The Montgomery advertiser., 1902-11-11
MARCUM IS AFRAID
KENTUCKY LAWYER FILES
 SENSATIONAL AFFIDAvITS.
His Client, Moses Feltner, swears That County Officers Tried to Employ Him to Assassinate
 the Attorney.

Lexington. Ky. Nov. 10.-Two of the most sensational affidavits ever filed in a Kentucky court have just been placed on record at Jackson. Breathitt County. That county IS the scene of the Hargis- Cockrill feud and within its borders thirty men have been killed during the past year. A number were assasssinated and acccerdited to one or the other of the factions, while several men are exiled from the county because of their fear of assassination.
 The affidavits are by Attorney J. B. Marcum and Moses Feltner. his client. accused of the killing of Jesse Fields. The purpose of the affidavits is to secure a continuance in the case of Fetner. They follow on the heels of sensational statements contained in a letter writ ten to Circuit Judge Redwine of Brea- thitt by John Patrick, an exile living Tn this city. In which he said he knew who killed James Cockreil. being an eye wit ness, but declines to return to Jackson to testify unless the Governor will send company of militia to protect him, alleg- ing that a deputy sheriff attempted to as- sasssnate him and that persons who de- sire his death will kill him if he returns without the protection of troops.
 In his affidavit Moses Feltner tells in detail of alleged plots to kill Attorney J. B.. Marcum.
 In several instances he was to do the work he says and fearing to refuse, pre- tender to acquiesce. but warned Marcum each time so that the plans failed. He says he fears to appear on the streets of Jackson; that such state of lawiess- ness exists that there Is no protection to any citizen, especially to any who are not in sympathy with the County Judge and the Sheriff. He says he has been informed and believes it to be true that these officers have made efforts to have him assassinated.
 As for Marcum, he says that in last May he was invited to Judge Hargis' 6 office where he met John Smith and John Abner. friends of Sheriff Ed Callahan and County Judge James Hargis. He relates that they told him J. B. Marcum must be killed and he was the man to do it. He swears that he feared to re- fuse and met Hargis, Callahan and Smith that time.
 He says the plan as unfolded at the meeting was for him to go to Marcum's house, get him to come to the law office at night and after parting with him on getting where a shot gun was to be con- cealed, he should shoot Marcum in the back. He says Hargis gave him $35 to pay Marcum on account and handed him a shot gun and shells loaded with buck shot.
 He says he went to Marcum's house, warned him and then told them" that Marcum would not come out after dask
 He said that the next plan was fol him. John Smith and White to hide neal Marcum's house and shoot him when ht left on a morning he was to go to 6 warned Marcum and though they lay iE ambush Marcum did not appear. He says the next plan was for Tom White to shooi Marcum from Hargis Brothers store, but the Marcum carried his 4-months-olc baby in his arms and White would not fire. He says that suspicion finally fell upon him as warning Marcum and or getting a continuance of his case ir court he followed Marcum in flight. He says that he has returned to Jackson but fears to leave his room and that his attorney, Marcum. Is also a prisoner ir his own house through fear of assasslna- tion. He asks a continuance.
 In his affidavit. Attorney J. B. Marcun says he fears to appear at the court house or on the streets of Jackson near tho court house; that he has not been in his office but once since the 18th of July He says he has been outspoken against the parties who are accused of assassination or having assassinated Dr. Cox and James Cockrill on the streets of Jackson and that by reason thereof and by reason of his attorneyship in certain other cases pending in this court. he has incurred the enmity of certain dangerous and lawless men, and is afraid they will carry out their threats to assassinate him, which he believes they have made.
 He says the sheriff and his deputies are in attendance at this term of court and this applians is afraid to risk himself in their hands after receiving the informa- ton he has, all of which he believes to be true He asks that the case of Feltor and all others which he is attorney bt continued.