The Lee County journal. (Leesburg, Ga.) 1904-19??, 1906-01-12
HOWARD LOSES
In HIS APPEAL
Supreme Court Goes Against Con-
victed Murdele Of GoebeI.
LIFE SENTENCE APPROVED
Appeal was for Purpose of Securing
New Trial--PriSoner Suggests Lay
ing Case Before Roosevelt.

The supreme court of the United
States Tuesday affirmed the decision
of the Kentucky court of appeals in
the case of James B. Howard VS.. the
State of Kentucky. Howard was tried
three times in the circuit court of
Franklin county, Kentucky, on the
charge of numbering Governor Will
liam Goebel, of Kentucky, on January
90, 1900, and convicted each time.
He is now under sentence of life
Imprisonment, and he brought the case
to this court to secure a review Of the
ruling of the Kentucky court Of APP
peals, affirming a decision of the cir
cult court against allowing him an
other trial. His principal allegation
was that the proceedings of the trial
court in the matter Of selecting and
discharging jurymen was irregular.
Justice McKenna delivered the opin-
ion, affirming the conviction of How
ard for killing William Goebel. He
reviewed the complaint of Towards
attorneys that the discharge of J. c.
Alexander as a juror was in violation
of the fourteenth amendment. Justice
McKenna said in part:
1--WE cannot assume error in the de.
cision of the court of appeals. We &C.
cept it as we are bound to do as
correct exposition of the law of the
state, common, statutory and consti-
tutional Our inquiry can only be, Did
the state law as applied afford plain
tiff in error due process, as those
words are used in the fourteenth
amendment? We think it did. 1t is
not necessary to enter into a lengthy
discussion of what constitutes due pro-
cess of law.
ut may be admitted that the words
due process Of law as used in the
fourteenth amendment protect funda-
mental rights.
what those are cannot ever be the
cause of much dispute. In giving
them protection, however, it was not
designed as was, observed by the chief
justice in re Converse, supra, to in
terfere with the power of the state to
protect the lives, liberty and prop
erty of it's citizens; nor with the ex-
ereise of that power in the adjudica-
ton of the courts of the state in adj
ministering the process provided by
the law OF the state,
"These words are opposite in the
present case. There is not an intima-
ton that the juror selected in Alex
ander's place was not as competent
as he. Nor can he say that the dis
charge Of Alexander took from the
other jurors who had been chosen
to try the case or to give to plaintiff
in error the right to new panel"
Howard, who has been in the coun-
ty Jail at Louisville for several
month";, received the news Of the SUI
preme courts decision calmly, but ex-
pressed confidence that some action
would yet be taken in his favor
"The matter has gone to the Uni
ted States supreme court" he said,
"and for that reason it is now mat
ter in which President Roosevelt can
act. l think that those who have been
interested in my case will present
the facts to the president, and l feel
sure that when he learns the true
state of affairs he will interfere in
my behalf have been convicted OF
the murder of Mr.. Goebel, but am
innocent of the crime"