The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-16

jackson. KY, June 13.-The prosecu-
tlon IN the case of Curtiss Jett and
IhomaS White, charged with killing
Attorney ]. 3. Marcum, rested early to-
day and the defense secure a contlnu-
ance until Monday on account of the
absence OF witnesses. AS the state oc-
cupied only a little more than two days
III its testimony. it is thought that the
case will go to the jury next Wednes-
day.
The prosecution was compelled to
close with the attendance of material
witnesses to prove conspiracy. 1t is
conceded that these witnesses. in some
cases have fled, in other cases are
in hiding. 1t is claimed that thev are
afraid to testify and there is a general
impression that jurors are also appre-
hensive for the future Many reasons
are advanced for the current opinion
that there is not likely TO be conviction
IN the case. The defense asked for
peremptory instructions dlsmissing the
case and Thomas Marcum brother of
the dead man. argued at length against
the motion. and Judge Redwine over
ruled 1t. The court, however granted
the motion for argument until Monday.
SO that the defense could bring in it's
witnesses. Curtis Jett. ~~hO has been
confident all week ie more confident to-
night than ever that he will be acuuit-
ted. while Thomas White continues de-
spondent. The friends of the prisoners
are evidently hopeful of acquittal
When court reconvened this after
noon the defense asked for a continu-
ance until Monday on the ground o.
absent witnesses. Commonwealth At
torney Byrd agreed, to avoid reversible
error. and the court adjourned until
Monday 1t is believed the case will
be completed by Wednesday,
jackson, KY, June 13.-Common-
wealth Attorney Byrd stated at the re-
sumption of the trial of Jett and White
today, that the detail sent out last night
TO arrest ana bring into court Henry
Freeman, a ba-iy wanted witness, had
returned without the man. Lieutenant
Cannard and Deputy Whitaker. sent by
the commonwealth, say that Goodloe
Combs went along on the orders of
Judge Redwlne, and to the surprise of
the soldiers, when within q hundred
yards of Freemans house he ran and
fired two shots. He claimed that he
saw something in the road. When the
soldiers arrived at Freeman'S house he
was not there. Evidence that Freeman
had run away when he heard the shots.
were that some garments had been left
behind. and his imprint in the bed was
1reSh. His wife admitted that he had
been there, and she was held, but Judge
| Redwine refused to have her as q wit
| ness. The anti-Hargis people say that
| Freeman is an important witness, and
| they feel that he has been hired to re-
| main away from court. Mr.. Byrd says
| he would have to close the care without
| Freeman, and submitted the case of the
| commonwealth. Attorney O'Nei1. for
| the defense. moved for peremptory in
StructionS, diSmiSSIng the defendants
| Judge Redwine excused the jury to
| hear the arguments on the motion.
| Attorney Golden made a long address
| and by his vigorous manner showed
| none of the effects % the illness on
| which he asked for a continuance OF
| the case yesterday. Thomas Marcum
| took his first prominent part in the
| case by replying to the motion. His re-
| ply was very strong and intensely dra-
| matte. ONeil replied to Marcum. The
| motion to instruct the jury to acquit
| White was overruled. White heard the
| arguments with tears IN his eyes and
was extremely nervous when they
| closed.