growing out of this horrid crime, the
5‘ . 5 partisan politics necessarily involved in the testimony presented on ‘-
1 53‘ the trial of the parties accused, inevitably tends to transform the
.3 « court-room into a forum for the exploitationof all the angry feeling
3 5 aroused during the memorable campaign preceeding the assassination 5
of Mr. Goebel. Men, and women too, for that matter, who desire to be
5 reasonable can understand how unfortunate for the accused these facts - 5;
l must be. The calm thoughtful people of Kentucky and the nation,
5 can understand what an unequal ﬁght these accused persons have
, i been compelled to face. To recapitulate let us Outline brieﬂy the
5 l conditions surrounding these trials. ’
;x The parties accused, to commence with, are charged with killing 5 '
if“; the Democratic leader of the State, the motive alleged being one of '
'.L 5 #55, politics, the accused parties being Republicans of a more or less de
5“»; gree of prominence in the public affairs of Kentucky. The parties are - 5
5 ,5; 5 indicted, in a court presided over by a Democratic judge, the officers ,
. 5.5" being Democrats, they are tried before a Demccratic court, with Demo- ‘
" 5 cratic ofﬁcers, and before Democratic juries. This is not said in a ‘- 5
0 5 3a spirit of criticism or censure, but in all candor we submit to any 5
_ . , reasonable person whether these facts are calculated to prejudice the ~
5” ,5 trial of the accused. That these things may be perfe‘ctlyu‘nderstood 5 , 5
, 51 ' we desire to submit a further obsérvatibn. - There are Republicans,
, u a. qualiﬁed for jury service, available in these‘ trials, of equal standing _5 '
. I - f-
555 1.3% ‘ 5 55 ' ' 5. 5 .5 5' .5 5 5_ ’ 55 5 5‘5 5 55" 5., 5,:5;

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‘ with their Democratic neighbors. This cannot be gainsaid. Suppose ' J.’
’ a. jury was selected made up of six Republicans in politics—men that “f 3 3;,
are competent and qualiﬁed for jury service, possessing character and , "‘
. standing as citizens equal to that of any citizen in the State of Ken-
tucky for that matter, and then there were six other jurors of equal
standing of the Democratic persuasion, does any one doubt that a ,J
jury so composed would never agree upon a verdict? If this conjecture 3
be correct, a further question naturally arises and it is this: If a j
,- verdict of conviction could not be obtained before a jury of mixed :
politics is a. verdict rendered by a jury composed of Democrats 3
very- conclusive the guilt of the accused? If as the gentlemen r
contend on the side of the prosecution, the evidence of the ’iJJ
' guilt of these persons- is so conclusive, for the purpose of silencing the \
contention of the defense and the defendants themselves, why don’t i
they say to the trial court: “If your Honor please, the accused has 3'
"- made frequent complaint of the fact that the jurors in these cases p r i
have been composed of men who are Democrats in politics. I desire é
' to forever silence this objection of the defense, believing the evidence : lJ
'\ of the prosecution sufﬁcient to convict the defendent before any jury . f': ’3
made up of honest men, without reference to their politics, therefore, “J E J
LWill ask your Honor to instruct the sheriff to summonavenire to try 37 _
, this case from each political party, requesting that good, sober discreet , 2
_ citizens be so summoned.” Would not fairness and justice be subserved gJ ‘
' ' by such a course, and would not a verdict rendered under such cir- . f
,3 cumstances appeal to all persons with far greater weight than those I; JR
3 returned in the past. It is not an answer to say that the letter of the J
, . statute does not require such practice. It has been done by some 3
I ' of our greatest judges. Judge Gresham of the Federal Court, several , 3;
~ {73 years ago on the trial of several Democrats in Indianapolis accused ‘ l
{f of a political offense, directed the marshall to impanel a jury of mixed 3
political faith; the same thing was done by Judge Cochran of the ,
Federal bench on the trial of several Democrats, charged with election l J
J ' offenses at London, Kentucky, only a year or more ago. It does not . »
" ‘ make any difference whether the letter of the statute requires such 3
l a course‘or not, equity, justice and fairness demand it, when one k,
is accused of an offense in which there is so much of politics involved, , J ;‘
‘ and all men, wherever jurisprudence is known, throughout the world, ‘ J “““» \t
;__J; will applaud and approve the judge that stands for such a policy.
fl," A celebrated authority has said that “The history of the human J ”:9
., race is made up mostly of their errors and misfortunes.” If this be - J, J” '
ZJ§7JJ , true “The philosophy of history” as Voltaire was want to say, deals , ‘1 ; {it
JILL. . ' with error in the abstract and concrete. And it might not be Improper 3' J! .
, .,, 4 to say that the things here set down, whatever the‘resulttmay be, ' ,J i
,C : , when the end of these ”trials shall have been reached, will in some ,‘ , »’ 3 Jr y,
”““ measure as history subserve the interest of truth and justiceinthe ,, Q; '3 i

I i
i l future. When the storms of passion and prejudice shall have subsided
“f- , tr and the clear sunlight of truth shall have penetrated the crevices of '
' ‘ falsehood; .,let us hope that the wisdom of deliberation and fairness
i. may to some degree be advanced by a perusal of the story of the un-
l happy tragedies growing out. of the murder of William Goebel. We
i say tragedies advisedly for the covert crime appalls, while to the »
I minds of many the victims of unreasoning hate causes awe. - Who '
i will say that in future years, when the zealous participants in this
: unfortunate drama shall have passed away, that this crime and those
I accused of committing it will not take their place alongside the vic- .
,1 time of that miserable coterie of perjurers who appeared immediately '
’I‘ after the mysterious death 01' Godfrey and the circulation of the story
i of the “Popish Plot." Qats, Corstair, Dangerﬁeld and others of their
‘ . ilk, repeated with apparent plausibility the murderous schemes of
‘ Roman Catholics in connection with these alleged crimes and a fren- -
r if zied public stood aghast with indignation. (See Macaulay’s England,
é . Vol. 1, page 216-221). ,
i Another parallel will be found in the alleged Georges’ conspiracy
.:‘ Ii ’..» to murder Napoleon Bonaparte, which impartial history shows to
i j have had its origin in the political exigencies of the times, from ,
j _ Napoleon’s standpoint. .(See “Bouinenne’s Napoleon, page 306-319). '
. Thl judicial murder of the Duke d’Engheim, traced directly to the
i Tuleries, would have submerged in eternal infamy the name of any
. f - one other than he who could “cross the Alps, mingle the Eagles of
l I 5“ France with the Eagles of the Craigs,” and render French valor glor-
11 ions forever on the ﬁelds of Austerlitz.
3 Coming on down to a later period, we see again an instance of ,
. I unrestrained fury directed against those persons accused of the assas-
‘ I sina-tion of President Lincoln. The world knows now to a certainty "
what it refused to believe at the time this crime was committed. Mrs.
, Surratt and other innocent persons were convicted. Arnold, O’Laugh- . -.
1? 1111- and others: were thrown into prison for life, for‘ no other rea-
- » . son than that it was shown these persons had on one occasion entered . ..
i, into an arrangement with Boothg’looking to the “kidnapping” of the " _
.I a" President. ‘ "
,I ' ;m , Then again» there is the Dreyfus trial. One will look in vain to the . i
" ““‘» 3 history of any criminal trial in all the past when the person accused . _
I I“ “ was charged with a political offense or a crime involving politics, that ,‘
n» We" the truth was not obscured and confused by the passion-s and preju- ‘ - .,
. ELI -. ' i dices of the hour. But out of all these errors and misguided zeal there '* ;I
d ; It {in will come progress; for, suffering and misfortune is' “the badge of all ‘ ..
';. . our triumphs’” , I‘
' ._, " The speech made by Caleb Powers in his own behalf before the i i,
, " I 7: jury that tried him in Georgetown, in August, 1903, should be read by g » 5,3
Q I I" every citizen willing to accord a hearing to those that are accused of ‘ I ,IT
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crime. - Those that read this calm examination of the testimony intra , ,'
, duced against him will not be impressed alone with the novelty of a W ' 1
' defendant arguing his own cause. The elimination of self which Mr. E ’ ;
Powers studiously observed throughout his argument, presenting the .
law and the facts as though he appeared in behalf of a client. having '
, E no claim upon him other than his professional services, will naturally
E suggest to the mind oflthe intelligent reader as showing a remarks
1 ble spirit of fairness on the part of this young man who has languished I
E in jail for more than three years. ' - ~ , .’E
Perhaps it. would not be amiss just here to note some of. the inci~ E
‘: dents occurring during the delivery of Mr. Powers’ speech. ~ ,
! Sometime prior to the closing of. the testimony the newspapers, ‘E
through the tireless energy of industrious correspondents, secured ,
the information that the defendent-would make a speech in his own E
, behalf. The public, generally, was deeply interested in hearing this E
E speech. Nor was this anxiety to hear Mr. Powers conﬁned alone to
I ‘ those who were his friends and believed in his innocence. Friend and E
' foe alike were eager to hear from his own lips the things he desired to
E . say in behalf of his life and liberty. - 3., E f"
E The arrangement between the attorneys for the state and the E
E defense provided for three speeches'for the *State and four for the de—
3‘ tense. Mr. Powers desired to close his- case. It happened thatthe Ear-
, gument for the State preceding Mr. Powers’ speech was completed at i
5 o’clock, the adjourning hour of court in the afternoon of August 27, Q l r}:
, which required Mr. Powers to begin at- the night session. The weather V. E
was intensely warm. Long before the convening hour the spacious
. court—room was packed to suffocation with men and women represent— , E
ing every calling in life. The matron and maid, beauty, wealth and E
,' poverty had congregated to witness a scene the like of which has '«3
, rarely occurred in the history of all the past. Mr. Powers came in i
' accompanied by the jailer and retired with his attorneys to the jury . . E
i I room. He was neatly dressed in a light suit of clothes, wearing a white 3
, if ' Alpine hat. At 7:30 o’clock p. m. gou‘rt was called to order. The ' E
; judge directed that the argument ‘proceed. Mr. Powers em'erged . “all, , '
E from the jury room, with head erect, dauntless and brave as he pushed . . I}
j ' . his way through the mighty throng and began his speehh. Composed , my.
and calm, in a low tone of voice, amid the pall and silence of that, ‘3. E
E vast audience that hung with bated breath upon his every word, the i‘ 3'}
3' .. youthful prisoner and orator proceeded with apparent unconscious— .1.; ‘
ness of the gravity of the occasion. He spoke until 9:30 o’clock, court , : m
adjourning until the following day. The interest aroused by Mr. ’ 23v 7., I
55‘" .. Powers ﬁrst appearance before the jury was increased between the E .
adjorunment at night and the convening of court the next morning. E ' :
p, Long before the hour of convening of court the succeeding day, the i _E Q,
| ' court-room was jammed with sweltering humanity, all bent upon hear- , V ‘9- E ‘ '
.,.-.... . *4 . » . > a; < > ‘ ,. ' > ' . - s

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‘3
F 3 ‘33: , 5
. ing every word the defendant should say in conclusion of the splendid
,- f‘ ' g . speech began the previous evening. Anxious humanity presented
hr“ 1 , " themselves for admission hours before the Court-room doors were
I opened. One sick lady left her bed against the advise of her physi-
' cians, saying: “I can be sick any time, I may never have an oppor?
tunity of hearing Mr. Powers again.” Many people did not leave their
seats during the noon adjournment. Some had lunch and some had
3 none. At every session of Court during the argument of Mr. Powers
.3 hundreds were turned away after the Court-room was ﬁlled to its ut-
3 most capacity. Mr. Powers resumed his argument at 9 o’clock, speak— .
3 ing until noon; beginning again at 1:30 o’clock, he concluded at 3:30
.' p. m. having spoken nearly six hours in all. That the public may have
an opportunity to read this masterly address,‘away from the scenes
3 and circumstances under which it was delivered, we give the speech
; herewith in full:
i . ___—‘_‘ ,x
3 Mr. Powers’ Speech.
~25» 3 a May it please the Court, and you also, gentlemen of the jury: I i
3 know that you must be tired listening to argument, but if my strength .’
and this intense heat will permit it, I desire to say a few words in my
own behalf and concerning whose life and whose liberty, you have -
3 . taken upon yourselves a solemn obligation to deal. In doing so, I .
Q. 3 5r" exercise one of the privileges which ‘our law-makers in their wisdom, 3
V 3 have vouchsafed to every person accused of a crime within the con-
ﬁnes of our Commonwealth. I would not, however, take advantage of f'
. 3 this provision of our law, but for the fact, that for over three long years 3
l I have been forced to lie in the jails of this State, classed as a crim- J
‘! inal, branded as a murderer and denounced an assassin. '
3 l have borne in silence, and with what fortitude I could, these grave
. 3 charges, together with two adverse verdicts, at the hands of my 1391- , ' 5
i low-countrymen. I now feel that I owe it to myself to be heard. Over 1
_ 3 three years ago, I was torn from a high omcial position to which I had 3
..»-,7, , ’ been elevated by the people of this great Commonwealth; thrown in ;
ﬂ 1‘ jail and charged with the commissionof an atrocious and cowardly, ‘ '
, 1% crime. The Legislature of our State, in the excitement of the hour, 5
'.‘ ~ and actuated by motives of hatred and revenge, appropriated $100,000 =
*1‘. f? of the peeple’s money with which to prosecute me, $25,000 of which
._ sum was set aside for the investigation of clues; in other words that ‘3 5
.. 3"? an amount was to be paid to detectives to furnish the needed proof. I: .
a" : addition to that, a large sum was offered and hung up as a tempting '
g - morsel for my conviction, right or wrong. I g
‘ f' 1 With such inducements as these, and under all circumstances, 3 .
\' 3 _. @3— and surroundings in this case, is it any wonder that Weavers ~ ,3
_9. f have wandered from the distant peaks of Colorado to get their slim-y ' ~ ."
l 1
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ssmfwriasrawman m " -. . t ., _ \. M--. _ - _. . _ -

‘ t M‘ ‘. ' TA saw i-zr' ' 5:»2W:r-- " '
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: hands into that ﬁlthy sum? Is it any wonder that perjured scoun- 3 ‘
i drels of the brand of Noaks and Anderson found their way to the wit— ,, ”is, .,
,5 ness stand during my trials, and swore to prepared and infamous ‘
;, falsehoods against me? Is it any wonder that weak and base human
1; ity of the character of Golden and Culton began to swear and con-
% tinued to swear for immunity?
3' »' Is it any wonder that the assassin hearted Cecil, after having
i wandered this weary world around, from Kentucky to Kansas, from
'3. Kansas to California, from California to Kansas and from Kansas back
,3 , to Kentucky, should ﬁnally ﬁnd his way to the home of the Prosecut-
ing Attorney in this case; there given a comfortable night’s lodging— ,
, “par noblle fratremr from there be taken before the Grand Jury the
following morning to tell such a story as would continue to him his
3 liberty under the forms of law? Is it any wonder that the weak and
i, villainous Youtsey, after having spent more than two years: in the.
L- penitentiary of this State, should emerge from that living tomb, when
4133 . 3 he sees, or thinks he sees, through his testimony a ready chariot to .
3 “‘ the green and inviting ﬁelds of freedom? We should not be surprised
, . at such happenings, they are the natural outgrowth of such conditions ,‘ ‘3
3 and inducements.
'3 Since the very day of my arrest, my conviction in this case, has
' been both a pecuniary and a political necessity. It is more so to—day
1' 4 than it has eyer been. The prosecution cannot now well afford to
‘ . admit that they have hounded to the earth for three years an innocent 3"; 9i
, , . man. _They cannot now well afford to admit that they did me wrong, w _
' when I was deprived of my oﬂice and thrown in jail. These would be
- bitter words for them to be forced to utter: “We have charged this ._
- 7 , young man with murder wrongfully; we have torn him from an oiﬂce ,
,3" of trust and honor; we have lodged him in jail; we have carried him ,
g from one bastile of this State to another, in chains and irons; we have
thrown him behind gnawing bars of prison life; we have forced him to ‘
i stay in the same steel cages with" worthless negroes and to have them 3 ' ’ -
" for his daily Companions; we have inﬂamed the public mind against him
3 through a servile press, with hideous stories of an awful conspiracy _ {4:731 3
, 3 in which we believed him to be implicated. We have tried him in T} ?:A
3 our courts by his enemies, politically, and we have convicted him, but I «M’
3, in all that we have been mistaken, in all that we have done wrong.” It 9.3,,“ ', "
. , is true that the prosecution is in the confession. business but they are i , , 3;,
. > , ' not going to make such a confession as that; nor, will they permit you - '
:3 to bring in a verdict of “not guilty” in this case, if it is within their 3‘ ‘“ '
‘ power to prevent it. 9., ’3“
,1: _ We have heard a great deal said during the progress of this case, __ 1
if... and especially by Col. Hendricks, about the prosecution having no in-
$3,, . terest in the conviction of an innocent man. He said that the Com- ' I “
1, monwealth could have no sort of interest in my prosecution unless I 9’" *4. "3‘
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t-f'i) ‘ , - ' . I ,1 3-‘. ‘

me :-~ ,5, .7
‘ was guilty of that with which I am charged. And for the purpose of
”i3, , adding plausibility to their argument, they have said that Arthur ,
l Goebel would not, for his right arm, lend aid or encouragement to the
prosecution in this case unless he knew beyond all doubt, founded up—
on reason, that I am guilty of that with which I am charged; and Mr. ,._
Franklin has said upon former trials of this case, and I presume he
will say upon this one, that he is a sworn oﬂicer_ot the law, gentle-
men of the jury, that no ﬁlthy lucre of any kind lingers in his pocket
to swerve him from his duty one way or the‘other, that he is doing ' .
his duty to his country, his conscience, and to his God. I say, men.
: we should not be surprised at such pleas and speeches on the part of
the prosecution. This is not the ﬁrst time in the history of these
cases that the life of an innocent man has been asked by these gen— \
tlemen.
In the trial of poor old Berry Howard, over at Frankfort, Mr. ,
Franklin called him a. monstrous, murderous, frozen-hearted- assassin, '
- and asked that his life go out upon the scaffold. Mr. Franklin was ‘
doing that in his alleged ofﬁcial duty, and he is prosecuting me now in
‘ '3‘ his alleged ofﬁcial capacity. Mr. Franklin was mistaken about the --
guilt of poor old Berry Howard because the jury said in that case:
“We the jury agree and ﬁnd the defendent not guilty.” Mr. ,Arthur ‘
Goebel was present upon that occasion and was lending aid and en-
couragement to the prosecution. He, no doubt, believed Berry Howard .
.,f 9? was guilty of the murder of his brother. There is no doubt he believed -
w _ it. He was relying upon the word of this weasel-eyed wretch Henry »
E. Youtsey. Youtsey had told him on the very day of his arrest that
._ hehad let Howard into the private oﬂice of the Secretary of State , '
, with Dick Combs, Jim Howard and others. Mr. Goebel believed Henry _ z
. E. Youtsey and upon that belief in Youtsey’s story he had an innocent : .
man dragged from the mountains of Kentucky and put upon trial for -
‘ his life. , '
And in the trial of Capt. Garnet D.-Ripley, the papers had it that I,
Mr. Franklin made, one of the most powerful efforts of his life, that he ' L,
, irr'f; _ spoke for four long hours and asked the jury to take the!young man’s ,
:1 " :ij life from him. , . J
\1. NW“ Mr. Arthur Goebel was present aiding in that prosecution. In , L,“
i the belief of the guilt of Capt. Ripley Mr Franklin was mistaken and ‘
‘ ' """ 'Mr. Arthur Goebel was mistaken because the jury in the case of Capt. ,
i. . Garnet D. Ripley- said: “We, the jury, agree and ﬁnd the defendent not ' ,
1;, , a): guilty.” And they sent him to his home. So this is not the ﬁrst time, , ._ I:
_ men, in the history of these cases that the prosecution has been mis-
,5 taken and Mr. Goebel has been mistaken in his pursuit of a man he . ‘
‘ believed to be implicated in the murder of his brother. The truth is, «K I"
,9 ‘2» “1“ men, that the prosecution in this case is most crazed for a verdict of , '5 if,
" ‘ , . -. . _el-s"
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, guilty. They feel that a verdict of acquittal at your hands would ,
1 break the backbone of their alleged conspiracy, and for this to be done is. i V
at this particular time, with Taylor and Finley, yet at large and yet to f
be tried, and with the coming State campaign on hand, would be a :

e, serious blow to the hopes and the purposes of the prosecution. They I
keenly appreciate the necessity for a conviction, and in order to ac 5 _
complish it, men, they have stopped at hardly anything in this case, '
but upon the contrary they have stooped to a great many things. They

l' I have attacked my integrity in the open; they have trampled under foot
' ’ my liberty; they have tried to grind my honor into atoms, and they
, have even gone to the extent of attacking the integrity of you gentle— l
» men in the back and by stealth, and at the same time professing '
friendship.
I, Leaving out of view that fact that it is always unpleasant to sit in
. ‘ judgment upon sacred rights of one of your fellow men, your
; position in1 this case from another view—point is by no means an en-
: viable one. Truth to speak, men, they are relying more upon your
political afﬁliations for a verdict of guilty than they are upon the
iaw and the testimony, and the oath you have taken to give me a fair (1;. ‘3‘
‘ trial. I think I can make that clear to you. ,
I The county of. Bourbon, in 1896, gave McKinley a majority of over
9 four hundred votes, and in the campaign of. 1899 it gave Taylor a
‘ _; » majority. Taking the McKinley vote as a basis, had there been no '2
, distinction made on account of politics, there ought to have been a?
serving on this jury about seven Republicans and ﬁve Democrats. V . ‘
- _I And yet‘ in the face of this fact, and divers others like unto it, the
', ~ prosecution maintains that politics has nothing to do with the trial of '
2‘3; this case. Mr. Campbell and Mr. Hendricks have gone to the extent ‘ 1
' I? of saying that whatever politics have been injected into this case, .
" havebeen injected into it by the defendent. Injected, into it by the "
'2. defendant! What interest, pray tell me, has the defendant in injecting "
. politics into this case? If there is one thing more than another in _.
. which the defense is interested in, it is, in keeping politics out of ’ i
" this case. If there is one thing more than another in which the defense r” I :
‘ is interested in, it is, that this case be tried in the spirit of truth and in- f I 2' a
- quiry and not in thespiri't of political hatred and revenge. What could it .. .
proﬁt the defense, pray tell me, to draw the bow across the strings of ; M»
1 political passion when eleven of those strings are Democratic strings Z:9; “1.52
and, possibly one, a Republican string? Politics has been injected into .-
. this case, men, not by the defendant; but by the prosecution, and I j -
t , ' think I can make that clear to you gentlemen. 33L ; '3‘
_ The statutes of our State provide that it is the duty of the jury , .
3 commissioners to placewwithin +he jury wheel the names of sensible, :
sober, discreet house-keepers of the county, over twenty-one years
. of age, and residents in different portions of it. These are the qualiﬁ~ xs' ,1 7G
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’ cations and the only qualiﬁcations that; jurors are required to possess;
. , ‘ and when the sheriff is sent out over the country to select mento do
h l V jury service in this, or any other case, these are the qualiﬁcations
5 and the only qualiﬁcations that the jurors are required to possess.
; And when sheriffs are sent out, as in this case, to select men to do
' jury service, these are the qualiﬁcations and the only qualiﬁcations
: ‘ that the jurors are required to possess. There is no provision in our
law which says that Democrats only shall do jury service. There is
no provision in our law which says that Republicans shall not do
jury service. The laws of our country do not take into consideration
, the politics of the juror. That being true, men, there must be some.
3 reason why there are eleven Democrats doing jury service in this case
and possibly one Republican. There must be some reason why there
was not a single Republican on the jury that tried me the last time-
I had a. trial, although one-half of that jury came from the good county
of Bourbon. There must be some reason why there was not a single '
Republican on either one of the juries that tried Jim Howard; not a» .
one on the jury that tried Berry Howard; not a one on the jury that: ,
'~-_ g. ‘ tried Capt. Ripley; not a. one on the jury that tried Youtsey.
It will not do to say that Democrats always happen to be selected
to do jury service in these cases. It has happened thus in too many- / °
cases and too often. It will not do to say that the jury commissioners .
, always “happen” to place the jury wheel the names of Democrats and I ‘ '
‘ never happen to place within the jury wheel the names of Republicans.
x} 3,5: It will not do to say that if the jury commissioners do “hapv- ‘
‘ pen” to place within the jury wheel the names ‘ of a feW' ' V
. Republicans and the names of a few Republicans “happen”
- . to be drawn from the jury wheel, or the > sheriff in his-
perambulations over the country “happens” to summon a few Republi-
' ,.~ ' cans to do jury service that prosecution almost invariably “hap- ' .
. pens to reject those particular Republicans from jury service. It will
not do to say that out of 176 men summoned in this case, at this trial,
, } from a county that gave McKinley over 400 majorityin 1896, that 172 .
j. of these men thus summoned “happened” to be regular Democrats and .
If“; .-’ F: but four happened to be Republicans, and none “happened”
ff. f. to be Independent Democrats. It won’t do to say that} Mr. ~
;“w Franklin “happened” to exhaust one of his peremptory challenges in
.3". ‘f a“ this case, upon one Charles W. Penn, a Republican, when this jury
'_ *" box was ﬁrst ﬁlled, and when. there were eleven Democrats-subject to
: peremptory challenge. Have you ever asked yourselves the question '
pi» 1 3:, since this trial began: “What is it that peculiarly ﬁts me for jury ! .
‘ service that unﬁts my Republican neighbor?” “What are the qualiﬁca-
‘ 7 tions that I possess that makes me a. competent juror in the eyes 01' ‘
,I the prosecution that my Republican neighbor does not possess, and -
.5. g makes him incompetent?” These are serious questions, gentlemen, ' g?
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What is it that a. man must possess to make him a, competent juror in "‘ '
this case or in these cases that is neither prescribed by the laws nor l, i ,

’ the statutes of our country? The Republicans possess all the statu- m ' ’”’
tory qualiﬁcations. In the eyes of the law they would be competent E ;
jurymen. Then what is it that a. man must possess to
make a. competent juror in this case that is- neither pm- ,
scribed by the laws or statutes of our States? What can ,

. it be? Have you ever asked: yourselves the question, Mr. , f
Ingalls, what can it be? I will tell you. You must in the ' ,
past have voted the straight Democratic ticket. And wh " must you in ‘ ‘

' the past have voted the straight Democratic ticket l-e'ore you we i
permitted by the prosecution to serve as a. juror in 15 case? The
reason is, that they expect you to vote the straight Democratic ticket . l
in the rendition of your verdict. Be not deceived about it in other
words", to say least of it, they expect your political afﬁliations *0 help
you render that verdict.