The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-08-04
PROSECUTION
RESTS ITS CASE
-%
Evidence Against Jett and White
Damaging.
DEFENSE NOW HAS A CHANCE
ABOUT TWENTY WITNESSES
WILL BE CALLED.
DEFENSE NOW HAS A CHANCE

Cynthiana, Ky Aug S.-In the Jett
and White trial todoy Bruce little. a
special bailin Of the Breathitt county
circuit court during the first trial of
Jet at Jackson, testified that he and
several men with soldiers captured Tom
White after an eighteenLmiIe ride over
the mountains al o'clock in. the morn
ing. After he was taken White said to
Little: In few minutes more Won
would not have got me as 1 would have
left here"
"Oodson McChorn, sheriff of Clark
county. was called. He testified thar
ne arrested Jet on Sunday morning.
May 10. in Madison county at his motif,
er g house; that after being arrested he
asked for whisky, which was not given
him, and Jet said:
nate to be arrested on Sunday as
would not be taken TO Winchester If
arrested another day. I could be taken
right. NC al
Witness said he asked left whore he
was when the killing occurred and Jett
replied: None of your business"
W. II. Branton. who was refused by
the prosecution, testified that in a con-
Nersaton with Captain Even the day
after the shooting of Marcum. Even
told him who did the killing.
AT lO:lS a. M, after having presented
Iorty-two Witnesses Commonwealth
Attorney Byrd announced that the COM
n-onWealth rested their case and Judge
Osborne adjourned the court until / 20
p. m. to allow the attendants attor-
neys to consult with their clients. The
defense will introduce about twenty
witnesses more than they used at Jack
son.
On the converting of court this after
noon, Curtis Jett, one of the defend
ants, was placed on the stand. He said
that he was friendly to ]. B. Marcum
and with the exception of a few words
with him some four years ago they had
always been friendly. He corroborated
Barney Shift. who testified for the
prosecution that Jet was talking to
Joe Moore and himself before the kill
irg. Jett said after the shots were fired
he walked into the court house and
looked about, but seeing nothing. re-
turned by the side door the way he
came and went across the street and
that he did not aid in helping Marcum.
who was then dying and around whose
body others were rushing to give aid.
Jet said he saw Even running around
this he 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 grand
mother Hargis, mother of Judge Har-
gis. 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 it. He and White both
came back that evening to town and
went to Freeman's saloon and there
called for beer and, having none. they
left. Before he left town that morning
ne bought a bottle of whisky at Good
loe Combs and took part of it to his
grandmother.
Jetts testimony corroborated many
other witnesses who have testified for
the prosecution as to his actions on
that fateful day.
A feature of today was the cross-eX-
amina ton Of Thomas White. who was
next placed on the stand by the de-
Tense. by Tom d. MarcUm. Marcum is
one of the attorneys for the prosecu-
ton and is a brother OF the dead man
and resides at Musccgee, I. T. His
testimony corroborated that of several
other witnesses for the prosecution.