The Washington weekly post., 1900-10-02

Frankfort, Ky, Sept. 2e.-The motion
for ntS trial IN the case OF James How
ard was overruled by Judge Cantrill TO-
day. and Howard was sentenced 20 hang
December Z. II was agreed that the at
torneys should bs allowed to hle their
bills Of exceptions in tae appeal to the
Court of Appeals any time between now
and the third week in October.
Howard did not weaken or appear agit-
ated 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 if he
could 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 vas
visibly affected by the solemnity OF the
| occasion and spoke in voice choked with
emotion.
In overruling Howard's motion for a
new trial. which occurred only few mo-
ments before the sentence was pronoune-
ed. 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
attacking the qualifications of several Of
th4 jurors had been fully offset by eoun-
ter-aftidavits filed by the prosecution. But
as TO the admission of some of the testi-
Uony the court was in great doubt as TO
whether the defendants rights had not
Been prejudiced, although the ruling ad-
uniting 1t was in accordance with deci-
;ilons of the Court Of Appeals.
Conversation of Yoatsey and Cuitsn.
The testimony in question was as to a
conversation between Henry Eoutsey and
w. IL. Culton, alleged co-conspirators.
a nd the court said: while the Court of
Appeals has held that this sort of testi-
Hsoay may be admitted as evidence, /
ave grave doubts as to the correctness
of that ruling, and. if left unhampered by
that decision, / should not have allowed
that part of the testimony 10 have gone
to the jury. But the Court of Appeals is
the highest judicial body in the State, and
there is nothing left for this court except
to follow the lines laid down By It."
The other matters raised by the affi-
da'dts filed were, with one exception.
rel ative to alleged remarks made by
jur 1rs prior to the trial. showing hostiI-
ity to the defendant. The exception re-
ferIed to was the affidavit Of R. T. Cuff
fey,, who sw0re TO alleged new evidence
IN aoward's behalf. The court said that
the standing of these affidavits was dis
cre' iited by the fact thst all of the per-
son S making them had been In the court
roQpl almost every day of the trial. and
on intimate terms with the attorneys and
frie ads of the defendant; that the charges
made in them, if presented to the court
dis, harging the jury. yet they were never
made until the jury had returned its ver-
dicl.
Court Interrsgates Howard.
B,ward was then brought into the
courtroom by Jailer Lawrence, and was
seated next TO his chief counsel. ex-Rep-
resaLtatiye w. C. Owens. The court,
turning to the defendant. said:
James Howard, please stand up
II oward arose and listened intentIy as
the court said: "At the April term OF
the Franklin County grand jury you were
indicted. charged with the Willful muir
der of William Goebel. You have been
rep resented by able counsel, but il spite
of l-his, you have been found guilty. Have
you any reason TO offer now why the
cou rt should not pronounce sentence up
on YOUR
mot sonless, replied: Il am innocent"
'~that is a matter" continued Judge
CaIltrill that was with the jury and
over which the court had no control /
thes efore order that you be taken back 10
the iail and there safely confined until
December z, when you viii be taken by
the sheriff and hanged by the neck until
dsad. and may God have mercy On your
SOUL
The court then suspended the sentence
for sixty days TO give time for the ap-
peal which will be taken to the Court OF
Appeals. After this, Howard was re-
manSed to his steel cage in the jail.
The motion for a new trial was made
by Howard's attorneys Thursday, but
was passed until to-day, when both the
prosecution and defense filed additional
affidavits. These were discussed before
the court this afternoon. Mr.. Owens, of
the defense, claimed the court had erred
in admitting testimony as to the killing
of Baker by Howard, but laid particular
stress upon the affidavits ATTACKING the
jurors, who, he said, by abundant proof
were shown to have gone into the jury
box with their minds made up. He insist
ed thai IL would not only be a great hard
ship upon the defendant to be deprived of
life by a verdict thus rendered, but an
outrage against Christian eiyilizat ation, sad
he earle silly pleaded for a new trial
COmmOnwealth's Attorney Franklin re-
piled for the prosecution that the affida-
Wits of the Jurors themselves absolved
them FROM. the charges made against
them, In addition to which the p.osecu-
ton had ijhoWn that several Of me per-
sons making the charges were unworthy
Of belief. The affidavit of b. l.. Guffsy.
he conteRGed, could not be considered, as
evidence which had recently come out
showed that Guffey. IL not accessory after
the fact Was intimately associated with
those wlo were, and made him a party
In interest.
Y0uiseyss Trial Begins Tomorrow.
The case OF Henry f. Youtsey, also
charged with being a principal in the
Goebel murder, will be taken up at
Georgetown Monday. The prosecution
claims that Youtsey was in the seere-
tary Of states Office with Howard when
the shooting occurred Youtsey Is repre-
sented by L. J. Crawford and r. ". Mel
son, two of the ablest criminal lawyers
in the State. Col Nelson sent the follow
ing telegram here to-day:
A.,