The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1903-06-22


White would aIse, be released. And what
might follow IS the question. IT is evil
dent that all in Breathtt county are con-
sidering the question most seriously. al
though few will openly discuss 1t.
1t is stated by those who will talk even
secretly on the matter. that the grand
jury was composed of residents of Breath
lit county drawn by those who are iden-
tilted with the dominant faction. and all
We're connected with it and that no indict
ments for anything were expected frora
a jury drawn In this county. but that
the jurors In the cases of Curtis Jett and
Thomas White are from another county
and for that reason Il verdict of convic-
ton may be possible.
The secret departure Of part OF the
Even family and arrangements for the
rest to get away indicatcs the feeling
that Ewen'5 life was not considered safe
even after all or his property had been
destroyed. The general comment Is that
those who were charged with arson Tor
burning the hotel on Sunday we're not as
culpablc as those who were lying IN walt
to Kill Captain Even, when ne ran 10 tle
fire and that only hired agents have
been apprehended in any of the events.
The general impression is that the EVEN
hotel would have been burned carrier IN
tho night if Captain Even had been lodG-
ing there instead of in camp ana mat
the object was to get him out OF the
camp so as to shoot him from ambush
more than anything else. In ADDITION 10
the subscriptions from different parts OF
Kentucky and other states. Mrs. Mary
Shreve Ransom of Louisville today Of
fered the Even family a house IN her CITY
for a year free of rent, A petition
was circulated at Lancaster. Ky: lot
Governor Becl1ham 10 recommend leGls-
tot or, n
Even and Lexington has offered him IN
ducemonts to locate In that city.
Since the defense closed its testimony
this afternoon there Is great interest In
authorization Of the charge that Judge
Redwine will give to the jury after the
arguments are concluded. 1t Is believed
that the verdict will greatly depend upon
what the Judge says before the jury re-
tires.
Evidence of Defense.
There Is much comment tonight upon
the testimony offered by the defense. es-
peclally that of Judge Hargis and Sheriff
Callahan. who were standing across the
street when Marcum was killed In the
court house While the witnesses OF the
defense yesterday consisted OF the de-
PENDANTS themselves and their fr1ends'
those today consisted Of the relatives
employees and close friends of leaders
or all was for the purpose Of proving an
anhi for the prisoners. When the COM
mon.yealth closed its testimony last week
g. was announced that It was because
other witnesses could not be obtamed
ar,one them being John Smith and Joni(
Abner who were charged with being ~
the conspiracy with the detenddiltS 70
get Marcum out of the way. ne troops
chased all over the mountains to ma
these witnesses for the prosecution. put
they were in hiding then ana couio hot
ne secured Ii was noted that they Were
o1y, accord and denied emphatically me
statements in the affldavits of Marcuin
aud Noses Feltner regarding the plotS
and efforts TO get Marcum out vi '.1 e
wav In connection with the comment Oh
The witnesse. and their testimony theIe
stiu seems to be general DOUBT III l"'S
community OF any convlctlon'
Good Witness for Jett.
When court convened this morning the
defense placed Or. j. NJ. kash on 'ne
e+ond DIR. Kash was the first man 10
roacb Marcum after the assassin had shot
him DIR. Kash testified that he saw Jett
on the walk at the corner of the court
house ward ten seconds before the SHOTS
were fred He went directly to Marcum
and assisted in carrying him across the
street to his office where he died In hVe
minutes. commonwealth Attorney BYRD
cross examined DR.. Kash. but did not
shake his story. Dr. Jr~n Taulee, the
Hargis family physician, was next placed
on the stafd and he corroborated Or.
Kash and other defense witnesses.
Just before noon the grand jury fled
into the court room and made its report
10 Judge Redwine on the burning OF
Ewen's hotel The foreman said no evil
I,,c or.t, (trDt 70
and Edward Thorpe and it had been de
cided 70 order their release. Crawford
and Thorpe thereupon were liberated.
Even has left the camp and gone out of
town The grand jury was not dis
missed.
Feud Leader Hargis on Stand.
County Judge James Hargis. an uncle
of Jett. and the reputed head of the Har-
gis faction, was called. Hargis stated
that he was inside his store when Marcum
was killed. He saw White walk out of the
court house door and was one-third Of
the way across the street when the first
shot was fired
when l heard the first shot fred
saw Even pftoN out OF the door and run.
then saw Marcum fall I came to the
door hurriedly. I saw Judge Blanton ap-
proach the wounded man. l saw Curt Jett
approaching the scene OF the tragedy My
recollection Is that ! saw DR.. Kash ap-
preaching about the time the last ef1dc
was fred l am not certain as to the
exact time.
"liSe Noble was in my store and Sheriff
Ed Callahan was also In the store was
looking toward the court house when the
shot was fired. | did not see Even look
in the hall when the first shot was fired
After the killing | sent for Even, or Cal
lahan sent for him.
Hargis stated that he did not know who
killed Marcum, IS he was not "in range
with the hall" In response to interro-
CATION Hargis explained several possible
exits ny when an assassin might have
escaped from the court house. He was
cross examined by Attorney Byrd. he
said he saw nothing unusual in Whites
action when he came out Of the door.
Did you see Curt Jet anywhere when
the shots were flred?" asked Ryrd
81 saw Curt
Answer my question:" said Byrd.
mo. l did not see him.
DID you come out of the store after
the kiling?"
No
"Did Callahan?'
Judge Instructs Jury.
With the closing arguments Of the
counsel tomorrow morning the case Of
Jet and White Will go to the Jury
which today was instructed by Judge
Redwnc
Judge Rcdwine in instructine the Jury
said that if the evidence showed that
Jet and White killed Marcum it should
bring in a verdict of guilt and fix the
punishment at death or life imprison-
ment, but if there was reasonable