The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-23


aDy Ellison Jones.
Jackson, KY, June 19.-But for one
Juror. Curtis Jet would have been con-
~zicted here today for the murder Of ].
E8. Marcum, and a majority Of the jury
favored the conviction of Thomas
white. Both are tonight almost one
hundred miles from home in jail at
Lexington and their next trial will be
at Cynthiana. more than one hundred
miles from Jackson, away from the
Inountains and in the Blu Grass region,
Under very different conditions from
chose existing in Breathitt county.
The interest in the change of venue
Today was second only to the verdict.
FNhen Judge RedWine refused to hear
arguments on the change Of the loca-
t1ion it was stated by many in the court
Enouse that the presiding judge had
Iaeard from Governor Beckham, who is
generally believed to " had some
Thing to do with the change of venture
30 Harrison county, which is in the 18th
Sudicial district of Kentucky, where j.
j. Osborne is the circuit judge, I. z.
Fryer is the commemorative attorney
and the sheriff and other court officers
are also favorably known.
With such general confidence in the
surroundings of the next trial there is
4 general belief here that Everything
IS for the best after all" If the YER
sIict had been one of conviction the res
dents here feel that violence would
nave followed and that it would have
extended to others than witnesses, jul
-rOrs and those who had taken part in
The prosecution.
Colonel Williams is at Frankfort to-
night comforting with the governor re-
.garding the withdrawal of the troops.
1t is understood that he has advised
Ihe governor hat no number of troops
can stop the lurking fire bugs or hidden
-assassins, but that at least one COM
many should be kept in Jackson as long
lbs provost Marshal LOngmire is kept in
cLarge of the town. There is a feeling
Of relief here tonight SO far as old
scores are concerned, but there is still
4 reign of terror because it is believed
: hat others have been marked"
Jackson, KY, June 19.-The jury in
I-ne case Ol JET dtu NA1lc CIdi SCu
with the murder of lawyer James B.
Lsdarcum was discharged today having
E1een unable to agree. At s o'clock the
Jury filed into the court room and
Foreman Richard Willard sad:
Your honor, we find there is no
s=hance of coming to an agreement
Judge Redwine said:
Il will have to keep you gentlemen
together until Saturday unless you get
x verdict sooner. There is no reason
Is.hy a verdict should not be reached
IN his case"
Foreman Willard said:
Zone man has as much right to his
s0pinion as another, and he may stick
30 it."
1t was believed from this there was
only one man between the verdict of
guilty or not guilty, and it was con-
<ceded that only one juror was then
r1or conviction and it was said that the
= question of punishment had not been
considered at all. Later the jury again
reported it was unable to agree and
:Shortly after 9 o'clock it was discharged
so that there will be another trial. The
dominant faction evidently expected
IN acquittal, but there was at least one
Zjuror who would not so report.
The scene after the announcement
vEas il no wise exciting. Some started
20 clap hands but were stopped by the
The guards took immediate pos
session of the prisoners and they were
closely guarded back TO Jail. People
gathered around the court house in
ExnOtS discussing the case but there was
10 disturbance nor outward sign OF
trouble.
Attorney Byrd after consultation
made a motion for a change of
Judge Redwine refused to hear
Enents, but of his own accord changed
venue TO Cynthiana, Harrison
Neounty at the next term of court. Gym
r-hiana is not in Judge Redwine's dis
G+rict. He surprised the spectators by
ordering the prisoners sent to Lexing-
ION under a detachment of soldiers and
accompanied by Elisor Jones.
1t is considered that Prosecutor Byrd
Es not safe here and he went TO Win
chester tonight.
Mr.. Bailey. the foreman of the grand
Eury which indicted Jet and White
E-laS asked for military protection. He
says he has received hints of trouble
IN store for him..
a Check to Publicity.