The Montgomery advertiser., 1903-08-04
PRISONERS
 ON THE STAND Jett and White Give Evi-
 dence. TELL OF THEIR MOVEMENTS Tom Marcum Cross Examines
 Thomas White. Testimony corroboratss That of Others for the Prosecution. Many New Witnesses to Bs
 called by the Defense.
TELL OF THEIR MOVEMENTS

N~~SC the commonwealth versus Jett and White now on trial here for the murder of James B. Marcum on May | Bruce Lit- tie, special bailiff for the Breathitt coun- ty ciFcuAt. court during the first trial of Jett and Jackson, testified that he and several men with soldiers captured Tom White after an 1S-mile ride over the mountains one night at o'clock in the morning After he was taken White said to Little:
 ..In q few minutes more you would not have gotten me, as l would have left here,'
 woodson McChord. sheriff of Clark county, was called. He testified that he arrested Curtis Jett Sunday morning. May 10, in Madison county. at his moth- CTS house. That after being arrested Jett asked for whiskey which was not given him. and Jett said:
 T am sorry to be arrested on Sunday, as would not be taken to Winchester if arrested on another day. I could be taken to Jackson where would be all right.'
 Witness said he asked lett where he was when the killing occurred and Jett replied:
 "None of your damned business"
 Jett Told Who Did Killing.
 w. H. Blanton testified that in con- versation with Captain Even the day after the shooting of James B. Marcum. Ewen told him who did the killing on the previous day.
 At 1o:ls a, m., after having presented forty-two witnesses, Commonwealth's At torney Byrd announced that the conamon- wealth rested the case and Jurge Osborn adjourned court until l:30 p. m. to allow the defendants' attorney to consult with their clients. The defense will introduce tbout twenty witnesses more than they used at Jakcson.
 On the convening, of court this after noon Curtis Jet one of the defendants. was placed on the stand, and interrogated by Judge James D, Black, of his counsel. He said he was friendly te 2. B- MaFcunas and with the exception Of few wOrds with him some years ago. they had al- ways been friends. He corroborated Bar ney achiff, who testified for the proeecu- tion, that Jet was talking to Joe Moore and himself before the killing Jett said after the shots were fired he walked into the court house and looked about, but seeing nothing returned by the side door. the Ny he came, and went acros the street. and that he did not aid in help ing Marcum, who was then dying, and around whose body others were rushing
 Visited His Grand Mother.
 Jett said he saw Ewen running around the court house He, a few minutes after this, saw Tom White on the street and with him went down town where they crossed the river and visited his grand mother Hargis. mother of Judge Hargis. and there had dinner.
 He said he met Mrs. Mary Johnson, who asked him if he had killed her brother. He told her he did not, but that they would accuse him of if. He and White both came back that evening to town and went to Freemans saloon, and there called for beer, and having none, they left. Before he left town that morning he bought bottle of whisky at Goodloe Combs tand took parr of 1t to his grandmother. Jett's testi- mony corroborated many other witnesses who have testified for the prosecution as to his actions on the day of the murder.
 He denies having conversation with wit nesses who declared on the stand he had spoken to them about the murder of Marcum. He gave a full account of r's actions up to the time of his arrest. I -.e defendant showed his right hand to the jury. upon which two joints of the ring finger were taken off a few weeks before the shooting, by working with saw logs.
 Tom Marcum the Feature.
 The main feature of the day was the cross examination by Tom Marcum of Thomas White, who was next placed on the stand by th9 defense. Marcum acted TOT the pFOSeCuQOus Ile ICSiutc at MUS kogee, I. T. White came from a place eighteen miles from Jackson. looking for work according to his testimony, and did not get it, although he mad tried for two days. His testimony corroborated sev- eral other witnesses for the prosecution. who said that he had gone into the side door of the court house and had come out the front door.
 This was Ewen's testimony and agreed with that of Miss Clarke and Miss Haw- kins, who testified Saturday. Ewen said that White turned and leered at Mar cum as he came from the court house. and White did not deny that he had turned and looked at Marcum as he passed out the front door. His testimony eorroborated Mrs. Horde. another sister of Marcum's. who said that he and Curt Jett came into her house on Sunday aft ernoon looking for her brother. and that White said Jett was not the person with him at that time. He left Jett at his grandmother's while Jett says that both came to town together late in the after noon. He said he was looking for Cal lahan immediately before the shot was fired and that was his reason for going into the court house. Miss Clarke Sat- urday testified that she saw Sheriff Cal lahan in front of Hargis' store, irnme- diately before the court house. seated in rocking chair until after the shots were fired, when he sprang to a window with a revolver in his hands