The Birmingham age-herald., 1903-08-04
Defense Puts Several Witnesses on Stand in Famous Breathitt
 County Murder Case
SAYS HE DID NOT AID
 IN THE ASSASSINATION
Tom White Admits Being in the Court House, But Insists That He Did Not Come to Town With
 curtiss Jett.

Cynthiana, Ky, August s-1n the case of the commonwealth vs. Jett and White, now on trial here for the murder of J. B. Marcum on May 4. Bruce Little. a special bailr of the Breathitt County Circuit court during the first trial of Jett at Jackson. testified that he and several men, with soldiers, captured Tom White after an eighteen-mile ride over the moun- tain one night. at O clock in the morn ing. After he was taken White said to Little: Tn a few minutes more you would not have gotten me- as I would have left here"
 Woodson McChord, sheriff of Clark county, was called. He testified that he arrested Curtis Jett on Sunday morning. May 10. in Madison county,at his mothers house; that after being arrested he asked for whisky which was not given him. and Jett said: "I sorry to be arrested | on Sunday as l would not be taken to 1 Winchester If arrested on another day. | could be taken to Jackson, where I would 1 be all right"
 None of Ills Business.
 Witness said he asked Jett where he was when the killing occurred and Jett | replied:
 "None of your damned business.
 W. H. Blanton, who was recalled by the prosecution, testified that in a con- versation with Captain Ewen the day af- ter the shooting of James B. Marcnm Ewen told him who did the killing on the previous day.
 At 10:is, after having presented forty two witnesses, Commonwealth's Attorney Byrd announced that the commonwealth rested the case. and Judge Osborne ad- journed court until 1:30 D. m. 10 allow the defendants attorneys to consult with their clients. The defendants will intro duce about twenty witnesses more than they used at Jackson.
 On the converting of court this after noon, Curtis Jett, one of the defendants. was placed on the stand and interrogated by Judge James D. Black of his counsel He said he was friendly to J. B. Marcum and with the exception Of a few words with him some four years ago. they had always been friends
 corroborated Barney schlff.
 He corroborated Barney Schin. who tes- thed for the prosecution that Jett was talking to Joe Moore and himself before 1 the killing. Jett said after the shots 1 were fred he walked into the court house and looked about nut seeing noth- ing, returned by the side door, the way ne enteTtut. BHu Wenl dcToSS Nit slIttts and that ke did not aid in killing Marcum who was then dying, around whose body | many were rushing to give help. lett said he saw Ewen running around the courthouse. He, few minutes after thIs, saw Tom White on the street and with him went down town to place near the depot. where they crossed the river and visited his Grandmother Hargs, mother of Judge Hargis. and there had dinner. ba Johnston vun asked him if he had killed her brother He told her he did not, put that they would accuse him of it. He and White both came back that evening to town and went to Freeman's saloon and called for beer Before he left town that morning he bought a bottle of whisky at Goedloe Combs and took part Of 1t to his grand mother. Jetts testimony corroborated many other witnesses who have testified for the prosecution as to his actions on that fateful day.
 Denies Various Connections.
 He denies having conversations with witnesses who declared the witness stand he had spoken to them about the murder of Marcum. He gave full ac- count of his action up to the time of his arrest. The defendant showed his right hand to the jury, upon which two joints of the ring finger were taken of few weeks before the shooting by working with saw logs.
 The main feature of the day was the l cross examination by Thomas Marcum Of | Thomas White who was next placed on the stand by the defense. Mareum Is one of the attorneys for the prosecution i He is a brother of the dead man and re- ] sides at Muscogee. I. T. White came from place eighteen miles from Jack son. looking for work. according to his testimony. and did not get if although he had tried for two days. His testi mony corroborated several other wit nesses for the prosecution who said that he had gone into the side door of the court house and had come out the front door
 Told Same Story as Ewen.
 This was Ewen's testimony. and agreed with that of Miss Clarte and Miss Raw lins, who testified Saturday. Ewen said that White turned and leered at Marcum l as he came from the courthouse and White did not deny that he had turned and looked at Marcum as he passed ont the front door His testimonay corrobo- rated Mrs Horde, another sister of Mar | cunn's. who said that he and Curt Jett came into her house on Sunday afternoon looking for her brother. only that White l said that Jett was not the person with him at that time. White says after din- ner the day Marcum was killed he left Jett at his grandmothers. while Jett says that they both came to town together late | in the afternoon. He said he was look ing for Callahan immediately before tho shot was fired and and that was his | reason for going into the court house. Miss Clarke on Saturday testified that she saw Sheriff Callahan in front of Hargis store. immediately before the court house. seated in rocking chair until after the shots were fred when | L ...t~ ..~ffb