Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-06-19
Intense Anxiety Over Decision Of
The Jury,
ATTY. BYRD'S BRAVE WORDS
A.Defcndanls IN seyeresi Terms
Wakes Eloquent Plea 90 Jurors
To DO Their DUTY.

Jackson, KY June lS.-As expected
here, the jury In the case Of Curtis Jet
and Thomas White charged with MUIR
derlng j. b. Marcum, has been I'M
able 10 agree on a verdict The case
has been In the hands Of the jury all
afternoon, and tonight 1t is stated that
at least two jurors are holding out for
conviction, while the others are divided,
most Of them favorlng acQuittal The
Jurors went to bed early, and there VIII
be no report before tomorrow.
During this suspense there has been
intense anxiety about the courthouse
and throughout the town in discussing
what might follow either a verdict Of
guilty or of acquittal or Of a comprom-
Use or imprisonment but the indca-
tons are that the jury VIII finally re-
port a disagreement In that event, 1t
is said. there will be no such probable
lty Of bloodshed aud further acts of ar
son as there would be in the event OF
conviction: that there will be a general
exodus OF members OF the Cardwell-
Cockrell faction, the widows and or
phans Of Victims and others, and that
the dominant factions viii be left with"
out formidable opposition In holding
the town as well as the county offices
hereafter.
1t is not expected that the prosecu-
tons for the murder of Marcum and
others will stop with this jury Al
though the court has been In session
some weeks, at great expense to the
county, and also 10 the commonwealth,
II Is believed that Inspector Hines VIII
make such a report to the governor as
to secure other trials under different
conditions II Is remarked that the
general exodus that Is expected viii
take away many OF those who might
otherwise be depended on as witnesses
and jurors.
1t is not likely that the county will
find soon such another witness as H. j.
Even who has removed 10 Lexington,
or another such prosecutor as Common
wealth Attorney BYRD who expects TO
locate a. Winchester, Ky,
Business was practically suspended
today The reign OF terro, still con-
tinues, with an sorts Of apprehension
as 70 the future and no hope Of any
convictions under the present Official
conditions,
The members Of the Hargls faction
were almost jublant tonight over the
unofficial reports from the jury-room.
1t was claimed confidently that ten Of
the jurors We're firmly for acquittal and
the other $40 We're being Induced TO
Join them tomorrow In a verdict of ac-
quittal II is mentioned that all Of the
men brought IN for the panel from
which the jurors We're selected were
brought IN by deputies or members OF
the dominant faction, and that they can
be depended upon for the result that Is
now anticipated.
Another circus crowd was present
to hear the closing arguments In the
case Of Curtis Jett and Thomas White.
The pleadings Of Judge j b. French,
John u. O'Neal and u. b Golden for
the defense and Of Capt, W, r. Hurst
and Thomas Marcum for the prosecu-
ton yesterday and last night had at
tracted 50 much attention that all
wanted TO hear Commonwealth Attor-
ney Byrd close the case this morning.
The mothers Of the defendants. widows
Of feud victims. and other ladies were
again present.
While all men who entered the court
house were searched every day for con-
cealed weapons, extra precautions were
taken today by the soldiers, as there
are grave apprehensons as to what
may happen with such crowd In the
town after the trial Is concluded
If Il is a hung jury, II Is said that
Gov Beckham, who has State Inspector
Hines here looking on, win not have the
next trials In Breathitt county, nor
Judge Redwlne sit In other cases. In
spector Hines came back 10 investigate
the attempt TO bride witness Even,
Even had FIVE witnesses TO the attempt
to bride and threats Of assassination
and the destruction OF his property.
There are grave fears for some
men. Two correspondents
left yesterday and their papers have
sent new men who are not known to
the assassins II Is dangerous for one
man 20 remain here long II his paper
has a circulation In the town.
When court convened today r.. b.
Golden concluded for the defense and
commonwealth Attorney Byrd made
his argument Byrd has q reputation
as a fearless prosecutor. When this
Ease opened he announced that he pro-
posed to do his duty, II matterlng not |
yho was hurt. Byrd has purchased |
lome In Winchester. Ky. and is pre-
barring 10 remove his family 20 that |
place as soon as these cases are over. |
Byrd spoke Of how Even had 10 be |
by soldiers, fearing that he |
would be assassinated n he ventured |
rom his home unprotected and how he |
lad been forced 10 remain under the |
OF the soldiers since the |
rial. The defense objected frequently |
o his statements and In some instances |
vas sustained and the prosecutor repri-
handed by the Judge.
Atty. ONcal objected 10 state
nent by Byrd that a motion had been |
made to dismiss the jury which was |
sustained and Byrd proceeded.
Byrd asked the jury TO be willing, II |
necessary. TO make the came sacrifice |
hat Capt Even had made for justice.
Raising his haid aloft and shaking IL
toward two prominent
men who sat In court, he said
II want to give warning TO YOU and
N Of your followers that your blood
hirsty duels must stop IN Breathitt
ounty Leave this county and it's peo-
Ne. God knows they have suffered
God knows the day has got to
ONE when the arch-assasslns, the men
Who are the controlling powers behind
he Jetts and the Whites, viii he ex-
.osed 20 the world and either sent 10
'rison or to the moose"
With clenched fists and shaking with
motion. Byrd walked toward the jury
nd said
"Gcntlomen. you are on trial as well
= Jet and White. and YOU must an
wor TO the bar of public opinion az
'cll as the bar OF the Breathltt criminal
ourt. You have got 20 DO your duty
r be- pillorled by public opinion"
Rvrd followed the testimony with |
lerciless precision and Landed Even
$ n man, the superior OF whom IN
lanhood does not live. He was fierce
J HIS dcnunciatIon Of certain witnesses
nd others
Byrd, in conclusion. branded Hargs
nd Callaghan as towards. and said
,eir testimony showed a skilful tissue
4 faleehOod from beginning 10 enI