On March 16, 1904, the Texas Court of Criminal Appeals affirmed the conviction and death sentence of Grayson County resident Jim Black for the murder of Howe deputy city marshal Albert Jordan. Jim Black was accused of first-degree murder for fatally shooting Albert Jordan on March 20, 1903. Jordan was part of a posse attempting to arrest him in the town of Howe. On the day of the killing, Black had been creating a disturbance, shouting and throwing rocks while carrying a double-barrel shotgun. When the town marshal, along with Jordan and Al Allsup, attempted to arrest him, Black repeatedly threatened them, backing away while warning them not to follow him or he would kill them. The confrontation escalated as the officers pursued him through the town, with Black jumping over several ditches while making threats.
The evidence showed that Black had expressed clear malicious intent earlier that day, openly declaring his plans to kill both McCoy and Jordan if they tried to arrest him. At a restaurant, he had dramatically broken open his shotgun to display the shells, stating that one shell was specifically intended for McCoy and the other for Jordan. After the shooting occurred, Black was arrested and taken to a store, where he made an incriminating statement to Al Allsup, saying “Al, you got me, but, God damn you, I got one of your men before you did”. The case resulted in Black being convicted of murder in the first degree and receiving the death penalty.
Despite the court’s affirmance of the sentence, Black was never sent to the gallows. In June 1904 his execution date was set for August 16, 1904. The date was later pushed to August 26th. But on August 20, 1904, Governor Lanham commuted the death sentence of Jim Black to life imprisonment in the State Penitentiary.