The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-18
Evidence for Defence in the
Marcum Case.
TWO ON TRIAL FOR ARSON
The Result is the Release Of tie Men Arrested
for The Crimi Many Expect Jett
and White Win BE-
Released.
(By the Associated Press

Jackson, KY, June 16.-The arson cases
were disposed of today when Crawford
and Thorpe teamsters for Hargis, were sci
free and no indictments were returned by
the grand jury. Some expressed the opin
ion that the murder cases would close the
same way tomorrow when Jett and White
would be released. What might follow
such a result is the question 1t is evil
dent that everybody in Breathitt county
is considering the question most seriously,
although few will discuss it openly
1t is stated by those who will talk on
the matter. that the grand jury was conf
posed of residents of Breathitt county,
drawn by those who are identified with
the dominant faction. All were connected
with it and no indictments for any offense
were expected from a jury so drawn; but
the jurors in the case of Curtis Jett and
Thomas White are from another county,
and for that reason a verdict of conylc-
ton may be possible.
The secret departure of some OF the
Even family and arrangements for the
rest to leave indicates the feeling that his
life was considered in danger. The gen
eral comment is that those who were
on Sunday were not as culpable as those
who were lying in wait to kill Captain
Even when he ran to the fire, and that
only hired agents have been apprehended
in any of the events.
In addition to the subscriptions from
different parts of Kentucky and other
States. house in Louisville free of rent
for one year was offered the Even family.
Tod af
KY, asking Governor Beckham to recon-
mend an executive appropriation to REIN
burse Captain Even, and Lexington has
offered him inducements to locate in that
city.
While the witnesses for the defence yes
terday consisted of the defendants them
selves and their friends, those today con-
sisted of the relatives, employees and close
friends of leaders of the dominant faction,
and the drift OF all was to prove an abb
for the prisoners. When the common
wealth closed its testimony last week 1T
was announced it was because other wit
nesses could not be obtained. among them
being John Smith and John Abner, who
were charged with being in the COLI
spiracy with the defendants to get Mar
cum out of the way. The troops hunted
all over the mountains to find these wit
nesses for the prosecution, but they were
in hiding then and could not be secured.
1t was noted that they were on hand for
the defense today of their own accord,
and denied emphatically the statements IN
the affidavits of Marcum and Moses Felt
ner regarding the plots and efforts to get
Marcum out of the way
Former Senator Alexander Hargis, IN
talking about the release of Crawford and
Thorpe TO the newspaper men here today
advanced the theory that B. L. Even
fired his own house in order to cast re-
fection upon County Judge James Hargis.
The newspaper men replied that Even was
a mile away in camp at the time of the
fire. and his family barely escaped with
their lives The defense finished and the
prosecution began its rebuttal evidence
this afternoon.
With the closing arguments of the
counsel tomorrow the case of Curtis Jett
and Tom White will go to the jury, which
late today was instructed by Judge Red
wine.
Judge Redwine in giving instruction to
the jury said that if the evidence showed
that Jett and White killed Marcum. il
should bring in a verdict OF guilty and
fix the punishment at death or life I'M
prisonment, but if there were a reasonable
doubt of guilt, it should acquit them.
1t is the general opinion that a hung
jury is most likely.