The Montgomery advertiser., 1903-05-05
HIS SLAYER NOT CAPTURED
Hargis-C0ckrell Feud in Ken
 lucky May Break Out.
n@ Mans Sympathy Was With the ter and His Activity as At torney in Election Case
 Caused Murder.

Lexington, ky, May 4.-Just after he had finished filing papers reopening the contested election cases of Breathitt County, Hon. James B. Marcum was shot and killed by an unknown assassin. He fell in his tracks in the front entrance of the court house at Jackson, Ky, and nev- CT spoke, death being almost instantan- eous.
 He fell within few yards of where town marshal James Cockrell was snot down in July, the assassin being stationed in the court house in each instance.
 Marcum was counsel for the Fusionists who are contesting for the offices of Coun- ty Judge. Sheriff and other places now held by Democrats. As a result Of ms efforts and his sympathy with the Cock rell faction in the Hargis-C -Cockrell feud. he had for year been generally regard ed as marked man."
 Plots to Assinate Him.
 Various plots to assassinate him have been reported and sworn to by affidavits. For seventy-two days last fall he was prisoner in his own home, daring not even to go out on his porch. The bitterness or the feud somewhat abated. however. and the election cases were allowed to sleep slntil Monday.
 Despite warnings, Marcum felt safe In resuming his interrupted practice some time ago and felt secure in filing motion to reopen the cases which had imperiled his life months before. At o'clock this morning he went to the court house at Jackson and the papers were hled. lie walked from the clerks office to the front door of the court house facing the street, Engaged in conversation with Benjamin Ewing, a friend.
 The corridor stretching out to his back vas full of men. Ewing was half lean ing on Marcum's shoulder. The men had heen taIlinr about three minutes and 1t was S:S0 o'clock when a shot rang out In tie rear of the corridor, Marcus stag xered and as he sank to the floor another shot was fred
 The first bullet entered the back to the rtrbt of the spinal column and, passing through the breast and body. struck the door facing behind him. The next snot passed through the top of his head ana was aimed as he reeled. The shots ap" nsared to come from a doorway or pos sibIy from behind in the corridor. but as the passage was quickly cleared amid great confusion, no one seemed able to state accurately where the assassin was located.
 Assassin is Unknown.
 A telegram from County Judge Hargis, received at s:30 o'clock tonight. states that the assassin Is still unknown. afteI a diligent search. and no arrests nave as yet been made even on suspicion
 Marcum's body lay for ten minutes - untouched. Even his friends feared to approach the place Men feared to touch the body It was finally picked up by friends and carried to a drug store oppo- site, and from there it was taken home. Some say they saw the assassin run out of the rear door, and 1t seems certain that he made his escape that way dur ing the confusion. It is generally be- lieved that the assassin was recognized by some people. but no one has thus far had the courage to name him. though this question Is on every ones lips.
 Marcum was a trustee of the Ken lucky State College United States Com missioner of his district and represented the Lexington and Eastern Railroad and other large corporations. He had prac- ticed law in Breathitt County for sev- enteen years. He had avoided feuds ant until he took charge of the election cases, which involved the Hargis fac tion, had been a friend of members of both factions. For three months, begin ming 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.