Omaha daily bee., 1903-06-17
FEUD DEFENSE CLOSES CASE
Witnesse,' Prosecution vaiply Sought Aid
Attempt to Prove Alibi.
ARSON SUSPECTS FREED BY GRAND JURY
No Indictments Are FOrthconinE and
People Now Fear that Murder
Panel May Also ne In
Inundated.


were disposed Of today. when Crawford and
Tharp, teamsters for County Judge Hargis,
were set free, no indictments being returned
| by the grand jury, and there is some pros
| pect of the murder cases closing In the
same way tomorrow, when Jett and White
may also be released.
| II is stated by those who will talk even
secretly on the matter that the grand jury
was composed of residents Of Breathitt
| county, drawn by those who are identified
with the dominant faction, and that no in
dictments for anything were consequently
expected. on the other hand 1t is pointed
out that the Jurors in the case of Curtis
Jett and Thomas White are from another
county and that verdict of conviction may
| be possible.
| The secret departure of part of Ewen's
family and arrangements for the rest to
get away indicates a feeling that Ewens
| life Is not safe even after all his property
has been destroyed.
In addition to subscriptions to the fund TO
aid the Ewens from different parts Of Ken
lucky and other states Mrs. Mary Shreve
Ransom OF Louisville today offered them a
house in her city for year free of rent A
petition was circulated at Lancaster, Ky,
for Governor Beckham to recognize a
legislative appropriation to reimburse Cap
I
inducements TO locate in that city.
Hangs on Judges Charge.
The defense closed it's testimony this
afternoon and there is now great interest
in anticipation of the charge that Judge
Redwine will give to the jury. 1t is be-
lieved the verdict will greatly depend on
what the court says before the jury re-
tires
FThAra fu a
testimony offered by the defense. especially
that OF Judge Hargis and Sheriff Callahan.
who were standing across the street when
Marcum was killed. While the witnesses
yesterday consisted of the defendants
themselves and their friends, those today
consisted of the relatives employees and
close friends of leaders Of the Hargis fac
ton and the drift of all was to prove an
alibi for the prisoners.
When the commonwealth closed it's testi-
mony last week Il was announced that 1t
was because some of it's witnesses could
not be found. among them John Smith and
John Abner, charged with being in the con-
spiracy with the def andants to get Marcum
out of the way The troops chased all over
the mountains to find these witnesses for
the prosecution, but in vain. Consequently
1t was the more noticeable that these same
men were on hand for the defense today of
their own accord and denied emphatlcally
the statements in the affdavits OF Marcum
and Moses Feltner regarding plots and ef-
forts to get Marcum out of the way.
The defense today placed DIR. ]. NJ Kash
on the stand. He testified that he saw lett
on the walk at the corner OF the court
house ten seconds before the shots were
fired.
Judge HarEis on stand.
County Judge James Hargis. an uncle of
Jett and the Ieputed leader of the Haruis
faction. said, he saw White walk out of the
courthouse door and one-third across the
street before the shot was fred i
when I heard the first shot saw Even
pitch out Of the door and run. then saw
Marcum fall. saw Judge Blanton an
proaoh the wounded man. l saw Curt
Jett approaching the scene Of the tragedy"
He did not know who killed Marcum but
there were several ways in which an as
sassn might have escaped from the court
house.
. Cross examined by Attorney Byrd, HargIs
said he saw nothing unusal in Whites
action when he came out of the door.
Did you see Jett anywhere when the
shots were fired" asked Byrd
NO"
Sheriff Callahan was in Hargis' store
looking out OF the window when the muir
der took place. He saw Even jump out OF
the door and run and Marcum staEger and
fall. He saw Jett near the courthouse
walk at the corner. He said he saw some
one in the hallway of the courthouse. but
could not tell who 1t was. He did not see
White come out Of the door, but saw him
across the street when the shots were fired.
James Back another witness for the de-
fense, admitted that he expected to set pay
for testifying.
John Abner, a broth er-in-law of White
denied any knowledge of conspiracy 10
murder Marcum, as alleged by Mrs. John
son. and denied that he entered into any
contract with Nose Feltner to assassnate
Marcum or that he furnished Feltner anv
money or gun.
John Smith said he was eighteen feet
from the courthouse door and saw White
come across the street toward the HarqIs !
store saw Even run and Marcum fall. He |
saw Jett about ten seconds before the
shots were fired.
Smith is ono OF the men that Marcur
said was In the plot to assassinate him.
Raise Money for Even.
LEXINGTON, KY. June ls.-LexinRton |
newspapers have raised $500 by subscrip- |
ton for Captain Even, whose propertv |
was burned Sunday at Jackson. Citizens |