The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-09-30
SENTENCE OF DEATH
HowARD's MOTION ron ANOTHER
TRIAL WAS DENIED.
HE DECLARED HIS INNOCENCE.
THAT WAS ALL HE SAID IN RE-
Spouse TO THE COURT.

Date OF Execution Fixed on Dec. :.
Time Given for FiIInE mn of Ex-
ceptions-Not Likely That He WGI
be Hanged ON the Day FIXED.
Final Decision Not Expected He
fore January-uo,snrd sent Back
90 HiS steel Cage.
Frankfort. Ky. Sept cs.-The motion
for new trial in the case OF James How
ara was oyerralcd by Judge Cantrin to-
day aud Howard was sentenced to be
hanged Dec. Z.
Il was agreed that tho attorneys should
be allowed to nle their bill OF exceptions
In thu appeal TO the Court Of Appeals any
time between now and the third week IN
October
Howard dld not weaken or APPEAR agi-
tatcd when the solemn sentence OF the
court consigning him to the gallows was
pronounced upon him. but IN answer to
the usual questions of the court n he
tot be pronounced he said. in a firm. clear
voice.
Il am innocent"
lie stood erect, facing the court and
listening inienty to every word uttered by
the Judge. who was visibly affected by
the solemnity Of the occasion and spoke
In a voice choked With emotion
in overruiing Howards moIon for
new trial. which occurred only few
moments before sentence was pronounced.
the court said he did not consider any OF
the matters set up In the afidavits hled
by the defense a. sufficient to cause a
new trial The anidavits Of the defense
attacking the qualifications of several
Of the jurors had been fully offset by
counter-afidavits filed by the prosecution.
But as to the admission OF one about GER
tain testimony the court WIS in great
doubt as 20 whether the defendants rights
had not been prejudiced. although the
ruling admitting tt was IN accordance with
decisions of the Court OF Appeals.
Doubts About the Testimony
The testimony in question was as 10 a
conversation between Henry Youtsey and
W. II. Culton alleged cO-conspirators. and
the couu said:
while the Court OF Appeals has held
mltted as evidence. ! have grave doubts
MS to the correctness of that ruling, and
II left unhampercd by thas decision ]
should not have allow "a that part Of the
testimony to have gone 10 the jury. But
the court OF appeals O. the highest judicial
hlIg in this stat. and there - nothing
left FOR this court except TO follow the
lines laid down by g.
The other matters raised by tho aiti-
"a. Ma
tive TO alleged remarks made by Jurors
prior TO the trial. showing hostility 10 the
defendants. The exception referred TO
was the affidavit OF y. 7. Guncy. who
sworc TO alleged new evidence In How
ards behalf The court said that the
standing OF these afiidavits was discredit-
od bv the fact that all persons making
them had been 81 the court room almost
every day Of che trial and on Intimate
terms with the attorney and friends of
the defendant: that the charges made N
them. II presented TO the court and prov
"a would have been cause for dischargiug
tho jury. yet they were never made until
che Jury had returned It's verdict.
The Sentence Passed.
Howard was then brought into the
conr, room by Jailor Lawrence. and was
seated next TO his chief counsel, cN-Con-
gresham ". G. owouH The court. turn
ing TO the defendant. said.
James Howard. please stand up.
Howard arose and listened intently -
che court said.
at the April term OF the Franklin
county grand jury. YOU were indicted.
chargod with the wilful murder OF VIII
lam Gocbcl You have been represented
hv able counsel but in spite OF this you
have been found guilty Have you any
reason 20 offer why the court should
not now pronounce sentence upon your
After pause Howard. who had stood
motionlcss. replied:
'sl am innocent
THAT Is 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
pee z. 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
Tor sixty days 10 give time for the appeal
which VIII be taken to the Court OF Ap-
peals
After this Howard was remanded TO
his steel cage IN the jail
VoITsF.Nss CASE TO CONF UP.