The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-06-14
Jstt Feels Hopeful Of an
AcquittaI
WHITE is VERY DESPONOENT
Kentucky Trial Is Continued for Lack
of Witnesses-Jury Is Uneasy and
There Is Much Speculation
on the Result.

Jackson. Ky. June 13.-court was con-
vened this morning by Judge Redwine and
the trials of Jett and White, charged
with the assassination of Attorney James
B. Marcum resumed CommonweaIth's
Attorney Byrd stated that he detail sent
out last night to arrest and bring into
court Henry Freeman, a badly wanted
witness had returned without the man.
Lieutenant Cannard and Deputy Whitta-
ker. sent by the commonwealth say that
Goodloe Coombs went along on the orders
of Judge Redwine and to the surprise OF
the soldiers when within a hundred yards
of Freeman's house he ran ahead and
fired two shots. He claimed that he saw
something on the road. When the soldiers
| arrived at Freeman's house he was not
there. Evidences 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 witness.
Witnesses Hired to Keep Away.
The anti-Hargls people say that Free
man Is an important witness and they
feel he had been hired to keep away
from court. Mr.. Byrd says he would
have to close the case without Freeman
and submitted the case of the common
wealth. Attorney oNeal for the defense,
moved for peremptory Instructions dis
missing the defendants Judge Redwine
excused the jury to hear the arguments on
the motion.
Attorney Golden made lengthy ad-
dress, and by his vigorous manner show
ed Of tha affectg NJ fbo
which he asked for a continuance of the
case on yesterday. Thomas Marcun took
his first prominent hand In the case by re-
plying to the motion. His reply was very
strong and intensely dramatic. O'Neal re-
plied to Mareum. The motion to acquit
Whit oyerrued
White Listens With Tears.
White heard the arguments with tears
in his eyes. He was extremely nervous
when they closed
The prosecution rested early in the day,
and the defense secured a continuance un-
til Monday on account OF the absence of
witnesses. As the state occupied only a
little over two days in It's testimony, It Is
thought that the case will go to the jury
next Wednesday,
The prosecution was compelled to close
without the attendance of material wit
nesses, so far as proving conspiracy that
involved other than the defendants is con-
cerned. 1t is conceded these witnesses In
some cases had fed, and In other cases
are hiding. It is claimed they are afraid
TO testify and there is a general impress
sion that jurors are also apprehensive for
the future.
Many Reasons Advanced.
There are very many reasons advanced
for the current opinions that there is not
likely to be a conviction in the case. StiI
there Is much speculation as 10 what
might happen in the event of conviction
and subsequent confessions that would
involve prominent people in Breathitt
county. In resting. commonwealth's At
torney Byrd said 1t was because they
were unable to bring in Witnesses The
defense then asked for peremptory in
structons, when Thomas Marcum, BROTH
er of the murdered man. argued at length
against the same, and Judge Redwine
overruled the motion. lie, however.
granted the motion for adjournment un-
til Monday so that the defense could
bring In It's witnesses.
Curtis lett who has been confident al
the week, is more confident tonight than
ever that he will be acquitted. while
Thomas White continues despondent. The
friends Of the prisoners are evidently
hopeful of acquital.