The Birmingham age-herald., 1903-05-05
After Months of WatchfuIness Prominent Attorney IsFeIIed
 by gaNardIy Bullet
HAD JUST FILED PAPERS
 IN THE ELECTION CASES
While Talking to Friend Two Shots Come From the Court House corri-
 dor and Marcum Fell Dead.
 The Assassin Unknown.

Lexington, ky, May 4.-Just after he had finished filing papers, re-opening the contested election cases of Breathitt county the Hon. James B. Marcum was shot and killed by an unknown assassin. He fell in his tracks in the front en- trance of the courthouse at Jackson, Ky, and never spoke, death being almost in stantaneons. He fell within few yards of where Town Marshal James cockrell was shot down in July the assassin be- ing stationed in the courthouse In each Instance. Marcum was counsel for the fusionists who are contesting for the offices of county judge, sheriff and other places now held by democrats. As re- suit of his efforts and his sympathy with the Coclxrell faction in the Hargis-Cock- rell feud. he had for a year been gen. orally regarded as marked man.
 Various plots to assassinate him have been reported and sworn to in afhdavits. For seventy-two days last fall he was a prisoner in his own home. daring not even to go out on his porch. The bitter ness of the feud somewhat abated, how ever, and the election cases were allowed to sleep until Monday.
 Warnings Not Heeded.
 Despite warnings. Marcum felt safe in resuming his interrupted practice some time ago, and felt ecure in filing a motion to reopen st cases which had imperilled his life months before At $ o'clock this morning he went to the courthouse at Jackson and the papers were filed. He walked from the clerk's office to the front door of the court house facing the street, engaged In con- versation with Benjamin Ewini, a friend. The corridor stretching out to his back was full of men. Ewing was half leaning on Marcum's shoulder. The men had been talking about three minutes and It was S:30 o'clock, when a shot rang out in the rear of the corridor. Marcum stag gered and as he sank to the floor another shot was fired. The first bullet entered near the spinal column and passing through the breast and body struck the door facing him. The next shot passed through the top of his head and was aimed as he reeled. The shots appeared to come from a doorway or possibly from behind a doorway in the corridor, but as the passageway was closed amid con fusion, no one seemed to state accurate ly where the assassin was located. 
 Assassin Is Unknown.
 A telegram from County Judge Harris received at 830 o'clock tonight states that the assassin Is still unknown, after a diligent search, and no arrests have as yet been made even on suspicion. Marcum' s body lay for ten minutes untouched. Even his friends feared to approach the place. It was finally picked up by friends and carried to drug store opposite and from there taken home.
 Some say they saw the assassin run out of the rear door and it seems certain that he made his escape during the con fusion. It is generally believed that the assassin was recognized by some people, but no one has thus far exhibited the courage to name him, though this ques- tion is on every ones lips
 Marcum was trustee of the Kentucky State college, United States commission- CT of his district and represented the Lexington and Eastern railroad and other large corporations. He had practiced law in Breathitt county for fifteen years. He had avoided feuds and until he took charge of the election cases, which in- volved the Hargs faction. had been a friend of members of both factions. For three months. beginning last July he did not leave his home and after that for months was always accompanied by his wife and women friends or carried one of his children with him for protection. The funeral will take place in Mount Sterling, probably on Wednesday.