The times. [volume] (Richmond, Va.) 1890-1903, 1900-09-30
SENTENCE P PASSED
ON jim HOWARD
Prisoner Did Not " eaken
During Ordeal.
TO HANG UNTIL DEAD.
Judge VisibIy Affected As He Pro
nounced the Solemn Words.
NEW TRIAL WAS NOT ALLOWED
But Sentence Was Suspended for Sixty
DAYS to Give Time for the Appeal
Which Will be Taken to the
Court OF ArpeaIs-The Pris-
oncr demanded 70 Steel
Gage in Jail.
nv Associated Press.l


ton for new trial in the case Of James
Howard was overruled by Judge Cantr1ll
today and Howard was sentenced TO hang
December 7th. 1t was agreed that the at
torney should be allowed to file their bill of
executions in the appeal to the Court of Ap-
peals any time between now and the third
week in October.
Howard did not weaken or appear agi-
tated when the solemn sentence of the
Court consignlng hlm to the gallows was
pronounced upon him, but In answer to
the usual question of the Court if he
could SHOW cause why sentence should
not be pronounced, he said in firm,
clear voice: Il am innocent.
He stood erect facing the court and list
ening intently to every word uttered by
the Judge, who was yisibly affected by tne
s;temnity Of the occasion and spoke in
a voice chol1ed with emotion.
In ove-ruling Howard's motion for q
new. trial, whtcu occurred only d few
moments before sentence was pronounced,
the court said he did not consider any Of
the matters sent up in the att!daylts fled
by the defense as sufficient 10 cause a
new trial. The affidavits Of the cefeHse
attacking the qualifications Of several OF
the Jurors had been fully Offset b. counter
adidavits filed by the prosecution. But
as to the admission of one by the testi-
mony the Court was in great doubt as
to whether the defendants rights had not
been preiudiced, although the ruling ad-
1aitting it was in accordance with dsc!s-
sens Of the Court Of Appeals
NO OTHER COURSE.
The testimony in question was as to
q CONVEX sa ton between Henry YOuIsey
and w II. Gult0n, alleged .co-consprators
and the Court said:
while the Court OF Appeals has held
that this sort of testimony may be ad-
mitted as evidence, l have 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 to have gone TO the jury. But
the Court of Appeals is the highest judi
cial body in the State. and thare is moth
ing left for this court except to follow
the lines laid down by it. =
The other matters raised by the aaida-
Wits filed were, with one exception, rela-
tive TO alleged remarks made by jurors
prior 10 the trial, showing hostility 10 the
defendant. The exception referred to was
the affidavit of B. I. Guffey, who swore
to alleged new evidence in Howard,s be-
H.. J
these af1idav:ts was discredited By the
fact that ali 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 de-
fendant; that the charges made in them,
if presented TO the court and proven, would
have been the cause for dischargins the
Jury. vet they were never made until the
Jury had returned its verdict.
SENTENCE PASSED.
Howard was then brought into the court
room by Jailer Lawrence, and was seated
next to his chief counsel, ex- Congressman
w. c. Owens. The court, turning TO the
defendant, said:
James Howard, please stand up
Howard arose and listened intently as
the Court said:
"At the April term Of the Franklin
co,1ntv s,rand Jury YOU were indicted,
charged with the wflful mtgrder OF William
eoabel. You have bsen represented by
.,,2;a counsel. but IN spite OF this You nave
been found guilty. Have you any reason
10 offer now why the Court Should not
pronounce sentence upon you?
After a pause, Howard, who had stood
u1otionless. replied:
II am innocent
THAT is q ma ter continued Judge
Ca1ltr-il. shat was with the jury ana over
which the Court had no control there
fore order that you 6e taken back to the
iail ana there safely conf1ned until loece1n-
her Tth when yoa will be taken by 1he
sheriff and hanged by the nec's<untl dead,
and may God have mercy on your soul.
The Court then suspended the sentence
for sixty days to give time for the appeal
yh:ch viii be taken to the Court OF Ap-
peals.
After this Howard was ren1anded 10 MS
steel cage IN the jail