Omaha daily bee., 1903-06-20
One NAN HANGS FEUD JURY
Eleven Would Convict, but Fail to Convince
Remain 'ng Companion.
EVEN MAY ASK ROOM IN LEXINGTON JAIL
Judge Redwine discharges Panel and
Decides TO Transfer the Case
to Cynthiana for the
Next Trial.

JACKSON, KY, June 1a.-But for one
Juror Curt Jet would have been convicted
today of the assassination of j. b. Mar
cum, and a majority of the jury favored
the conviction of Thomas White also. Both
are tonight in Jail at Lexington, awaiting
new trial at Cynthiana, more than 100
miles from Jackson, away from the noun
tains and in the Blue Grass region.
The interest in the change of venue was
second only to the verdict When Judge
Redwine refused to hear arguments on
the change of the location, 1t was stated
by many in the courthouse that he had
heard from Governor Beckham.
1t is thought now that after the trials
of Jett and White in Harrison county
cases against other alleged assassins who
have never been arrested will be taken up
with some assurance of justice on change
Of venue. Among the cases cited is that
Of the late DR.. Cox, whose friends refused
to secure witnesses for any jury in Breat-
hitt county that was selected under the
present regime.
The next case on the docket here was
that of Curtis Jett, for killing the town
marshal James Cockrell, but it will be
postponed until after the trials at Cynthi-
ana and many believe now that there will
Vt uO nttu VI AIginS JNAl oh hhSAN NAesaa
one of the cases standing against him.
Judge Urges Verdict.
The jury in the Jett and White cases re-
ported to Judge Redwine at o'clock this
morning that 1t was impossible to agree on
a verdict and were discharged
At o'clock the jury filed into the court
room and Foreman Richard Millard said:
Your honor, we find there is no chance
of coming to an agreement"
Judge Redwine said: II will have to keep
you gentlemen until tonight unless you de-
eide soon. There is no reason why a ver-
dict should not be reached in this case"
Foreman Miliard said: zone man has as
much right to his views as another and
he may stick to It,"
Later the jury again reported it was un-
able to agree and shortly after 8 o'clock
1t was discharged, so there will be another
trial.
Judge Redwine has decided to transfer
the case to Cyanthiana for the next trial
1t Is stated from a semi-ofiicial source
that the jury stood eleven for conviction
and one for acquittal in the Jett case and
seven for conviction and ive for acquittal
In the White case. Fitzpatrick, the man
who finally stood out for the acquittal of
Jett, says he did not base his opinion upon
the arguments of attorneys, but on the ev-
idence in the case.
Governor May Take Action.
FRANKFORT, Ky, June 1s-Governor
Beckham was asked on the receipt of the
news from Jackson what he would do, IL
anything, in the matter of a trial Judge
He said:
Il cannot at this time say what 1 will
do. / must refuse to make any statement
at this time"
1t was learned here that Judge cRedwine
had agreed now to try the cases at Gym
thiana, but 1t Is thought the governor will
insist on some other trial Judge
Even is warned.
LEXINGTON. June 19.-Inspector Hines
went to Frankfort today. returning from his
| Investigations OF the conditions at jackson.
He will make his report to the governor
| today. .p
He has the name of the man who went to
Even and offered him 5000 to testify be-
fore the trial court so that Curtis Jett
would not be named as the murderer of J..
| r. Marcum. .
Even told Judge Hines also the names of
the men who were secreted in a closet and
heard the conversation. They were seen by
Judge Hines and corroborated Ewen's s
statements.
Captain Even. on hearing what the
Judge had done. said he would remain
here till Monday and then either go to
parts unknown or apply for board at the
Lexington jail, He said he was afraid he
would be assassinated by Jackson men
| even here.
AS Even is the only eyewitness against
Jett and White who will testify, it is
feared he will be disposed OF before the
new trial at Cynthiana, and he was warned
| from Jackson today.