The Montgomery advertiser., 1903-06-19
CONVICTION NOT PROBABLE
Now Thought That a Mistrial
 Will Result.
Prosecuting Attorney Byrd Will Leave Breathitt County When
 Case is Completed-Exodus
 from Jackson Looked For.

Jackson. Ky, June 1s.-As expected here, the jury in the case of Curtis Jett and Thomas White, charged with murder ing J. B. Marcum, has been unable to agree upon a verdict. The case has been in the hands of the jury all afternoon and tonight it is stated that at least two ju- TOTS are holding out for conviction while most of the others favor acquittal. The jurors went to bed early and there will be mo report before tomorrow.
 As the jury retired an hour before dim ner 1t is thought that the first ballot was taken before luncheon and there are con flicting reports as to the number or bal lots taken during the afternoon and night and as to how they stood.
 During this suspense there has been in- tense anxiety about the court house and throughout the town in discussing what might follow either a verdict of guilty or of acquittal or if a compromise on im- prisonment, but the indications are that the jury will finally agree to report that 1t has disagreed and ask to be dis charged.
 No Chance of Conviction.
 All hope of conviction seemed to be given up here tonight The friends of the prisoners are as confident as ever to- night that there will be no conviction and they are even hopeful of acquittal, but the general impression is that there will be no verdict at all and 1t is claimed in that event that there is no such proba- bility of bloodshed and further acts of arson as there would be in the event of conviction.
 It is, however, not expected that the prosecution for the murder of Mareum q others will stop with this jury. Al lgh court has been in session some g $ at great expense to the county ai.4 also to the commonwealth on ac- count of the troops. it is believed that State Inspector Hines will make such q report to the Governor as to secure other trials under different conditions The next trials will likely be held bysNanother judge and the jurors drawn by different officials. -e 8. s-.. ,4----,e-,-~---
 The friends of the late pr. Cox and other victims refused to call witnesses before the grand jury that indicted Jett and White. stating that they had no con- fidence in the trials that would follow under existing conditions. They ex- pressed lack of confidence in any jury drawn in Breathitt County at present and many tonight are testifying to their pru- dence. It Is remarked, however, that the general exodus that Is expected will take away many of those who might otherwise be depended upon as witnesses and jurors,
 Byrd to Leave Breathitt.
 l lS HOI Hhcty lllC COuilty NIll find soon another such witness as s. J. Ewen, who has removed to Lexington or another such prosecutor as Common wealth's Attorney Byrd. who expects to locate at Winchester, Ky. There are some who even expect more serious trouble after the exodus when the troops are withdrawn.
 Business was practically suspended to- day as yesterday, with crowds about town and everywhere and Considerable carous- Ing. although the provost marshal with troops doing police duty. Is attempting tc keep the blind tigers" closed. The reign of terror still continues with all sorts of apprehension as to the future.
 The members of the Hargis factior were almost jubilant tonight over the un. official reports from the jury room. Ii was claimed confidently that ten of tht jurors were firmly for acquittal and that the other two would be induced to joir them tomorrow in verdict of acquittal It is mentioned that all of the mer brought in for the panel from which the Jurors were selected and were brought ir by deputies or elisors who were connected with the dominant faction and they car be depended upon for the result that i, now anticipated