The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-09-27
Penalty for the Murder OF Senator
GOebel Fixed mt Death After an
All-Night Session.
JURY UNANIMOUS AS TO GUILT
EUT DIVIDED AS TO THE MEASURE
OF PUNISHMENT.
Condemned Man Took the Verdict and
Sentence CooIIy-Motion for a
New Trial VIII BE Made.

FRANKFORT. KY, Sept. 26.-James B.
Howard, who has been on trial for the
past ten days, charged with being a prin-
cipal in the assassination of William Goe-
bel, was found guilty by the jury to-day.
his punishment being fixed at death.
The fact that the jury had deliberated
all of yesterday afternoon without reaching
q verdict led to the belief that it was
hopelessly divided. and this fact made the
verdict shocking to Howard and those who
hoped for his ultimate acquittal. Howard
did not lose his composure when the YER
dict calling for the extreme penalty of the
law was read in the crowded courtroom.
He glanced at his attorneys. who sat be-
side him, and smiled, but said nothing.
After the Jury had been discharged Howard
was taken back to the jail and here, for
The first time, he betrayed emotion. He
called for a pen and paper and wrote a
long letter to his wife. during which tears
coursed down his cheeks. He was Joined
later by his attorneys, who spent good
part of the day in conference with him. in
regard to the motion for a new trial. which
will be filed tomorrow. and other matters
In connection with the case.
as an accessory to the GoebeI murder. and
who gave damaging evidence against both
Howard and Caleb Powers. was released on
ball this afternoon, and his case was con-
tinued till the January term. His bond
was fixed at $4,000, and his brother-in-law.
e. E. Hogg. Of Owsley county. and ]. F.
Halcomb and John johnson, of Jackson
county, became his sureties.
Howard and his friends are very bitter
in their denunciation of Culton Robert
Noakes and others. who. they charge, were
in the conspiracy to murder Goebel and
other Democratic members of the Legis-
lature, and since have been manufacturing
testimony against others in order TO OBJ
tain immunity for themselves Howard
was represented by ex-Representative w.
c. Owens. of Georgetown, and Carlo Lit
tie. of Manchester. The prosecution was
represented by Acting Commonwealth At
torney Williams, T. c. Campbell, of Gin
cinnati. and B. b. Golden, OF Barboursville
Jim Howard, as he is commonly known
in the mountains. is a strikingly handsome
man forty-four years of age and would
be one of the last to be pointed out by
stranger as the man on trial He had the
Howard-White faction in the Baker-How
ard feud in Clay county I'm which numer-
Gus lives were taken. He had killed Geo.
Baker and was suspected OF the assassina-
ton of Tom Baker who was killed after
the same fashion as the Goebel murder.
and Howard's friends believe that these
facts had very much TO do with the max
ing of the verdict sentencing him to the
gallows.
The trial OF Henry Z. Youtsey, of New
port. will be called next at Georgetown
next Monday.
The courtroom was thronged this MORN
ing with spectators. and the crowd was
white with suppressed excitement as Fore
man Crutcher OF the jury. passed the
written verdict UP TO the clerk. Deputy
Clerk Elliott read the verdict. which found
the defendant guilty and fixed his punish
ment at death.
Howard occupied seat lv his attorney.
CONTINUED ON SECOND PAGE.)