The Savannah morning news., 1903-06-14
BIRD HAD FLOWN
IMPORTANT WITNESS GONE WHEN
THE POSSE ARRIVED.
SIGNAL SHOTS WERE FIRED
TO GIVE THE SLEEPING FREEMAN
THE ALARM.

Prosecution of Jett and White
Could Not BE Had 1t Was An
nOunced That the Commonwealth
Would Have to Rest Its Case-De-
Tense Asked That Verdict of Ac-
quittal he Directed, But Judge
Redwine Did Not Take That View
of 1t.
Jackson, KY, June 13.-The prosecu-
ton in the case of Curtis Jett and
Thomas White. charged with killing
Attorney j. b. Marcum, rested early
to-day, and the defense secured a con-
tinuance until Monday. on account of
the absence of witnesses. AS the state
occupied only a little more than two
days in its testimony. it is thought that
the case will go to the jury next We'd
nesday.
The prosecution was compelled to
close without the attendance of mate
rial witnesses to prove conspiracy.
1t is conceded that these witnesses. in
some cases, have fed, and in other
cases are in hiding 1t is claimed
that they are afraid to testify, and
there is a general impression that jul
rors are also apprehensive for the flu
ture.
! Many reasons are advanced for the
current opinion that there is not likely
to be a conviction in the case. The
defense asked for peremptory instruc-
tions Diminishing the case, and Thomas
Marcum, brother of the dead man. ar
gued at length against the motion,
and Judge Redwine oveTruled 1t. The
court. however, granted the motion for
argument until Monday so that the
defense could bring in its witnesses.
Curtis Jett, who has been confident
all the week, is more confident tonight
than ever that he will be acquitted,
while Thomas White continues de-
spondent The friends of the prison
ers are evidently hopeful of acquittal.
| At the resumption of the trial of
Jet and White, Commonwealth
Attorney Byrd stated that the
detail sent out last night TO
arrest and bring into court Henry
| II IGCitldlls a Bdniy WunANA 01AtNH7g ARA
returned without the man.
| Col. Cannard and Deputy Whitaker,
| sent by the commonwealth, say that
! Goodloe Combs went along on the Or
| ders of Judge Redwine, and TO the sur
prise of the soldiers, when within a
| hundred yards of Freeham's house, ran
and fired two shots. He claimed that
he saw something in the road.
When the soldiers arrived at Free
| ma ~ hnffCn q nnf there FVf-
| dences 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 fresh
His wife admitted that he had been
| there, and she was held, but Judge
Redwine refused to have her as a wit
ness.
The anti Hargis people say that Free
man is an important witness, and they
! feel that he has been hired to remain
away from court.
Announced the Case Closed.
Mr. Byrd said he would have to close
| the case without Freeman and sub
| mitted the case of the commonwealth.
Attorney O'Neil for the defense moved
| for peremptory instructions. dismissing
the defendants. Judge Redwine excus-
| ed the jury to hear the arguments on
the motion.
Attorney Goluen maze long ad-
| dress, and by his vigorous manner
showed none of the effects of the i'll
ness on which he asked for a contin-
uance OF The case yesterday.
Thomas Marcum took his first
prominent part in the case by reply
ing to the motion. His reply was very
| strong and intensely dramatic. O'Neil
replied to Marcum.
The motion to instruct the jury to
acquit was overruled.
White heard the arguments with
tears in his eyes. He was extremely
nervous when they closed
When court reconvened this after
noon the defense asked for a contin-
uance until Monday on the ground Of
absent witnesses. Commonwealth At
torney Byrd agreed, and court adjourn
ed until Monday. 1t is believed the
case will be completed by Wednesday.