The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-08-15
Jury Fixes Punishment at Life
Imprisonment
THEY BOTH TAKE IT CALMLY
Attorneys for Defense Ask for New
Trial and Prosecuting Lawyers May
Not Oppose the Motion, as
They Have New Evidence.

Cynthiana, KY, August 14.-The jury
in the case of Curtis Jett and Thomas
White, charged with the assassination OF
James B. Marcum at Jackson, this morn-
ing returned a verdict of guilty, fixing
the punishment Of each at life imprison-
ment. The verdict was returned when
there were but few persons in the court
room. The only attorney present Was
County Attorney Webster. Jett received
the verdict with comparative indifference
and calmness. White, who has been ap-
parently under a severe strain during thd
trial, flushed up and his eyes filled with
tears. Attorney Golden for the defense
stated that a motion for new trial Will
be made as soon as possible.
The general opinion seems to be that
the motion will be overruled by the court
and that it will then go to the Court OF
Appeals. The verdict occasoned little SUR
prise here after the deliberation Of the
jury had been so prolonged. The only
question which caused the delay, it is
said, was that of punishment-death or
life Imprisonment. The verdict. on the
whole, is regarded as a victory for the de-
Tense, as the prosecution asked that ma
middle ground be taken, and that the men
either go clear or be hanged.
Trial Lasted Three Weeks.
The case has been on trial almost threa
weeks, having been begun July q. At ths
first trial at Jackson the jury disagreed,
and it is believed that the verdict today
was compromise with a juror opposed to
capital punishment The friends of Capt
b. l.. Even and other witnesses for thd
commonwealth who have suffered greatly
and were living in fear of their lives.
are greatly relieved They expected the
death penalty, which they were confident
would have been followed by confessions
from the condemned men exposing par
ties high In authority In Breathtt county
who are considered to be back Of the
conspiracy There have been twenty-seven
lives lost within the past TWO years In
the Hargis-Cockrell feud in Breathitt
county, and this is the first conviction.
No arrests or indictments had been made
until last May, when the troops were or
dered to Jackson to protect the grand
Jury and afterward the trial jury ana
witnesses.
lett is still under indictment for first
degree murder for killing Town Marshai
Cockrill Jett said last night the rope
had never been made with which to hang
him. but he made no remarks His friends
say he will have a new trial and even II
he fails in that effort he will take an
appeal.
Attorneys Had Nothing to Say.
The attorneys for the defense were abb
sent when the jury came into court anc
Judge Osborne sent for them. The court
asked them If they had anything to say
after the verdict was read. Attorney
Blanton and Golden for the defense said
they did not. The judge then said that ne
would adjourn court until go this AFTER
noon Then Golden objected as he de-
sired to leave earlier for his home at Bar
bourville Judge Osborne told them 10
make their motion for a new trial. The
attorneys then went to the office OF Blan-
ton and filed motion for new trial.
When II was announced that the jury had
come out crowd gathered at the court
room, but II was quiet and orderly, all
the mountain men having gone 10 their
homes At 10:45 a motion for new triai
was filed before Judge Osborne and ne
took the matter under CONSIDERATION When
court adjourned until p. m
During the afternoon Judge osborne
heard the motion of the defense for a new
trial The grounds set forth consist OF OBJ
iections TO evidence admitted for the COM
monwealth on various points ana the rui-
ing out of certain affidavits.
Attorneys for the prosecution nave not
vet decided whether they will oppose
the motion, claiming that II new trial
is granted. they will have more evidence
In addition to that submitted at the trial
Just closed.
The militia will continue on guard until
the motion is disposed Of by the court.
Dynamite In Cell.
winchester KY. August 1.-THE dis
covery of two sticks of dynamite In the
cell in the Clark county Jail formerly oc-
cupied by Curtis Jett. convicted assassin
of ]. b. Marcum of Breathitt. has given
rise to a story of a plot to release Jett
during the time he was confined here
awaiting trial. The dynamite was found
in a water pipe by the negro who Is the
only person who has occupied the cell
since Jett was removed The quantity
of explosive was sufficient to have blown
the Jail to atoms.
REPORTED LYNcHiNG DENIED.