The Montgomery advertiser., 1903-06-17
ACQUITTAL
 LOOKED FOR Believed White and Jett
 Will Go Free. TRIAL NEARING AN END After a Verdict, What? is the
 Question. Grand Jury Fails to Indict Crawford and Tharpe for Arson and the Hargis Employees Are
 Set Free.

Jackson, Ky, June 18.-The arson cases were disposed of today. when Crawford and Tharpe, teamsters for Hargis. were set free and no indictments returned by the grand jury. Some expressed the opin ion that the murder cases will close il the same way tomorrow, when Jett ant White would also be released. And wha' might follow is the question. It is evi dent that all in Breathitt County are con sidering the question most seriously. al though few will openly discuss it.
 It Is stated by those who will talk se cretly on the matter that the grand jury was composed of residents of Breathitt County drawn by those who are identi- fed with the dominant faction and all were connected with 1t, and that no in. dictments for anything were expected from jury drawn in this County, but that the jurors in the case of Jett and Thomas White are from another County and for that reason a verdict of convio- ton may be possible.
 Ewen's Life Not Safe.
 The secret departure of part of the Ewen family and arrangements for the rest to get away indicates the feeling that Ewens life was not considered safe even after all of his property had been destroyed. The general comment is that those who were charged with arson for burning the hotel on Sunday were not as culpable as those who were lying in wait to kill Captain Ewen when he ran to the fire and that only hired agents have been arprehended in any of the events.
 The general impression is that the Ewen Hotel would have been burned earlier in the night if Captain Ewen had been lodging there instead of in camp, and that the object was to get him out of the camp so as to shoot him from am- bush more than anything else.
 In addition to the subscriptions from different parts of Kentucky and other States. Mrs. Mary Shreve Ransom of Louisville today offered the Ewen family a house in her city for year free of rent. A petition was circulated at Lan- caster. Ky, for Governor Beckham tc recommend a legislative appropriation tc reimburse Captain Ewen. and Lexington has offered him Inducements to locate ir that city.
 Testimony Strangely Similar.
 There is much comment tonight upon the testimony offered by the defense, es- pecially that of Judge Hargis and Sher- if Callahan, who were standing across the street when Marcum was killed in the court house. While witnesses of the defense yesterday consisted. of the de- fndant's themselves and their friends, those today consisted of the relatives, employees and close friends of leaders of the dominant faction, and the drift of all was for the purpose of proving an alibi for the prisoners.
 When the Commonwealth closed It's tes- timony last week. 1t was announced that it was because other witnesses could not be obtained, among them being John Smith and John Abner, who were charg- ed with being in the conspiracy with the defendants to get Marcum out of the way. The troops chased all over the mountains to find these witnesses for the prosecution, but they were in Mding then and could not be secured. It was noted that they were on hand for the defense today of their own accord and denied eri- phatically the statements in the affida- wits of Marcum and Moses Feltner re- garding the plots ard efforts to get Mar cum out of the way.
 In connection with the comment on the witnesses and their testimony, there still seems to be general doubt in this com muniby of any conviction.
 When court convened this morning the defense placed Dr. J. M. Rash on the stand. pr. Rash was the first man to reach Marcum after the assassin had felled him. Dr. Rash testified that he saw Jett on the walk at the corner of the courthouse yard ten seconds before the shots were fired. He went directly to Marcum and assisted in carrying him across the street into his office, where he died fifteen minutes later. Common wealth's Attorney Byrd cross-examined Dr. Rash. but did not shake his story. pr Taulbee, the Hargs family physi- clan. was next placed on the stand and Rash and other defense witnesses.
 Hargis Chief Testifes. County Judge James Hargis, an uncle nF at aYNd he aH RR fha Iar- gis faction. was called. Hargis stated that he was inside his store when Mar cum was killed. He saw White walk out the court house door and was one-third across the street when the first shot was fired.
 When I heard the first shot fired I saw Ewen pitch 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. I saw Curtis Jett approaching the scene of the tragedy. My recollection is that I saw Dr. Rash approaching about the time the last shot was fired; am not certain as to the exact time.
 ''Lige Noble was in my store and sher- iff Ed Callahan was also in the store. I was looking toward the court house when the shot was fired. I did not see EWen look in the hall when the first shot was fired. After the killing I sent for Even. or Callahan sent for him."
 Stated that he did not know who killed as he was not fin range with the hall.''
 In response to Interrogation, Hargis ex- plained several possible exits by which an assassin might have escaped the court house. He was cross-examined by At torney Byrd. He said he saw nothing un- usual In Whites action when he came out of the door.
 Severe Cross Examination.
 Did you See Curt Jett anywhere when the shots were flred?" asked Byrd.
 Me see Curt?'
 Answer my question" said Byrd.
 No. I did not see him."
 Did you come out of the store after the killinR?"
 'No''
 '1)id Callahan2"
 ''No'
 Did you search the court houseT
 "No'
 Did Sheriff Callahan
 NO"