The Cooperstown courier. (Cooperstown, Griggs Co., N.D.) 1902-1913, 1903-06-25
IHE JURY FAILS 70 AGREE
After Thorough Consideration Of
Evidence They Are Unable to
Reach 4 Verdict.
NEXT TRIAL WILL Be At cYnTHlAuA.

NEAL uNuNl WILL Dc ~ 6IuJuuAuAs
Said That Majority Of Jury Favored
Acauittal, But 1T Least One Held
Out-Nane OF Aaa who Attempted
to Bride Even Known-LatterI IL to
speak ut Lexington.
Jackson, KY, June. 20.-At eight
o'clock Friday morning the jury
in the Marcum murder trial fled
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: II will have.to
keep you gentlemen together until
Saturday night unless you get YER
dict sooner. There is no reason why
q verdict should not be reached in
this case"
Juror Willard said: "One man hasas
much right to his opinion as another
and he may stick to it,"
Jury Discharged.
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. Jet 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.
Maj. Allennum has the situation well
in hand.
Change OF Venue Made.
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 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.
4 How Jury stood.
It is stated from another semi-off-
cial source that the jury stood II for
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 stood
out for the acquittal of Jett, says he
did, not base his opinion on the argu-
ments of the attorneys, but on the
in his mind not only q reasonable
doubt of Jett's guilt, but there is also
reason to believe that he had nothing
to do with the murder of Marcum. Y.
/. Even to Address Mass MeetinE.
Lexington, KY, June 20.-Capt.
Even, on hearing what the judge had
done, said he intended to remain here
till Monday night and address the
mass meeting, then either go to parts
unknown or apply for board at the
Lexington jail, where he can be safe.
He said he was afraid he would be as
eassinated by Jackson men even here,
and recalled the case of Hurst, assas-
sinated here several years ago under
similar circumstances. He went to
Col. Breckenridge for advice, and will
act largely on his suggestion. AS
Even is the only eye-witnss against
Jett and White who will testify, it is
feared that he will be disposed of be-
for the new trials at Cynthiana and
he was warned from, Jackson Friday.
Troops Can Do No Good.
Col. Roger Williams, in command of
the state troops at jackson, is of the
opinion that it will do no good to
keep state troops at Jackson longer
to protect lives or property. 1t has
been demonstrated pretty we'll that
the militia, no matter how vigilant,
cannot prevent assassination or ar
son. Under existing conditions Tom
Baker, while in camp with troops,
was shot from the sheriff's house at
Manchester, and the assassin escaped
before the troops could surround the
building. eve could not protect him
unless we kept him covered up He
stood out in front of his tent against
our. warning and was shot. We had
watched Ewen's house at jackson com
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