The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-05-10

I was afraid, unless he notified Marcum IN
time that the other three would kill him.
Finally Marcum got out of town and
atlantis case was continued. and he at once
left for Leslie County.
There were SO many plans fixed to do
the killing and failed that the parties be-
came suspicious that he was not in good
faith, and he became afraid of them and
left. Since learning that he was not in
good faith in his promise to do the killing
and had told Marcum about it, the parties
Implicated have become very much enrased
against afiant. he says. and have threat
ened, as he believes. to kill him.
He says that. suspccting that affiant
might tell Marcum of these plans. said par
ties told him IL he ever gave the plan
away they would swear that he had lied
and would send him to the P~enitentiary for
false swearing. and there were five of them
and only one affiant and the jury would be-
lieve them instead of him.
He says Marcum Is a regular practicing
attorney at this bar. and had been, before
| the occurrence NAMED, employed as the af-
fiant's attorney.
"Afiant says that he believes that said
| Marcum would be assasinated If he were TO
| appear on the streets about the Court
House during the present term. He says
| one reason assigned for killing said Marcum
was that he had to be put out Of the way
before certain suits in court came up for
! trial. and on account of his attorneyship in
! certain cases. He says he has not been
on the streets of said town since the June
term of said court, and Is now afraid to
| appear on the streets or in the Court
House.
He believes also that said Ma-cum would
be in danger were he to attend court. He
| says he does not make this affidavit for
delay, but that he may be able to Sc
cure the attendance Of and aid of his said
Il affnrnav ripnp whom hn 10 and hoe iaau
depending to represent him in court.
He says he does not know of any other
attorney in attendance he would be willing
to risk with the management Of his case.
that said Marcum is familiar with the facts
and law of the case. having represented
him in the Court of Appeals in said court.
COULD CIV OTHER REASONS.
IF NECESSARY.
Wherefore he asks that the said case be
continued. but II the court would be Of
the opinion that the grounds set forth are
| not sufficient. he asks that on the calling
Of the case for trial. II his witnesses are
| not present, to be permitted to file a sup
lemental affidavit for a continuance for
other grounds not herein stated
The Hargis-Cockrell feud grew out Of
the old ~Strong-Amy feud. which started in
Breathitt County a half century ago, the
last survivor Of which was Captain Bill
| Strong. He was killed ten years ago
while riding to church on Sunday morning
with one Of his grandchildren behind him.
At this time 1t was known as the Strong
| Callahan feud. and Ed. Callahan the pres
emit Sheriff Of Breathitt County. was the
| leader of the Callahan faction.
J. B. Marcum. the man murdered on
| Monday, was a nephew of Old ''BilF' Strong
| and his hatred OF Callahan and his friends
| was born in him.. The first clash in the
| third form of the feud which was the
| Hargis-Cardwell feud was when Jerry
Cardwell killed Hargis in a crowded railway
train on the Lexington and Eastern Rail-
road. Cardwell being a relative and friend
of Captain Bill Strong, who had only a
| short time before fell by the bullet of an as
sassin.
l Cardwell was prosecuted and sentenced to
tvo years in the penitentiary, but he way
J pardoned by Governor Bradley. -