The Birmingham age-herald., 1902-11-11
Prominent Kentucky Attorney
 Fears to Attend Court
SENSATIONAL AFFIlAVITS
One Man swears He Was Forced On Several Occasions to Help In Plan to XIII the Lawyer, But Man
 aged to Warn Him.

Lexington Ky, November 1o.-Two of the most sensational affidavits ever filed in Kentucky court have just been placed on record at Jackson, Breathitt county. That county is the scene of the Hargis- -Cookrill feud, and within it's bor- ders thirty men have been killed during the past year.
 A number were assassinated and ac- credited to one or the other factions, while several men are exiled from the county because of their fear of assassina- ton. The affidavits are by Attorney J. B. Marcum and Moses Feltner, his cli- ent, accused of the killing of Jesse Fields. The purpose of the affidavits Is to secure a continuance in the case of FetneI ] They follow on the heels of sensational statements contained in a letter written to Circuit Judge Redwine, of Breathitt county by John Patrick, an exile living in this city, in which he said he knew who killed James Cockrill, being an eye witness but declines to return to Jack son to testify until the governor will send a company of militia to protect him, al- leging that deputy sheriff attempted to assassinate him and that persons who de-
 
 without the protection of troops.
 Various Plots to Kill.
 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- tended to acquiesce but warned Marcum each time so that the plans failed. He says fears to appear on streets of Jackson that such state of lawlessness exists that there is no protection to any citizen, especially to any who are not in sym pathy with the county judge and the sheriff. He says he has been informed and believes it to be true that these of- ficers have made efforts to have him as- sassinated.
 As for Marcum he says that in last May he was invited to Judge Hargis' office, where he met John Smith and John Abner, friends of Sheriff Ed Calla- han and County Judge Hargis. He re- lated that he told him Marcum must be killed and he was the man to do 1t. He continues that he feared to refuse and by appointment met Hargis Callahan, Abner and Smith that night. He says the plan as unfolded at the meeting was for him to go to Marcum's house, get him to come to his law office at night and after parting with him on the return trip where shotgun was to be conceal ed, he should shoot Marcum in the back. He says Hargis gave him $35 to pay Mar cum on account and handed him a shot gun and shells loaded with buckshot He says he went to Marcum's house, warned shim and then told them that Marcum would not come out after dark.
 Another Plan for Murder.
 He says the next plan was for him, a Fr- Irrl.4 N.H IL Marcum's house and shoot him when he left it on a morning he was to go to neighboring town. Again he says he wafned Marcum and though they lay in ambush Marcum did not appear He says the next plan was for Tom White to shoot Marcum from Hargis Brothers store, but that Marcum carried his four months-old body in his arms and White would not fire. He says that suspicion fin- ally fell upon him as warning Marcum and on getting a continuance of his case in court he followed Marcum in flight. He says he has returned to Jackson but fears to leave his room and that his attorney, .Marcuem, is also a prisoner in his own house through fear of assassination. He asks a continuance.
 In his affidavit Attorney J. Marcum says he fears to appear at the court house or on the streets of Jackson; that he has been in his office but once since the 18th of July. Says he has been outspoken against the parties who are accused of assassination or having assassinated pr. Cox and James Cockrell 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 1awless men and Is afraid they will carry out their threats to assassinate him. He says the sheriff and deputies are not sufficient to protect life at the terms of court and he is afraid to risk himself in their hands. He asks that the cases of Felton and all others which he Is attor- ney for be continued.