The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-08-15
Punishment Is Fixed at imprisonment
for Life, which Occasions Little
Surprise.
FRIENDS OF MEN ARE PLEASED
THINK THAT A NEW TRIAL WILL BE
GRANTED THEM.
Also Hope for a Pardon-Bclieved
That the Verdict Is i'm Nature
of n Compromise.

CYNTHIANA, Ky, Aug. 14.-Curtis Jett
and Thomas White were to-day found gull
ty of the murder of J. b. Marcum at jack
son, May 4, and sentenced for life. AT
their trial in Jackson last month one juror
hung the jury to the last on the question
Of guilt and this time one juror hung the
jury for twenty-four hours on the question
of sentence. The first ballot was eleven TO
one for conviction of both defendants and
the second was unanimous for both. The
first ballot on the sentence was seven for
death and five for life imprisonment. The
separate ballots on Jets case stood eleven
for hanging and one for life sentence and
this result was not changed in subsequent
votes. Jaspar King. ex-deputy sheriff, vot-
ing alone until a compromise was reached
for life sentence for both.
The verdict was returned at a time when
there were but few persons in the court
room. The only attorney present was
County Attorney Webster.
Jett received the verdict with comparative
indifference and calmness. White, who has
been, apparently, under a severe strain dur
ing the trial., flushed up and his eyes filled
with tears.
The verdict occasioned little surprise here
after the elaboration of the jury had been
so prolonged The only question which
caused the delay, it is said, was that of
punishment, death or life Imprisonment.
The verdict, on the whole, is regarded as a
victory for the defense, as the prosecution
asked that no middle ground be taken, and
that the men either go acquitted or be
hanged.
The case has been on trial almost three
weeks. having been begun July q. At the
first trial at Jackson the jury disagreed and
it is believed that the verdict to-day was a
compromise with a juror opposed to capital
punishment. The friends of Capt. l.. Even
and other witnesses for the commonwealth
who suffered greatly and were living in fear
of their lives, are greatly relieved. They ex-
pected the death penalty, which they were
confident would have been followed by con-
LESSONS from the condemned men exposing
parties high in authority in Breathitt coun-
ty, who are considered to be back of the
conSpiracies.
There have been twenty-seven lives lost
within the past two years in the Hargis-
Cockerill feud in Breathitt county, and this
is the first conviction. No arrests were made
until last May, when the troops were or
dered to Jackson TO protect the grand jury
and the trial jury and witnesses.
Jet is still under indictment for first de-
gree murder for killing Town Marshall
Cockeril.
Jett maintained his composure on hearing
the verdict, as much as ever, Whlle Wnlte
was greatly affected. Jet said last night
the rope had never been made with which
To hang him, but he made no remarks to-
day. His friends say he Will have a new
trial, and If he fails in the effort he may
be pardoned in the course of time. The
friends of the defendants showed such relief
as TO leave no doubt of their previous APP
prehensions of the death penalty.
During the afternoon Judge Osborne
heard the motion Of the defense for a new
trial. The grounds set forth consist of OBJ
jections to evidence admitted for the COM
monwealth and rejected for the defense,
and also TO the ruling out of affidavits made
by the defendants, saying that a fair and
impartial trial could not be had on account
of the military display, which inflamed the
public mind. The attorneys for the prose-
cution were in consultation during the
afternoon and tonight as to whether they
will oppose the motion for a new trial as
TO Jett, as they say if they can get a new
trial in his case they will have enough new
evidence to convict. prosecuting Attorney
Byrd said if they concluded to oppose the
new trial that at the next term Of the Har-
rison Circuit Court before Judge Osborne,
which will begin three weeks from next
Monday, they will put forward the case
of the commonwealth against Curtis Jet,
one Of the defendants, for the murder Of
Town Marshal Jim Cockerill. to which muir
der there are said to have been six eyewit
nesses.
The features in the case to-day were the
charges that have been preferred against
the jury. King lives in this city and was
until two years ago a deputy sheriff of the
county and a man who has been highly
esteemed.
County Attorney Webster stated tonight
that he would bring the charges against
King to the courts attention tomorrow.
The case was to have been argued again
this afternoon on motions, but on account
of the attorneys for the commonwealth
asking for time until tomorrow to consult,
the additional time was granted them until
tomorrow morning at $3.50.
No movements have been made as yet as
to the soldiers, and Colonel Williams. the
officer i'm said that no movement
as to the soldiers was yet decided on and
would not be decided on until tomorrow,
after the grounds and motion for a new
trial had been passed on by the court. and
that the matter Of the movements of the
soldiers was in the hands of himself and
Judge Osborne.
The prisoners are still at the jail, guarded
by soldiers in relays of ten, and Judge Os-
borne said he had not decided as to whether
he will allow Jet and White TO remain here
or whether he would send them back to
Lexington.