The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-10-02
THE DAY OF DOOM
SET FOR HOWARD
Sentenced to be Hanged De-
Gerber Seventh.
A INNOCENT" HE SAID
When Asked if He Had Anything
to Say.
HOWARD DID NOT APPEAR AGIIAIED
How ards Attorneys May file Bill Of Exception
in Appeal to Court Of Appeals Any
Time Before Third Week In
October.
(By the Associated Press.)

Frankfort, KY, Sept. 29.-The motion
for a new trial in the case of James How
ard was overruled by Judge Cantrill TO-
day and Howard was sentenced to hang
December 7th. 1t 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 n October.
Howard did not weaken or appear agi-
tated when the solemn sentence OF the
court c%onsigning him to the gallows was
pronounced upon him.. but in answer to
he usual question of the court II he
:ould show cause why sentence should not
be pronounced he said in a firm, clear
voice:
Il am innocent"
He stood erect, facing the court and
listening intently 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 overruling Howard's motion for a
new trial which occurred only a few min
utes before sentence was pronounced, the
court said he did not consider any of the
matters set UP in the affidavits filed by
the defense as sufficient to cause a new
trial. The affidavits Of the defense at
lacking the qualifications of several Of the
Jurors had been fully offset by counter
,ffidavitS filed by the prosecution. But
Us to the admission of one by the testi-
nony the court was in doubt as to wheth-
II the defendants rights had not been
,rejudiced, although the ruling admitting
+ xro in oonor1onon with, 6ncicinno of
he Court of Appeals.
The testimony in question was as to a
conversation between Henry Youtsey and
W. H. Culton, alleged co-conspiratOrs,
md the court said:
'sWhile the Court of Appeals has held
hat this sort of testimony may be ad-
nitted as evidence. l have grave doubts
is to the correctness Of that ruling, and
If left hnhampered by that decision /
should not have allowed that part of the
testimony to have gone to the jury. But
he Court of Appeals is the highest judi
,ial body in the State and there is moth
ing left for this court except to follow
the lines laid down by it."
The other matters raised by the affi-
davits filed were with one exception rela-
tive to alleged remarks made by jurors
prior to the trial, showing hostility to
the defendant. The exception referred
to was the affidavit Of B. T. Guffey.
who swore to alleged new evidence in
Towards behalf. The court said that
the standing of these affidavits was dis
credited by the fact that all of the per-
sons making them had been in the court
room almost every day of the trial and
IN intimate terms with the attorneys
md friends of the defendant; that the
charges made in them, if presented to the
court and proven, would have been cause
for discharging the jury, yet they were
never made until the jury had returned
it's verdict.
Howard was then brought into the
court room by Jailer Lawrence and was
seated next to his chief counsel, ex-Con-
gresham w. c. Owens. The court, turn
;ng to the defendant, said:
James Howard, please stand up"
Howard arose and listened intcntly as
he court said:
AT the April term of the Franklin
county grand jury you we're indicted.
:hsrged with the wilful murder Of Will
lam Goebel. You nave been represented
~ able counsel, but in spite of this you
nave been found guilty. Have you any
'eason to offer now why the court should
not pronounce sentence upOn Ou?"
After a pause, Howard, who had stood
notionless, replied:
Il am inocent."
THAT is a matter" continued Judge
;antrill, that was with the Jury and
'ver which the court had no control.
heretore order that you be taken back ITO
he jail, and there safely confined until
)ecember eth, when you will be taken
" the sheriff and hanged by the neck un-
II dead, and may God have mercy on
5our soul"
Inc court then suspended the sentence
OF sixty days to giNN time for the an
peal, which will be taken to the Court of
Appeals.
After this Howard was remanded IN
his steel cage in the Jail.
although sentenced to hang December
IN, tnere is no probability that Howard
VIII hang that day, as under the practice
n the Court of Appeals, it is doubtful, IL
ne appeal in the case will be docketed in
nat tribunal by that date. and a final
1eclslon is hardly to be expected before
January. The sentence of the lower
court will be suspended pending the an