The Montgomery advertiser., 1903-06-11
ADN!sx:.lED HE %cw MARCUM Z ~urtiS Jett Acknowledged
 the Murder. STORY OF MRS. JOHNSON Assassin Said He Was Hired
 by Judge HargiS. Witness Ewen Swears He Did Not Tell Sheriff Ed Callahan What
 He Saw for Fear of His
 Own Safety.

Jackson, Ky, June 10.-The third day of the trial of Curtis Jett and Tom White for the murder of Attorney J. B. Mar cum was distinguished by the evidence of B. J. Ewen. the first and leading witness of the Commonwealth.
 Jett and White are being tried jointly, the indictment charging them with delib- eration in a conspiracy in the murder. 1t is charged that White entered the court house while Marcum and Ewcn were standing together and as he passed them gave the signal to fire.
 Even testified to seeing White just be- fore and after Marcum was shot and to seeing Jett just after his victim was carried out of the court house. Ewen's testimony corroborated the statements he had previously made regarding both pris- oners and he withstood the most rigid and lengthy cross examination.
 In the morning when the witnesses were ordered out of the court room at torneys for the defense asked that Coun- ty Judge Hargis be allowed to remain. On the objection of attorneys for the Commonwealth being sustained, Judge Hargis retired with the other witnesses.
 Haggis's Daughter Present.
 When court reconvened In the afternoon the daughter of County Judge Hargis, the leader of the dominant feudists. occupied a seat beside the prisoners. At the af- ternoon sitting of the court one of the attorneys for defendants moved to dis pense with the presence of troops In the court room and were overruled.
 What is regarded here as very signifi- cant was the arrival today of Inspector Hines from Frankfort under orders from Governor BecNham. It is generally be- lieved that Inspector Hines will report as to how the trial is conducted SO far as Judge prosecutor. jury and all off, cials are concerned, and much interest is taken in his presence.
 B. J. Even was the first witness, Ewen said he saw Marcum in the court house door and stopped to talk with him. Tom White passed by them, looking at Mar cum. passed just outside of ths. door and looked back and then passed on. Marcum said, I'm afraid of that fellow, he means to do me harm"
 An instant later witness heard pistol crack. Marcum, who had his arm on witness shoulder released his hold and dropped to the floor exclaiming: "Oh, Lord! Oh, Lord! They've killed me-"
 Witness looked back and saw Curtis Jett with a pistol gripped in both hands. "T then fled out of the door," Ewen said "as I thought 1t was I he was after when a second shot was fired. 1 saw Jett come out of the side door, walk around and look into the door where Marcum lay"
 It was o'clock when the cross exami- nation of Ewen was concluded and he was excused with the understanding that he might be recalled by the defense.
 Ewin's Evidence Unshaken.
 His testimony in response to Attorney Goldens rapid fire of question was quite as strong and damaging to the defendants as on direct examination. The defense failed in an effort to lay grounds for i'm peaching his testimony by questions as to h {e gpta ad akN He pronounced as lies, reports that he had attempted suicide and said he was never mentally deranged. He said that he had never told Sheriff Ed Callahan and County Judge Hargis what he had seen when Marcum was killed because he feared to- He left lnem under the inn pression that he did not see Jett and appeared to accept and endorse Hargis's story of the killing. On redirect he said that fear for his own safety prevented him from allowing Callahan and Hargis to know what he had seen. This state ment from a deputy sheriff of the county who has lived A prisoner in his home through fear and been under military guard when awake or asleep for several weeks, produced a visible impression in the court room. He told of making a search of the court house shortly after the assassination and finding no one. He had seen the assassin. but dared not say so.
 Little was brought out by the exami- nation of Judge J. J. c. Bach, the next witness. He saw White come out of the court house as described by Ewen and saw Ewen look back when the first shot was fred He was not shaken on cross examination.
 Jett and White Together. Five minutes before Marcum was assas- sinated, Attorney John Patrick. who fol- lowed Bach. said he saw Jett and White conversing in front of the court house. He saw Jett go into the court house sev- eraI minutes before the shooting A min ute or SO after Marcum fell he saw Jett leave the court house by a side door. Lat CT he saw Jett and White walk to the bridge and there saw them talking with Mrs. Marcum Johnson. Marcum's sisteh. His testimony was corroborated by Kel- ly Rash. who occupied the same law of flee. Nothing was developed on the cross examination of either of them
 County Attorney w. H. Blanton was the next witness. He saird he was stand | ign with Sam Taulbee when the shots were fired. He could not see the assassin. He saw Ewen turn his head as though | looking into the corridor
 The last witness of the day was Will liam Combes. He is a wealthy farmer. 1 He said Jett came out the side door of the court house soon after the shooting and that he walked toward the Jail. | Other witnesses had said that Jett walk | ed in the opposite direction.
 Court adjourned until tomorrow morn- | ing.
 Startling Statement.
 Tonight Mrs. Mary Johnson, sister of the murdered attorney. made a statement which is even more startling than Ewen 6 admission. Tn his statement this morning Commonwealth's Attorney Byrd said that it would be proved that Jett admitted to Mrs Johnson that he killed MarcGin. Tn the evidence this afternoon it was stated that Jett and White fere seen talking to Mrs Johnson at the bridge. Mrs. John son tonight confirms what Byrd said would be her testimony. adding that she feared to tell this earlier believing that she would be assassinated.
 AS I was returning home shortly after | the killing" she said, T was overtaker ! sy Jett he spoke to ne and said: 'Jett