The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-09-30
Judge Cantrill Confirms the Verdict
of Guilty for the Murder OF
Senator William GoebeI.
MOTION FOR RETRIAL DENIED
PRISONER is UNMOyED WHEN THE
JUDGE PRONOUNCEs HIS FATE.
Papers Will Be Presented for an APP
penI-Amdavits Against the Jur-
Ors Are to No Purpose.

FRANKFORT, Ky, Sept. 29.-The motion
for a new trial IN the case of James How
ara was overruied BY Judge Cantrill this
afternoon and Howard was sentenced to
hang Dec z. 1t was agreed that the attor-
neys should be allowed to file their bill
of exceptions in the appeal to the Court of
Appeals any time between now and the
third week in October. Howard did not
weaken or appear agitated when the
solemn sentence of the court consigning
him to the gallows was pronounced upon
him. but in answer to the usual question
of the court, IL he could show cause why
sentence should not be pronounced, he
said in a firm, clear voice:
'.I am innocent" He stood erect facing
the court and listening intently to every
wor uttered by the judge, who was visibly
affected by the solemnity of the occasion.
and spoke in voice choked with emotion.
In overruling Howard's motion for new
trial which was done only a few moments be-
fore sentence was pronounced, the court said
he did not consider any OF the matters set
up in the affidavits filed by the defense as
sufficient to cause new trial. The af-
fidavits of the defense attacking the quail
flcations Of several of the jurors had been
fully Offset by counter affidavits filed by
the prosecution. But as to the admission
OF one bit of testimony the court was in
great doubt as to whether the defendants
rights had not been prejudiced. though the
ruling admitting it was in accordance with
decisions Of the Court OF Appeals
The testimony in question was as to a
conversation between Henry Youtsey and
w. II. Culton, alleged coconspirators. and
the court said: while the Court of APP
peals has held that this sort of testimony
may not be admitted as evidence, L have
ruling and. left unhampered by that deci-
sion, should not have allowed that part of
the testimony to have gone to the jury.
But the Court of Appeals is the highest
judicial body in the State, and there is
nothing left for this court except to follow
the lines laid down by it,
The other matters raised by the affidavits
filed were, with one exception, in relation
to alleged remarks mad. by jurors prior to
the trial. showing hostility to the defend
ant The exception referred to was the af-
fidavit of 3. L. Guffy, who swore to al
legged new evidence in Howard's behalf.
The court said the standing of these af-
fdavits was discredited by the fact that
all of the persons making them had been
in the courtroom almost every day of the
trial and on intimate terms with the at
torneys and friends of the defendant; that
the charges made in them, if presented to
the court and proved, would have been
cause for discharging the jury; yet they
were never made until the jury returned its
verdict.
Howard was then brought into the court
room by Jailer Lawrence He surveyed
the crowded room as he passed from the
door over to where his chief counsel, Rep
resentative W. c. Owens, was seated. and
by whom he took chair. The court ex-
amined a calendar a moment and then
turning to the defendant. said:
James Howard. please stand up" How
ard arose with his arms half folded and
listened intently as the court said:
Eat the April term OF the Franklin, coun-
ty grand jury you were indicted, charged
with the willful murder of William Goebel.
You have sbeen represented by able coun-
SET. but in spite of this you have been
found guilty. Have you any reason to Of
fer now why the court should not pro-
nounce sentence upon your"
After a pause. Howard, who had stood
motionless. replied: 'I am innocent"
THAT is a matter" continued judge
Cantrfll. that was with the jury. and over
which the court had no control. I there
fore order that you be taken back to the
jail and there safely confined until Dec.
Z. when you will be taken by the sheriff
CONTINUED ON FIFTH PAGE)