The Birmingham age-herald., 1903-06-17
MURDER TRIAL WILL PROBABLY END LIKEWISE
The Ewens Are Departing In Secret and the Feud Terror Is Un. ahated Among the
 People.

Jackson, Ky, June 16.-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 express the opln- ion that the murder cases will close in the same way tomorrow when Jett and White would also be released. And what might follow Is the question. It is evident that all in Breathitt county are considering the question most seriously, although few will openly discuss it.
 It is stated by those who will talk, even secretly on the mater that the grand jury was composed of residents of Breat- hitt county drawn by those who are iden- tified with the dominent 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 Curtis Jett and Thomas White are from another county and for that reason a verdict of conviction may be possible.
 Ewens Depart Secretly.
 The secret departure of part of the Ewen family and arrangements for the rest to get away. indicates the feeling that Ewen's life was not considered safe, even after all his property had been de- stroyed 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. 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 ann bush more than anything else.
 h addition to the subscriptions from different parts of Kentucky and other states. Mrs. Mary Shreve Ransom of Louisville today offered the Ewen family house in that city for year free of rent. A petition was circulated at Lam caster, Ky, for Governor Beckham to recommend legislative appropriation to reimburse Captain Ewen, and Lexington has offered him inducements to locate in that city.
 Since the defense closed It's testimony there is great interest in anticipation of the charge that Judge Redwine will give to the jury after the arguments are con- ciuded. tI is believed that the verdict will greatly depend upon what the re- port says before the jury retires.
 Comment on Testimony. There is much comment tonight upon ' the testimony offered by the defense. es- pecially that of Judge Hargis and Sheriff Callahan, who were standing across the street when Marcum was killed at the courthouse. While the witnesses of the defense yesterday consisted of the defend- ants themselves and their friends, those today consisted of the relatives, employees nd A1a f-4n 70 foaxa nant faction and the drift of all was for the purpose of proving an alibi for the prisoners.
 When the commonwealth closed its tes- timony last week, it was announced that it was because other witnesses could not be obtained, among them being John Smith and John Abner, who were charged with being in the conspiracy with the de- fendants to get Marcum out of the way The troops chased all over the mountains to find these witnesses for the prosecu- tion, but they were in hiding then and could not be secured. It was noted that they were on hand for the defense to- day of their own accord, and denied em- phatically the statements in the affidavits of Marcum and Moses Feltner regarding the plots and efforts to get Marcum out of the way. In connection with the com ment on the witnesses and their testimony there sill seems to be general doubt in this community of any conviction.
 With the closing argument of the coun- sel tomorrow, the case of Jett and White ' will go to the jury which, today, was in- structed by Judge Redwine.
 Judge Redwine, instructing the jury said that if the evidence showed that Jett ana White killed Marcum, 1t should bring in verdict of guilty. and fix the punish- ment at death or life Imprisonment. but if there was reasonable doubt that the men were not guilty, they should acquit them.
 Hebuttal Evidence Offered.
 Contrary to expectations, when the do- fense rested it's case at o'clock this af- ternoon, the commonwealth did not o<Yer rebuttal testimony. Prosecutor Rvrd seemed satisfied with the rigid cross-ex- animation under which the witnesses for the defense. which were so peculiarly unanimous in their testimony, had been put. It Is the popular opinion that the ex- actness with which Jett was located on corner by witnesses for the defense. who saw little else to relate, was damaging to his case. An acquittal would be a sur prise. but the general belief of those who have watched the case and are acquaint- ed with conditions. is that hung t,,rv is the most reasonable forecast If either life Imprisonment or death should be the verdict, it Is considered that White will break down and if he confesses, will im plicate the men who instigated the as- sassination.
 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 Harsis teamsfer.
 Haddocks was on the bridge when at-