A White Man the Victim
March 10, 1906
Summary
A white man’s death sentence creates controversy and two Supreme Court court cases due to “complicity in the murder of Governor Goebel, of Kentucky.”
Transcription
A White Man the Victim
US Supreme Court and the Caleb Power Case
Remands the Prisoner to the Custody of Kentucky Authorities
An echo from the Jamison Case- Mr. Justice Harlan tells powers counsel what to do- may come back to washington the condemned man may not die on the gallows.
The United States Supreme court March 12th, 1906, decided against Caleb Powers, who has been under sentence of death three dimes on the charge of complicity in the murder of Governor Goebel, of Kentucky.
Justice Harlan held that the case was not removable to the Federal Court, and must be remanded to the Kentucky State courts.
The opinion was based on the ground that the equal rights statute, section 641, Revised Statutes, does not apply unless recognized by State laws or State constitution. Justice Harlan said that the Supreme Court of the United States could take cognizance of the case on a writ of error. The opinion was unanimous.
There are two cases: The Commonwealth of Kentucky vs. Caleb Powers, an original action, and the Commonwealth of Kentucky vs. the Caleb Powers, on an appeal from the Circuit Court of the United States for the eastern district of Kentucky. These are the cases in which the State of Kentucky has sought to secure the conviction of Caleb Powers on the charge of complexity in the murder of William Goebel, while Powers was occupying the office of secretary of state.
Was Tried Three Times:
He has been tried three times by the Circuit Court of Scott Country and each time found guilty, once receiving a sentence of death, and twice to life imprisonment, but the Kentucky Court of Appeals interfered in each instance to prevent the execution of the verdict. Last May the case was presented to Judge Cochran, sitting in the United States Circuit Court for the eastern district of Kentucky, and he granted a writ of habeas corpus, ordering removal from the State courts to his court.
The proceedings in the Supreme Court of the United States, which terminated today were instituted by the State of Kentucky for the purpose of securing the restoration of the case to the State Courts. Hence practically the only question involved was that of jurisdiction. Two modes of procedure were resorted to. One of these was an appeal from the order of Judge Cochran granting removal to his court, and the other a petition for a writ of mandamus directing Judge COchran to remand the case to the State courts and restore Powers to the custody of the sheriff of Scott County.
The removal of the case from the State to the Federal Court was secured on the ground that Powers had been so discriminated against in the State courts as to deny him the equal protection of the law as defined by section 641 of the Revised Statutes. In support of this contention it was represented that in summoning the juries in the trial court, preference was given to Goebel Democrats over Republicans and Independent Democrats….
US Supreme Court and the Caleb Power Case
Remands the Prisoner to the Custody of Kentucky Authorities
An echo from the Jamison Case- Mr. Justice Harlan tells powers counsel what to do- may come back to washington the condemned man may not die on the gallows.
The United States Supreme court March 12th, 1906, decided against Caleb Powers, who has been under sentence of death three dimes on the charge of complicity in the murder of Governor Goebel, of Kentucky.
Justice Harlan held that the case was not removable to the Federal Court, and must be remanded to the Kentucky State courts.
The opinion was based on the ground that the equal rights statute, section 641, Revised Statutes, does not apply unless recognized by State laws or State constitution. Justice Harlan said that the Supreme Court of the United States could take cognizance of the case on a writ of error. The opinion was unanimous.
There are two cases: The Commonwealth of Kentucky vs. Caleb Powers, an original action, and the Commonwealth of Kentucky vs. the Caleb Powers, on an appeal from the Circuit Court of the United States for the eastern district of Kentucky. These are the cases in which the State of Kentucky has sought to secure the conviction of Caleb Powers on the charge of complexity in the murder of William Goebel, while Powers was occupying the office of secretary of state.
Was Tried Three Times:
He has been tried three times by the Circuit Court of Scott Country and each time found guilty, once receiving a sentence of death, and twice to life imprisonment, but the Kentucky Court of Appeals interfered in each instance to prevent the execution of the verdict. Last May the case was presented to Judge Cochran, sitting in the United States Circuit Court for the eastern district of Kentucky, and he granted a writ of habeas corpus, ordering removal from the State courts to his court.
The proceedings in the Supreme Court of the United States, which terminated today were instituted by the State of Kentucky for the purpose of securing the restoration of the case to the State Courts. Hence practically the only question involved was that of jurisdiction. Two modes of procedure were resorted to. One of these was an appeal from the order of Judge Cochran granting removal to his court, and the other a petition for a writ of mandamus directing Judge COchran to remand the case to the State courts and restore Powers to the custody of the sheriff of Scott County.
The removal of the case from the State to the Federal Court was secured on the ground that Powers had been so discriminated against in the State courts as to deny him the equal protection of the law as defined by section 641 of the Revised Statutes. In support of this contention it was represented that in summoning the juries in the trial court, preference was given to Goebel Democrats over Republicans and Independent Democrats….
About this article
Source
Location on Page
Upper Right Quadrant
Topic
Contributed By
Emma Roberts
Citation
“A White Man the Victim,” Black Virginia: The Richmond Planet, 1894-1909, accessed May 12, 2025, https://blackvirginia.richmond.edu/items/show/397.