The Montgomery advertiser., 1903-06-17
Didn't you consider it your duty to search the court houseT
 .il aanf Evyau s'


 .'l sent Ewen."
 Are you an uncle of Curt Jettr'
 Yes"
 Are you interested in his defenser'
 Yes"
 ..Did you engage his attorneysv'
 No"
 Are you not paying them?"
 NO. ] have not paid them one cent"
 "Do you intend to pay themr'
 ''Yes, I suppose I will if Curtis mothe' asks me to-
 Why are you interested in the defense of Whlter'
 Because he Is innocent.
 After few more questions Hargfs wal excused by the Commonwealth.
 No Arson Indictment.
 The grand jury investigating the burn ing of Captain Ewen's hotel filed into the court room and made irs report to Judge Redwine at noon today. The foreman said no evidence was found against Jo- seph Crawford and Edward Tharpe and 1t had decided to order their release.
 Juge Redwine sent an order to Major Allen, in charge of the jail and the pris- oners. and Crawford and Thorpe were nb- erated.
 It Is believed that no one will be fn- iicted for burning Ewen's home. Ewen has left the camp and gone some place up the Lexington and Eastern.
 John Abner, a brother-in-law of White, testified that he had not been in con- spiracy to murder Marcum, as told by Mrs. Johnson; was not in the stone quar- ry; denied that he entered into any con tract with Moses Feltner to assassinate Marcum. or that he furnished Feltner any money or gun.
 John Smith testified that he was eigh- teen feet from the court house door and saw White come across the street toward Hargis' store: saw Ewen run and Marcum fall. He saw Jett about ten seconds be- fore the shots were fired. He was look ing at Marcum and Ewen when the first shot was fired. Ewen did not look back.
 Smith Is one of the men that Marcum said was in the plot to assassinate him.
 Sheriff Testifies.
 Sheriff Callahan testified that when Marcum was killed he was in Hargis' store looking out of the window at Mar cum and Ewen He saw Ewen jump out of the door and run and Marcum stag gered and fell. He drew his revolver and ran out of the door, but Hargis called him not to go over to the court house.
 He saw Jett near the court house walk. He said he saw some one in the hallway of the court house, but could not tell who 1t was for the smoke. Hargis told him not to go to the court house, but to let Ewen make the search.
 He said he was not on good terms with Marcum and that he and Marcum and Hargis had had difi1culty. He had not agreed to pay any part of the attorneys s fees.
 Commonwealth's Attorney Byrd asked Callahan who be was afraid of at the court house, and he would not say.
 Judge Hargfs was then recalled and said the feeling between himself and Mar cum was not good. He was asked by the Anf x.afs s1vS fhz tnEk kaR4 4<S. of his sister that he visited Jett in jail. Commonwealth Attorney Byrd strongly objected to the question and Judge Red wine sustained him, but Hargis persisted in answering. Judge Redwine imposed no fine.
 James Back, another witness for the de- fense, testified that he expected to get pay for testifying
 Court adjourned for dinner.
 With the closing arguments of the counsel tomorrow morning the case of lett and White will go to the jury which today was instructed by Judge Redwine.
 Charge of Redwine.
 Judge Redwine in instructing the jury, said that if the evidence showed that Jett and White killed Marcum, 1t should bring in a verdict of guilty and fix the punishment at death or life imprison- ment. but if there was reasonable doubt that the men were not guilty they should acQuit them.
 Contrary to expectations, when the de- fense rested it's case at 3 o'clock this afternoon, the Commonwealth did not of fer rebuttal testimony. Prosecutor Byrd seemed satisfied with the rigid cross-ex- animation under which the witnesses for the defense who were so peculiarly unanimous in their testimony. had been put. It Is the popular opinion that the exactness with which the defendants were located on corner by witnesses for the defense who saw little else was dam aging to his case.
 An acquittal will be 0 surprise, but the general belief of those who have watched the case and are acquainted with condi- tions that hung jury is the most req sonable forecast. If either life imprison- ment or death should be the verdict, 1t is considered that White will break down, and, If he confesses, duplicate the men who instigated the assassination.
 An exciting incident of the afternoon was an assault made on Gray Haddocks who testified that he saw men running from Ewen's burning hotel. one of whom he thought was Joe Crawford, Hargis's teamster.
 Assault at Haddocks.
 Haddocks was on the bridge when at- tackled by three men who threatened to throw him In the water. A provost guard was attracted to the scene, and just as he arrived one of the men who was on horseback drew his pistol. Seeing the guard he hastily rode away and escaped. His two companions. Lee Gay and Louis Johnson, from Perry County, were ar rested. Gay was charged with carrying concealed weapons and Johnson with as- sault. They refused to talk.
 ExrSenator Alex Hargis, in talking about the release of Crawford and Tharpe to the newspaper men here this afternoon, advanced the theory that B. L. Ewen fired his own house in order to cast re- fiection upon his CHargiSs) brother, County Judge James Hargis. The news paper men replied that Ewen was a mile away in camp at the time of the fire ani his family barely escaped with their lives.