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 new trial 10 the case OF
James Howard was overruled BY Jud &c
Csntrill today and Howard was sen
senced to hang DeO7. It was agreed
that the attorneys should DO allowed to
tile their bill of exceptions 10 the appeal
to tho court Of appeals any time besweee
DOW and the third week 10 October.
Howard did not weaken or .ppear
sgitsted when the solemn sentence OF
the court consigniog bin to the esllows
"ss pronounced upon bin, bot 10
answer to tho usual questions Of the
court If be could show cause wh, cen.
teoee should not be pronounced, he
said 10 6rm. clear voice II Am 10.
nocent."
He stood erect. facing the court .nd
listening ioteutly to every word uttered
by the judge. who vas visib!y effected
oy the solemnity Of the occasion aud
spoke 10 . voice ohoked With emotion
10 overriding Howard's motion for a
No" trial which occurred only a few
momsnts before sentence Was pronouuo.
cd she court said be did not consider
.ny OF the matters set up 10 the
defense ss sufficient to cause . new
trial. The afidavits Of the defeuse a, i.
saokiog the qualifications of several of
the jurors bad been folly Offset By
counter sf6dsviss filed by the prosscu.
aoo But 20 to the admission of one
piece OF testimony the court vas 10
greet doubt % to whether the defend.
snts right bad not been prejodioed.
although the ruling admitting it was in
accordance With decisions of the oour,
Of sppesls.
The testimony 10 question was as to
eoovers.sioo between aeory You,sey
and ". a. Cultoo. alleged 90 oou.pirs
tors. aod the court said /:
"While the court of appeals has
nsld that this sort Of testimony may be
admitted Is evidence, l have grave
doubts as to the oorreetue ess Of that
ruling. and # left uuham pered BY ,ba,
decision should not have allowed that
part OF the testimony to have gone 20
the jury. But tho court of appeal il
tbe highest judicial body 10 The State
sod there is nothing left for this cour.
except to follow the lines laid down bv
it," y
The other matters raised by the sai
dsvits filed we're With one exception
relstive to alleged remarks made bv
jurors prior to the trial, sho wing hos.
"'isy to the defendant The execution
re'errsd to was the affidavit of B T.
Guhey. who swore to alleged uew evi.
deoce 10 Howard's behalf. The ooart
said that the standing of these sffidavi,s
was disoredited by the fact that all
OF the persons making them bad been
10 the court room almost every day OF
the trial aud on Intimate terms with the
defendant: that tho charges made iu
them 1t presented to the court aud
proven would have been cause for dis
charging the jury, yet they were never
made uut'l the jury had eturned its
verdict.
Howard wss then brought into tho
ccur, room BY Jailer Lawrence aud was
seated oext to his chief counsel. ex.
Congressman w. G. Ovens. The
court turning to the defeu daut, said :
James Harvard. please stand up"
Howard arose and listened iotently
as the court said
"At tho April term Of tho franklin
county grand jury you we're indicted, y,
charged With the willful murder of Wm
Gosbel You have been represented
BY able counsel, but 10 spite of this
you have been fouod guilty. Have you
suy reason to offer Why the court should
not now pronounce sentence upon
you?"
After q pause. Howard. who bad
stood motiouless. replied Il am 10 O.
cent"
THAT is a matter" ooutioucd judge
Cantrill. that was with the jury and
over which the court had 90 control |
therefore order that you be taken back
to the Jail and there safely oon fined
uotil Dec 7, when you will be token By
the sheriff and hanged by the neck uutil
dead: and may God have mercy 90 your
soul"
The court then suspended the
sentence for 60 days to give time for tie
appeal which will be taken to the court
OF appeals.
After this Howard was rcmsuded TO
bis steel cage 10 the Jail.
THE TRIAL IN VnIrTSINv