The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-09-30
THE DAY OF DOOM
SET FOR HOWARD
Sentenced to be Hanged De-
Gerber Seventh.
WEF- ne~
'lAMlNNUCENT," He SAID
When Asked if he Had Anything
to Say.
HOWARD DID NOT APPEAR AGITATED
HsvarIs Attorneys May file Bill Of Exception
in Appeal to Court Of Appeals Any
Time Before Third Week In
October,
October.
(By the Associated Press.)

Frankfort, KY, Sept. 29.-The motion
for 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 IN October.
Howard did not weaken or appear agi-
tated when the solemn sentence of the
court consigning him 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:
81 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 Towards motion for a
new trial which occurred only few min
utes before sentence was pronounced, the
matters set up in the affidavits filed by
the defense as sufficient to cause new
trial. The affidavits of the defense at
lacking the qualifications of several of the
Jurors had been fully offset by counter
affidavits filed by the prosecution. But
as to the admission of one by the testi-
mony the court was in doubt as to wheth-
er the defendants rights had not been
prejudiced, although the ruling admitting
it was in accordance with decisions of
the Court of Appeals.
The testimony in question was as to a
conversation between Henry Youtsey and
w. H. Culton, alleged co-conspirators,
and the court said:
''While the Court of Appeals has held
that this sort of testimony may be ad-
mitted as evidence. / have grave doubts
as to the correctness of that ruling, and
IL 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 there is moth
ing left for this court except to follow
the lines laid down by it,
The CHER 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
on intimate terms with the attorneys
1afo
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
ing to the defendant, said:
James Howard, please stand up
Howard arose and listened intently as
the court said:
sat the April term of the Franklin
county grand jury you were indicted,
charged with the wilful murder of Will
liam Goebel. You have been represented
by able counsel, but in spite of this you
have been found guilty. Have you any
reason to offer now why the court should
not pronounce sentence upon you!
After pause Howard, who had stood
motionless replied:
II am inocent."
THAT is matter" continued Judge
Cantrill that was with the jury and
over which the court had no control. /
therefore order that you be taken back 20
the TAIL, and there safely confined until
December 7th, when you will be taken
By the sheriff and hanged by the neck un-
til dead, and may Gcd have mercy on
your soul. +"
The court then suspended the sentence
for sixty days to giIN time for the APP
peal, which will be taken to the Court of
Appeals.
After this Howard was remanded to
his steel cage in the Jail.
Although sentenced to hang December
18th. there is no probability that Howard
will hang that day, as under the practice
in the Court of Appeals, it is doubtful il
the appeal in the case will be docketed in
that tribunal by that date. and final
decision IS hardly to be expected before
January The sentence of the lower
court will be suspended pending the APP
neal