New-York tribune., 1900-09-30
GOEBEL MURDERER TO BE HANGED
SENTENCE PASSED ON JIM" HOWARD
AFTER MOTION FOR NEW TRIAL
WAS OyERRULED.

Frankfort KY, Sept. 29-The motion for new
trial in the case of James Howard was overruled
py Judge Cantriu to-day. and Howard was SEN
fenced TO be hanged on December :. 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 and the third week
IN October.
Howard did not weaken or appear agitated when
the sentence OF the Court consgning him TO the
gallows was pronounced upon him. but in answer
10 the usual question Of the Court II he could show
cause why sentence should not be pronounced, he
said in firm. clear voice It innocent"
In overruling Howards motion for new trial.
which occurred only a few moments before SEN
tence was pronounced, the Court said he did not
consider any Of the matters set up in the affl-
davIts fled by the defence as sufficient TO cause
a trial The afidavits Of the defence attacking
the qualifications of several Of the Jurors had
been fully Offset by afldavits fled by the
prosecution But TO the admission Of bit
of testimony the Court was IN great doubt to
whether the defendants rights had not been
prejudteed. although the ruling admitting It IN
accordance with decisions of the Court Of Appeals,
The testimony in question q converse
ton between Harry Youtsey and W. H. Culton.
alleged co-conspirator. and the Court said:
While the Court OF Appeals has held this SORT
Of testimony may be admitted evidence, have
grave doubts TO the correctness OF that ruling,
and If left unhampered by that decision should
not have allowed that part Of the testimony 70
have gone to the jury. But the Court Of Ap-
peas is the highest judicial body IN the State and
there is nothing left for this Court except 10 fol-
low the lines laid down by it."
The other matters raised by the afldavits fled
were with one exception, relative to alleged re-
marks made by Jurors prior TO the trial, showing
hostility TO the defendant The exception referred
TO was the affidavit OF 3 T GufTy. who swore to
alleged new evidence in Towards behalf The
Court said that the standing Of these afldavtts
was dscredited by the fact that all Of the persons
making them had been in the courtroom almost
every day Of the trial and intimate terms with
the attorneys and friends OF the defendant; that
the charges made in them. II presented TO the
Court and proved, would have been cause for dis
charging the jury yet they were never made until
the jury had returned its verdict.
Howard was then brought into the courtroom.
and was seated next to his chief counsel, ex-Con-
gresham ". c. Owens. The Court turning to
the defendant, said:
James Howard, please stand up"
Howard arose and listened as the Court said
AT the April term Of the Franklin County
Grand Jury you were indicted, charged with the
wtlful murder OF William GoebeL You have been
represented by able counsel but IN spite OF this
you have been found guilty. Have you any rea-
son 70 offer now why the Court should not pro-
nounce sentence upon your
After a pause Howard, who had stood motion
less, replied:
I am innocent
That is q matter" continued Judge Cautrill,
that was with the jury and over which the Court
had no control therefore order that you be taken
back TO the Jail, and there safely confined until
December T. when you will be taken by the Sheriff
and hanged by the neck until dead and may God
have mercy on your SOUL
The Court then suspended the sentence for sixty
days 10 give time for the appeal, which Will be
taken TO the Court OF Appeals.
After this Howard was remanded TO his steel
cage IL the jail
The motion for a new trial made BY How
ards attorneys on Thursday but was passed until
to-day when both the prosecution and defence dled
the Court this afternoon. Mr.. Owens. OF the de-
fence claimed the Court had erred in admitting
testimony as TO the killing OF Baker by Howard.
but laid particular stress upon the aH1QaVlts AZ
+scing the Jurors who, he said, by abundant proof
were shown 10 have gone into the jury Dox with
their minds made I'D. He insisted that IL would
be deprived OF life. by verdict thus rendered but
an outrage against Christian civilization. and he
earnestly pleaded for new trial
Commemorative Attorney FRANKLIN repled Ior
the prosecution that the affldavirs Of the Jurors
themselves absolved them from the charges made
against them in addition to which the prosecution
had shown that several Of the persons making the
charges were unworthy Of belief The afadaVIts or
b L Clurry he conteuded, should not be consid-
cred as evidence which had recently come out
showed that CflIffy, II not eccessory after the
fact was intimately associated with those VINO
were. and made him party IN interest as SHOWN
bv the sworn statement Of John W Ray, who
swears that on the morning Of January 80. and
about an hour before the assassination he, Gumy,
and that CSufTy said: "GoebeI will never be Gov
eruor They will kill him before the Joint Assem-
bly" 10 which Ray claims TO have responded:
That would be calamity. II would bring on q
To this Ray says Gufy replied: No; they will
not kill Taylor That has been provided against