New-York tribune., 1900-09-30
G0EBEL MURDERER TO BE HANGED
SENTENCE PASSED ON JIM HOWARD
AFTER MOTION FOR NEW TRIAL
WAS OVERRULED.

Frankfort, KY. Sept. 29.-The motion for new
trial in the case of James Howard was overrueS
by Judge Cantrill to-day. and Howard was SEN
fenced to be hanged December 7. 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
in October.
Howard did not weaken or appear agitated when
the sentence of the Court consigning him to the
galiows pronounced upon him, but IN answer
10 the usual question of the Court he could show
cause why sentence should not be pronounced, he
said in a firm. clear voice: IT am innocent"
In overruling Howard's motion for 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 atf1-
davits filed by the defence as sufficient TO cause
q new trial The afidavts OF the defence attacking
the qualifications of several Of the Jurors had
been fully offset by counter afdavits filed by the
prosecution But as to the admission of one bit
of testimony the Court In great doubt to
whether the defendants rights had not been
prejudiced. although the ruling admitting 1t ip
accordance with decisions of the Court OF Appeals.
The testimony in question to conversa-
ton between HHnry 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 as 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 to
have gone to the jury But the Court of APP
there is nothing left for this Court except to fol-
low the lines laid down by it."
The other matters raised by the afidavits filed
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 the affidavit Of B. T. Guffy, who swore to
alleged evidence in Towards behalf The
Court said that the standing of these affidavits
was discredited by the fact that all of the persons
making them had been in the courtroom almost
every day Of the trial and on 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-
gressman w. C. Owens. The Court turning to
the defendant, said:
James Howard. please stand up"
Howard arose and listened the Court said:
"At the April term of the Franklin County
Grand Jury you were indicted, charged with the
wilful 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 to offer now why the Court should not pro-
nounce sentence upon your
After pause Howard, who had stood motion
less replied:
'I am innocent"
THAT is a matter continued Judge Cantrill
that was with the jury and over which the Court
had no control I 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 ana may God
have mercy your SOUL
The Court then suspended the sentence for sixty
days. to give time for the appeal, which will be
taken to the Court OF Appeals.
After this Howard remanded to his steel
cage in the jail
The motion for new trial was made by HOW
ards attorneys on Thursday, but passed until
to-day when both the prosecution and defence filed
additional afidavits These were discussed before
the Court this afternoon Mr.. Owens, OF the de-
fence claimed the Court had erred in admitting
testimony as the killing Of Baker by Howard,
tacking the Jurors who, he said. by abundant proof
were shown to have gone into the jury box with
their minds made UP. He insisted that 1t would
not only be g. great hardship on the defendant TO
an outrage against Christian civilization, and he
earnestly pleaded for new trial
COMMUNICATIVE Attorney Franklin replied for
the prosecution that the aff1davts OF the jurors
against them in addition to which the prosecution
had shown that several of the persons making the
charges were unworthy of belief The affidaVits OF
r. l. Guffy, he contended, should not be consid-
showed that Guffy. II not an eccessory after the
fact was intimately associated with those VINO
were and made him party in interest as shown
by the sworn statement Of John w Ray, who
swears that on the morning of January go and
about hour before the ssassination he, curry
was at the residence Of Appellate Judge White,
and that GufTy said "Goebel will never be Gov
ernor They will kill him before the Joint Assem-
biy," to which Ray claims have responded:
THAT would be calamity. 1t would bring on a
riot. and Taylor would also be killed. -,
To this Ray says Guffy replied: NO; they VIII
not kill Taylor. That has been provided against.