Omaha daily bee., 1903-06-19

JACk KY, June 1s.-As expected |
here, the In the Marcum case has
been unable -ree on a verdict. The |
case was SUBJ. early this afternoon (
jurors are holding out for conviction. |
while the others are divided, most of them |
favoring acquittal. The jurors went to |
bed early and there will be no report be-
fore tomorrow.
As the jury retired an hour before din |
ner It is thought the first ballot was taken |
before lunch and there are conflicting re- |
ports as to the number of ballots taken |
during the afternoon and night and as to |
how they stood.
Fear Trials Aftermath.
During this suspense there has been In
tense anxiety about the courthouse and
throughout the town in discussing what
might follow either a verdict Of guilty or
of acquittal, OF compromise on i'm
prisonment, but the indications are that
the Jury will finally report that IL has
disagreed and ask to be discharged
It is claimed in that event there is no
such probability of bloodshed and further
arson as there would be in the event of
conviction; that there would be a general
exodus of members of the Cardwell-Cock-
rell faction, the widows and orphans of
NlCtiiils anu ONltlot anu NllttN NllN hphit-
nant faction would be left without form
liable opposition in holding the town as
well as the county offices hereafter.
1t is not expected that the prosecution
for the murder Of Marcum and others will
stop with this jury. Although the court
has been in session some weeks at great
expense II is believed State Inspector
Hines will make such a report to the gov
ernor as to secure other trials under diff
ferent conditions.
It is remarked that the general exodus
that is expected will take away many of
those who might otherwise be depended
on as witnesses and Jurors. 1t is not
| likely the county will find soon another
such witness as B. ]. Even, who has re-
moved to Lexington or another such pros
| ecutor as Commemorative Attorney Byrd
who expects to locate at Winchester, Ky.
Business was practically suspended to-
day. The reign of terror still continues
| with all sorts of apprehensions as to the
future and ne hope of any convictions un-
der the present official conditions.
The members of the Hargis faction were
almost jubilant tonight over the unofficial
| reports from the jury room. 1t was claimed
! confdentially that ten of the jurors were
| firmly for acquittal and that the other
| two were being induced to join them to-
L
mentioned that all the men brought in for
the panel from which the jurors were Sc
| lected, were brought in by deputies or
1 elisors who are connected with the DOM
| inant faction, and that they can be de-
pended upon for the result that is now
anticipated.
After the jury reported no agreement
| tonight and was instructed by Judge Red
wine to continue its deliberations, he said
he never expected a verdict on the first
night and would keep the jury out at least
until Saturday unless a verdict is rendered
before that time.
A heavy guard was placed tonight around
the home of Commemorative Attorney
Byrd.
Flock to Hear Byrd.
There was another curious crowd" here
today to hear the closing argument in the
cases Of Curtis Jett and Thomas White.
The pleadings of Judge ]. B. French, John
D. O'Neil and b. b. Golden, for the de-
fense and of Captain William T. Hurst and
Thomas Marcum, for the prosecution, on
yesterday and last night had attracted so
much attention that all wanted to hear
Commonwealth Attorney Byrd close the
case this morning.
The mothers of the defendants, widows OF
feud victims and other women were again
the court room were searched every day
for concealed weapons, extra precautions
were taken today by the soldiers, as there
| are grave apprehensions to what may
happen with such a crowd in town after
the trial Is concluded.
II 1t is a hung Jury It is said that Gov
ernor Beckham who has State Inspector
Hines here looking on, will not have the
next trials in Breathitt county nor Judge
Redwine sit in other cases. Inspector Hines
came back to investigate the attempt to
bribe Witness Even. Even had five wit
nesses to the attempt to bribe and threats
of assassination and the destruction Of his
property.
Newspaper Men Threatened.
There are grave fears today for some
newspaper men. Two correspondents left
Yesterday and the papers have sent new
men, so they will not be known to the as
sassins It is dangerous for one man tC
remain here long II his paper has circula
tion in the town.
, When court convened today B. b. Colder
concluded for the defense and Common
! wealth Attorney Byrd made his argument
Mr.. Byrd has a reputation as a fearless
prosecutor, and when the cases opened h
announced his intention of doing his duty
r It mattering not who was hurt. Byrd hai
q purchased home in winchester, KY, ant
$ is preparing to remove his family to tina
d place as soon as these cases are over. Byrt
n smoke OF how Even had to be protected b!
o soldiers, fearing that he would be assassi
II mated II he ventured from his home unpro
i tected, how he had been forced TO remail
! under the protection of the soldiers sine
| the trial
The defense objected frequently to hi
y statements, and in some instances was sus
y tained and the prosecutor reprimanded b,
II the Judge.
d Attorney O'Neal objected to a statemen
by Byrd that motion had been made t
dismiss the jury. which was sustained an
Byrd proceeded.
l. Byrd asked the jury to be willing
J. necessary TO make the same sacrifice tina
n Captain Even had made for justice. Rails
,r ing his hand aloft and shaking It threaten
ingly toward two prominent men who sat 4
court he said:
q want to give warning to you and a
your followers that your bloodthirst
duels must stop in Breathitt county
- Leave this county and its 1eople. Go
knows they have suffered enough. Go
knows the day has got 20 come when tn
arch assassins. the men who are the cor
trolling powers behind the Jetts an
Whites. will be exposed to the world an
l. either sent 10 prison or to the moose.
ID he IuFr