The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1900-10-01
Judge CantreII Fixes Deem
Der 9TH as the Day of
Execution
HOWARD WAS COMPOSED
When Called Upon for an Answer
to a Stereotyped Question the
Defendant Only Declared
He Was limo
cent.

FRANKFORT, Ky, september Zo.-JameS
b. Howard, who has been on trial for
the past ten days. charged with being
principal In the assassination of William
Goebel, was found guilty by the jury
today, which fixed his punishment at
death.
The fact that the Jury had deliberated
all of yesterday afternoon without reach
Ing a verdict led to tho belief that IL was
hopelessly divided, and this fact made
the verdict shock to Howard and those
who hoped for his acquittal.
Howard did not lose his composure
when the verdict calling for the extreme
penalty of the law was read In the
crowded courtroom. lie glanced at his
attorneys, who sat beside him, and
smiled, but said nothing.
Cries as He Writes His Wife.
After the jury had been discharged
Howard was taken back to the jail and
here for the first time he betrayed emo
ton. He called for n pen and paper ana
wrote a long letter to his wife, during
which tears coursed down his checks. He
was joined later by his attorneys. who
spent good part OF the day In confer
ence with him in regard TO the motion
for new trial which viii be filed to-
morrow and other matters In connection
with the case.
w H. Culton. who is under Indictment
as an accessory TO the Goebel murder,
and who gave damaging evidence against
both Howard and Caleb Powers, was re-
leased on bail this afternoon, and his
case was continued until the January
term His bond was fixed at $4,000 and
his brother I'm law. l.. +. Hogg, of Ows-
ley county, and j. T. Ilalcomb and John
Johnson, of johnson county, became his
sureties.
Howard Is Feudist.
"Jim" Howard, as he is commonly
known In the mountains, is a strikingly
handsome man. forty-four years or age,
and would he one of the last to be pointed
out by stranger as the man on trial.
He had the record however. Of being the
leader of the Howard-White faction In
the Baker-Howard feud in clay county
n which numerous lives were taken.
he had killed George Baker and was sus-
pected Of the assassination OF Tom Ba-
Ier. who was killed after tho same fash
ion as the GoeSel murder and Towards
friends believe that these facts had very
,much to do with the making Of the YER
4ct sentencing him TO The fallows.
!. rhe trial of Henry +. Noutsey, of New
sparr. will be called next at Georgetown.
next Monday.
4 Ffansfort. KY. September 29.-The mo-
fdfl fora new trial IN the case CT James
Inward was overruled by Judge CantAll
y ls.afternoon and Toward was sentencsAf
~: nAng December 9Th. 1t was agresH
that the attorney should be allowed to
fl.p tlfefr bin Of exceptions IN the appeal.
to- the court Of appeals any
time between now and the third
week In October. Howard ala
not weaken or appear agitated when
the solemn sentence of the court consign-
Ing him 10 the gallows was pronounced
upon Kim. but In answer to the usual
question Of the court. II he could show
cause why sentence should not I've pro-
nounced. he said in \ firm. clear voice:
II am Innocent"
Howard stood erect. facing the court.
intently 20 every word uttred by
the judge. who was visihly affected by the
solemuity Of the occasion and spoke in
a voice choked with emotion. In over
ruling Towards motion for a new trial.
which occurred only few moments be-
fore sentence was pronounced the court
said he did not consider any of the mat
tors set up in the affidavits filed by the
defense as sufficient to cause new trial
The affidavits of the defense attacking the
qualifications of several Of the jurors had
been fully offset by counter ailidavits filed
by the prosecution. But as 10 the adj
mission Of one bit of testimony. the court
was in great doubt az 10 whether the de-
fendants rights had not been prejudiced
though the ruling admitted Ii was III ac
cordance with decisions of the court of
appeals.
The testimony IN question was "a to
the conversation between Henry YOutsey
and w III. Cultoun alleged co-conspira-
tors. and the court said:
while the court of appeals has held
that this sort Of testimony may be admit
ted as evidence, 4 have grave doubts
as to the correctness Of that ruling and
if left unhampered by that decision. |
should not have allowed that part of the
testimony To have gone to the jury. But
the court of appeals is the highest jul
dicial body in the state ana there is moth
ing left for this court except to follow
the lines laid down by IT.
The other matters raised by the af-
fdlvits filed were, with one exception,
in relation to alleged remarks made by
Jurors prior to the trial showing hos
tility to the defendant. The exception
referred TO was the affidavit of 3. l..
Guffy, who swore To alleged new evidence