The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1900-10-03
HOW ARD SENTENCED
TO BE- HANGED DEC 7
For the Murder of Gov Goe-
bel of Kentucky.

Frankfort, KY. Sept 20 The
motion for a new trial in the case ol
james Howard was overruled by Judg ge
Cantrill today and Howard was sen
tenced to hang Dec 1. It was agreed
that the attorneys should be allowed to
file their bill of exceptions in the appeal
to the court of appeals any time between
now aud the third week in October.
Howard did not weaken or appear
agitated when the solemn sentence oi
the court onsigning hin to the gsllows
was pronounced upon bin, bat 10
answer to the usual questions of the
court if he could show cause why sen
teoce should not be pronounced, be
said in a firm, clear voice II am, in'
nocent.'
He stood erect, facing the court and
listening iotently to every word uttered
by the judge. who gas visib!y affected
by the solemnity Of the occasion aud
spoke in voice choked with emotion
In overriding Howard's motion for a
new trial which occurred only few
moments before sentence vas pronounc-
ed the court said be did not consider
any Of the matters set up in the
defense as sufficient to cause new
trial. TIE afidavits Of the defense at
sackiog the qualifications of several OF
the Jurors bad been fully Offset by
counter afidagi.s Sled by the proseou-
ton But as to the admission OF one
piece of testimony the court vas 10
great doubt as to whether the defend
ants right bad not been prejudiced,
although the ruling admitting it was 10
accordance with decisions of the coart
of appeals.
The testimony 10 question was as to
q conversation between Henry You,sey
aud W. b. Culton, alleged 90 couspira
tors. aod the court said
while the court of appeals has
held that this sort Of testimony may be
admitted as evidence. l have grave
doubts as to the correctness of tbas
ruling, and If left unhampered by that
decision [ should not have allowed that
part of the testimony to have gooe to
the jury. But the court Of appeal is
the highest judicial body in the State
aud there is nothing left for .his court
except to follow the lines laid down by
it,"
The other matters raised by the afi
davits filed we're With one exception
relative to alleged remarks made by
jurors prior to the trial, showing hos
tility to the defendant The exception
referred to was the affidavit of B T..
Guffey, who swore TO alleged pew evi
deoce in Howard's behalf The co7rs
said that the standing Of these sfdavits
vas discredited by the fact that all
Of the persons making them had been
10 she court room almost every day OF
the trial aud 90 ictimate terms with the
defendant that be charges made 10
them if presented to the court and
proven would have been cause fo7 dis
chargiog the jury, yet they we're never
made uot!l tbs jury had returned its
7erdict.
Howard YES then brought into the
ceur, room by Jailer Lawrence and vas
seated pext to his chief counsel, ex-
Congressman W. c. Owens The
court turning to the defeo daot, said
"James Harvard. please stand up
Howard arose and listened iotently
as the court said
cat the April term Of the Franklin
county grand jury you we're indicted
charged with the willful murder of Wu
Goebel You have been represented
by able counsel, but in spite of this
you have been found guilty. Have you
any reason to offer Why the court should
not now pronounce sentence upon
you 2"
After pause. Howard who had
stood motiouless, replied Il am 10 CO.
cent"
That is a matter" !" cou.icucd Judge
Caotrill. THAT was With the jury and
over which the court had 90 control
therefore order that you be taken back
to the Jail aud there safely confined
uoti Dec I, when you will be taken by
the sheriff and hanged by tue neck uctl'
dead. and may God have mercy 90 your
soul !"
The cour. thea suspended the
sentence 70. so days to give time tor tie
appeal which will be taken to the court
of appeals.
After this Howard was renacded tc
bis steel cage 10 the jail.
TI1lN TDrAT on VnYITCEV