The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-19
Hareis Expect Acauittal. Cit
izens Expect Disagreement, and
the Court Ia NoncommfttaI.
PROSECUTOR BYRD's ARGUMENT
MERCILEss ARRANGEMENT OF THE
DOMINANT POLITICAL FACTION.
Apprehension Continues Ne no Condi.
tions After the Trial--0ther Fea-
lures OF the Situation.

Thomas White. charged with numbering ].
b. Marcum, has been unable TO agree on
O verdict. The case has been In the hands
of the jury all afternoon, and tonight IL
is stated that at least two jurors are hold
ing out for conviction while the others are
divided. most of them f~avoring acquittal.
The jurors went to bed early. and there
will be no report before tomorrow.
AS the jury retired at 1880 o'clock, IL Is
thought that the first ballot was taken be-
fore luncheon and there are conflicting re-
ports as TO the number Of ballots taken
during the afternoon and night, and as to
how they stood.
All hope Of conviction seems to have been
given up here tonight. The friends of the
prisoners are as confden as ever that there
will be no conviction. and they are even
hopeful of acquittal. but the general i'm
preston is that there will be no verdict
at all. and 1t is claimed IN that event that
there is no such probability OF bloodshed
and further acts Of arson as there would
be I'm the event OF conviction. as there
would be a general exodus Of members OF
the Cockrill faction. the widows
and orphans Of victims and others, and that
the dominant faction would be left without
formidable opposition in holding the town
as well as the county Offices Hereafter.
However, ii is not expected that the pros
ecution for the murder of Msrcum and
others will stop with this jury Although
court has been in session some weeks at
| great expense to the county and also to
the commonwealth, on account Of the
troops, IL is believed that State inspector
Hines Will make such a report TO the Cow
ernor as 10 secure other trials under differ
emf onn6iffnnG The naxf trials nrnhQ bIV
will be held by another judge, aid the
jurors will be drawn by different officials.
Business was practically suspended to
town everywhere and considerable carous-
ing, although the provost marshal. with
the ps.blind tigers closed Tn reign Of
terror still continues, with all sorts of ap-
prehensions as to the future and no hope
of any convictions under the present Of
HARGIs MEN JUBILANT.
The members of the Hargis faction were
almost %jubilant tonight over the unofficial
reports from the jury room. 1t was claimed
confidently that ten of the jurors were firm
ly for acquittal and that the other two
would be induced to join them tomorrow In
a verdict of acquittal. 1t is mentioned that
all of the men brought I'm for the panel from
which the Jurors were selected were brought
Al Dy oCP0tAto VI tAAEotc ~ ~
with the dominant faction, and that they
can be depended upon for the result that Is
After the jury reported no agreement to-
| night and was instructed by Judge Redwine
to continue it's deliberations. he stated that
he had never expected q verdict on the first
night, and that he will hold the jury over
In its deliberations at least until Saturday.
time. While a verdict is not generally ex-
pected, the course of the jury In occupy
ing so much time may not be taken as
mountain counties in important cases IL is
a custom of juries to deliberate at length.
probably. to lend weight TO their verdict.
1t is evident that Judge Redwine expects a
verdict tomorrow. After the jurors had
gone to bed officers of the military com
pany and visiting newspaper correspond
ents. who almost outnumber the officers.
were entertained at a banquet by Joseph
Head, jr, cashier Of the local bank.
The Jury spent the night at the Arlington
guard was also placed tonight around the
home of Commonwealth Attorney Bird.
When court convened to-day b. B: Golden
concluded for the defense and Common
wealth's Attorney Byrd made his argument.
When this case opened he announced that
he proposed TO do his duty, IL mattering
not who was hurt. He told how Even had
to be protected by soldiers. fearing that he
would be assassinated IL he ventured from
his home unprotected, how he had been
forced to remain under the protection or the
soldiers since the trial. The defense OBJ
jected frequently to his statements and in
some instances was sustained and the prose-
again objected to the statement of Byrd
that g motion had been made 10 dismiss
the jury, which was sustained. and Byrd
proceeded. He asked the jury to be willing,
IL necessary, to make the same sacrifice
that Captain Even had made for justice.
Raising his hand aloft and shaking IL
threateningly toward two prominent men
who sat i'm court. he said: Il want to give
warning to you and all OF your followers
that your bIoodthirsty dueis must stop in
Breathitt county. l leave this county and
its people. God knows they have suffered
enough; God knows the day has got TO come
when the arch-assassins, the men who are
the Whites. will be exposed 10 the world
and either sent to prison or to the moose"
MERcILEss ARRANGEMENT.
With clenched fists and shaking with
emotion Byrd walked toward the jury and
said: Gentlemen, you are on trial as well
as Jett and White and you must answer
to the bar of public opinion as well as the
bar of the Breathitt Criminal Court
You've got to do your duty or be piiloried
by public opinion"
Byrd followed the testimony with merci-
less precision and lauded Even as a man.
the superior Of whom in manhood does
not live. He was fierce in his denunciation
OF certain witnesses ana Diners Byrd
= ~
Hargis and Callahan as towards and said
their testimony showed sxiliful tissues OF
falsehoods from beginning to end. Re-
garding the testimony OF County Judge
Hargis he said:
THAT man is not only trying 10 protect
his nephew, Jet, from the galiows, but he
is trying TO protect his Owl nam by pre-
venting the conviction of Jett- Say 10 me
that because a man holds a position he
must be believed. i say no. Because Har-
gis is county judge and owns the big red
store across the way does not mean that
he would always Withstand temptation or
be entitled to any more credit than the
little boy who came here with the truthful
ness of childhood and told you the story OF
the murder"
In conclusion he said: Gwen has told
you the truth: he has faced death 10 do ~.
He has not lied TO save himself, but fear
lessly and boldly he has looked death in
the face and done his. duty to his county.
Jett has killed the man whom he says was
his friend; what would he do for those who
have come into this courtroom 10 tes.fy
against him. IL a verdict OF not gu,ity be
will be turned upon this county "A deluge
of death and assassination. foN cannot
release these men TO continue theis unholy
war against the lives and peace * this
community. To protect this beautiful 0ouD,
~ and wipe from its garments the Htrin
Of blood. you must cut of these two E>m-
bers of society that life in the com>Snity
may continue.
lett was visibiy moved. TeanS ere In
his eyes when Byrd closed and he was
trembling like a leaf.
After the cases OF Jett and White were
! submitted 70 the trial jury to-day nooE-