The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1903-08-11
TESTIMONY IS ALL TN.
The Defense in the Marcum MUIR
der Trial Rested.
Eight Arguments Will Be Made, Four
For the Prosecution and Four For
the Defense-Case Will Go to
the jury in a Few Days.

afternoon capt. b. b. Golden, one or
the attorneys for the defense, an
nounced that their side rested as to
evidence in chief.
In the case of commonwealth of
Kentucky against Curtis Jet and Tom
White, on trial here for the killing of
James B. Marcum, the day was prin-
cipally taken up in the impeacning of
the morality and truthfulness of Capt.
B. j. Even, one of the main witnesses
for the prosecution. Some rs wit
nesses from his own county and other
witnesses from Powell county where
he resided until he moved to Jackson.
some ten years ago, testified that his
morality was bad as we'll as his repu-
tation for truthfulness. At the same
time some of them testified that he
was church goer, a constant attend
ant on Sunday-school. that he never
drank whisky or gambled at all.
Many of them were confused on
cross-examination especially those
from Breathitt county, by the fact of
their being strongly allief to the Har-
gis faction in Breathitt county, and at
tempting to prove what was said to
them about Ewen's character by men
who had a criminal record. The best
impeaching evidence was offered by
number Of citizens of Powell county,
including among their number the
county Judge, the sheriff and others
who had the appearance of being we'll
to do men who testified to Ewen's bad
reputation as to morality and truthful
ness among his neighbors, although
each of these witnesses as far as their
personal opinion was concerned testi-
fed without exception that he paid his
debts promptly, never drank, never
gambled and attended church regu
larly while residing among them.
Tickle" Jim Bach, who testified
several days ago for the defense, was
contradicted by the witnesses Russell,
for the prosecution, and also by CT
Holland. Tickle swore he had seen
the killing several days ago. and these
witnesses say that Tickle told them
that he did not see the killing and that
he was glad he did not see it.
The commonwealth is making prep
arations to swear out warrant for
the arrest of Tickle Bach and John
L. Noble. called RAT Ankle" They
will be charged with false swearing,
Cynthiana, KY, Aug. Sin the ia
nous case of the commonwealth of
Kentucky against Curtis Jett and
Thomas White, after II days trial of
the case. and in which all points were
holly contested by able attorneys rep
resenting both sides, the common
wealth rested it's case on rebuttal at
4:01 Friday afternoon. The defense
at 4:30 announced that they were
through with their side of the case.
The day was entirely taken up in
introducing witnesses on rebutIal by
both sides and at times very acrimoni-
Gus debates were had by the opposing
counsel on disputed points at law.
Robert Davidson, Abner Eversole,
James B. Little, Abe Short, L. T. b.
lin, Robert Fulkerson, Hardin Child
ers, Wiley H. Combs, n E. Combs, j.
H. Blanton and M. Forbes, witnesses
for the rebuttal on prosecution, all OF
whom presented a very respectable
appearance, testified to the good char
acter and truthfulness of B. ]. Even,
the leading witness for the prosecu-
ton and the only one who testified
that he saw the man who fired the shot
that. killed Marcum. They were rig
idly cross-examined but stood their ex-
animation well.
Joe Moore was placed on the stand
by the defense to prove that on the
morning of the killing Jet was hold
ing his hand in such a manner to his
front side as to indicate that the right
hand was crippled. One Of the grounds
of the defense is that Jett's hand was
so crippled by being mashed by log
a few weeks before the killing of Mar
cum, that it was a physical impOssi-
bility for him to use pistol
Eight arguments will be made in the
case. four on each side. Messrs. j. l.
Blanton, w. T. Lafferty, B. B. Golden
and James D. Black will speak for the
defense. Messrs Thomas D. Marcum,
brother of the dead man, and crimi
nal lawyer of some note in Muscogee,
I. T.. and County Attorney ]. Stanley
Webster, Col. A. F. Byrd and Common,
wealths Attorney Fryer will address
the jury for the prosecution. The ar
guments will begin in the case Satur
day morning at $50. Instructions we're
not given to the jury Friday evening,
but will be read to them Immediately
upon the converting of court Saturday
morning and before the first argu-
ment.
Will Be Opened Next Month.