The Birmingham age-herald., 1903-06-19
Jurors Go to Bed With Lit- tie Chance of Reach
 ing a Verdict
GREAT CROWD INTENSELY
 EAGER ID LEARN VERDICT
An He Concluding Argument Attorney Byrd Makes Powerful Attack on Leaders of LawIessness In
 Rreathitt County

Jackson, Ky. June 18.-As expected here the jury in the case of Curtis Jett and Thomas White, charged with murdering J. B. Marcum, has been unable to agree upon a verdict. The case has been in the hands of the Jury all afternoon and to- night 1t is stated that at least two jurors are holding out for conviction, while the others are divided, most of them favoring acquittal. The jurors went to bed early and there will be no report before to- morrow. As the jury retired an hour be- fore dinner, 1t is thought that the first tallot was taken before luncheon and there are conflicting reports as to the number of ballots taken during the after noon 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 of 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 discharged All hope of conviction seemed to be given up here tonight.
 Will Be No Conviction.
 The friends of the prisoners are as con- fdent as ever tonight that there will be no conviction and they are even hope ful of acquittal, but the general impress sion Is that there will be no verdict at all and it is claimed in that event that there is no sucn probability of bloodshed and further acts of arson as there would be in the event of convection.
 It is however, not expected that the prosecution for the murder of Marcum and others will stop with this jury. Although court has ben in session some weeks al great expense to the county and also to the commonwealth on account of the troops 1t Is believed that State Inspector Hines 2 Will make such report to the governor as to secure other trials under different conditions. The next trials will likely be held by another judge and the jurors drawn up by different officials. The friends of the late Dr. Cox and of other victims refused to call witnesses before the grand jury that indicted Jett and White stating that they had no conA- derce in the trials that would follow un- der existing local conditions.
 No Confidence in Jury.
 They expressed lack of confidence in any jury drawn in Breathitt county at present, and many tonight are testifying to their prudence. It is remarked, how ever that the general exodus that is ex- pected will take away many or those who might otherwise be depended on as wit nesses and jurors. It is not likely that the county will find soon another such witness as B. J. Ewen. who has removed to Lexington, or another such prosecutor o1f fl,n expects to locate at Winchester, Ky. There are some who even expect more se- rious trouble after the exodus when the troops are withdrawn.
 Business was practically suspended to- day as yesteday With crowds about town there is considerable carousing, al- though the provost marshal with troops as police is attempting to 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 faction were almost jubilant tonight over the un- official reports from the jury room. Il was claimed confidently that ten of the Jurors were firmly for acquittal, and that the other two would be induced to join
 nv in a verdict of acquittal It is mentioned that all of the mer brought In for the panel from which the jurors were selected were brought in by deputies or elisors who are connected with the dominant faction, and they car be depended upon for the result that is now anticipated.
 Another Circus Crowd.
 There was another circus crowd" here today to hear the closing arguments 1T the case of Curtis Jett and Thomas White pn trial for the murder of James B. Mar sum.
 The pleadings of Judge B. F. French John D. ONeal and B. B. Golden for the defense and of Capt. William L. Hurs and Thomas Marcum for the prosecution yesterday and last night had attracted SC much attention that all wanted to heal Commonwealth Attorney Byrd close thu ease this morning.
 The mothers of the defendants, widows of feud victims and other ladies wer, again present. While all men entering tn, court room were searched every day fol concealed weapons, extra precaution. were taken today by the soldiers, as ther, are grave apprehensions as to what may happen with such crowd in town aftel the trial is concluded. If it is a huns lury, it is stated that Governor Beckham who has State Inspector Hines here look ng on, will not have the next tirals fl
 
 It in other cases. Inspector Hines cam, back to investigate the attempt to brib, Witness Even. Ewen had five witnesse, 10 the attempt to bribe and threats o assassination and the destruction of hi. property.
 Newspaper Men In Danger.
 There are grave fears today for some newspaper men. Two correspondents Jeff yesterday and their papers have sent new men so they will not be known to the as assins. It Is dangerous for one man tC 'emain here long If his paper has cir iulation in the town.
 When court convened today B. B solden concluded for the defense and Commonwealth Attorney Byrd made his argument, which was pronounced by at orneys as most convincing. Byrd has g eputation as a fearless prosecutor. Wher his case opened he announced that he proposed to do his duty, 1t mattering not vho was hurt. Byrd has purchased him home in Winchester, Ky. and is pre- Iaring to remove his family to that place = soon as these cases are over Byrd