The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1903-06-26
FEUD JURY FAILS TO AGREE.
After Thorough Consideration OF
Evidence They Are Unable to
Reach Verdict.


o'clock Friday morning the jury
in the Marcum murder trial filed
into the courtroom and Foreman Rich
ard Willard said: your. honor, we
find there is no chance of coming to an
agreement"
Judge Redwine said: 81 will have to
keep you gentlemen together until
Saturday night unless you get YER
dict sooner. There is no reason why
a verdict should not be reached in
this case"
Juror Willard said: Zone man has as
much right to his opinion as another
and he may stick to it,"
1t was believed from this that there
was only one man between the verdict
of guilty or not guilty and it was con-
coded that only one juror was
then for conviction and it was
said that the question of pun
ishment had not been considered
at all. Later the jury again reported
it was unable to agree and shortly
after nine o'clock it was discharged
so that there will be another trial.
The dominant faction evidently eX-
pected an acquittal but there was at
least one juror who would not so re-
port.
The scene after the announcement
was in no wise exciting. Some started
to clap hands, but were stopped by the
court. The guards took immediate
possession of the prisoners and they
were closely guarded back to Jail.
People gathered around the court
house in knots discussing the case,
but there was no disturbance, no
outward sign of trouble. Jett and
White are to be watched closely to pre-
vent any sort of communication. 1t is
feared there will be an attempt made
to either rescue the prisoners or to
dispose of them, but this is practically
impossible on account of the guards.
Attorney Byrd, after consultation
at ten o'clock, made motion for a
change of venue. Judge Redwine re-
| fused to hear arguments, but of his
own accord changed the venue to Gym
thiana, Harrison county, at the next
term of court. Cynthiana is not in
Judge Redwine's district. He sur
prised the spectators by at once order
| ing the prisoners sent to Lexington
under a detachment of soldiers and ac-
companied by Elisor Jones. They left
Jackson at two o'clock and were
placed in the Lexington Jail for safe
keeping at seven o'clock at night.
| 1t is stated from another semi-offi
cial source that the jury stood II foI
conviction and one for acquittal in the
Jett case and seven for conviction and
five for acquittal in the White case
Fitzpatrick, the man who finally stoo6
out for the acquittal of Jett, says he
| did not base his opinion on the argu
ments of the attorneys, but on the
evidence in the case. He said there i:
| in his mind not only a reasonable
| doubt of Jett's guilt, but there is also
reason to believe that he had nothing
| to do with the murder of Marcum.
! There is still much apprehension il
the community for the future, ant
many here share in the movement in
different parts of Kentucky to have
Breathitt county parceled out for an
nexation to other counties, although
it might depreciate local valuation:
after Jackson lost its prestige as {
county seat. Some hold that in the
loss of the so-called "court house ring
the town would gain much more thar
| it would lose. 1t is claimed that al
the feud troubles that have afflicted
| the county originated in contests fol
local offices and afterwards extended
| into professional, business and socia
| affairs. There is feeling of relic
so far as old scores are concerned, bu
there is still a reign of terror because
it is believed that others ''haye beer
marked"
| Lexington, KY, June 20.-Curti;
Jett and Tom White arrived here a
6:O5 p. m. Friday from Jackson, anc
were locked up in the Fayette county
Jail. The trip was without disturbing
incident.
Frankfort, KY, June 20.-Gov. Beck
ham was asked on the information OF
the news from Jackson what he would
do, if anything, in the matter of &
trial. He said: 81 cannot at this time
say what / will do. | must refuse tC
make any statement at this time"
1t was learned here that Judge Red
wine had agreed now to try the cases
at Cynthiana. but it is thought the
governor will insist on some other
trial judge. ~.
TWO DESPERADOES KILLED.