The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-10-02
SENTENCE To HANG
THE DEATH PENALTY PRONOUNCED ON
JIM HOWARD
ASSASSIN OF GOVERNOR GOEBEL
Sentenced to oe Hanged December sth.
The Defendaut Perfectly Composed
Under the Ordeal or sentence and
simply Declares His Innocence In
Query.

Frankfort, KY, September ee.-The
motion for a new trial In the case OF
James Howard was overruled by Judge
Cantrin today and Howard was SEN
fenced TO hang Decembe- eth. II was
agreed that the attorneys should be al
lowed 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 solemn sentence OF
the court consigning him TO the gal
lows was pronounced upon him. but in
answer TO the usual question OF tho
court IL he could show cause why SEN
tence should not be pronounced he
said in firm clear voice: 'I am in
nocent." He stood erect, facing tho
court and listening intently to every
word uttered by the judge, who was
" 5ly affected by the solemnity OF the
d casion and spoke in a voice choking
with emotion.
In overruling Howard's motion for a
new trial, which occurred only a few
moments before sentence was pro-
nounced, the court said il did not con-
slider any of the matters set up in the
affidavits filed by the defense as suffi-
| cient to cause a new trial The affi-
| davits Of the defense attacking the
| qualifications of several OF the jurors
had been fully offset by counter affida-
Wits filed by the prosecution: but as
| to the admission OF testimony by me
| witness the court was IN great doubt
as to whether the defendants rights
had not been prejudiced. although the
l
| with decisions Of the court of appeals
The testimony in question was as to
a conversation between Henry Youtsey
| and w. III. Culton, alleged co-conspira-
| tors, and the court said:
| while the court OF appeals has held
that this sort of testimony may be ad-
| mitted as evidence, have great doubts
| as to the correctness Of that rulfng and
/ if left unhampered by that decision
| should not have allowed that part oS
| the testimony to have gone TO he jury;
but the court of appeals Is the highest
judicial body in the state AID there is
| nothing left for this court except to fol-
low the lines laid down by it."
The other matters raised by the affi-
| davits filed were, with one exception
relative to alleged remarks made by
jurors pryor TO the trial, showing hos
tility to the defendant The exception
| referred to was the affidavit Of B. z
| Guffy, who swore t. alleged new evil
| dence in Howards behalf. Tho court
| said that the standing of these aIlda-
| Wits was discredited by the fact thaE
/ all OF the persons making them had
| been in the court room almost every
| day of the trial and on intimate tern
with the attorneys and friends OF the
/ defendants; that the charges made in
| them IL presented to the court and
proven would have been cause for dis
| charging the Jury, yet they were never
made until the jury had returned it's
| verdict.
| 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"
| as the court said: AT the April term
of the Franklin county grand jury you
were indicted. charged with the wilfuI
murder Of William 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 pro-
nounce sentence upon you?
After a pause Howard. who had
| stood motionless. replied: IT am inno-
| cent"
That fs a matter" continued Judge
Cantrill, that was with the jury and
| over which the court had no control
| there ore. order that yousbe tax IN back
| to the Jail and there safely confined
until December 7th. when you will be
taken by the sheriff and hanged by the
neck until dead, and ny Cod have
mercy on your soul"
The court then suspended the SEN
tence for sixty days TO give time for
the appeal which Will be taken to the
court OF appeals.
After this Howard was rernanaed to
his steel cage In the Jail.
Although sentenced to hang Deem
Der 9TH, there is no probability that
Howard Will hang that day, as under
the practice Of the court of appeals, IL
Is doubtful II the appeal In the case
| will be docketed in that tribunal by
that date and a final decision is hardly
| to be exected before January. The
sentence of the lower court will be sus-
pended pending the appeal.