The Birmingham age-herald., 1903-06-11
Says That White Gave the
 Signal to Fire
JUDGE HARGIS ORDERED OUT
Daughter of Feudlst Leader Sat By the Prisoners-lnspector Hines Arrival Significant, as He Is Under
 Orders From Governor.

sH%etAH'AAf of the trial of curtiss Jett and Tom White for the murder of Attorney J. B. Mar cum was distinguished by the evidence of B. L. Even, the first and leading wit ness of the commonwealth.
 Jett and White are being tried jointly the indictment charging them with delib- eration in conspiracy in the murder It is charged that White entered the courthouse while Marcum and Ewen were standing together and as he passed them gave the signal to fire. Even testified to seeing White Just before and after Marcum was shot and to seeing Jett Just after his victim was carried out of the courthouse. Ewen's testimony corrobo- rated the statements he had previously made regarding both prisoners, and he withstood the most rigid and lengthy cross-examination.
 In the morning when the witnesses were ordered out of the courtroom, at torneys for the defendants asked that County Judge Hargis be allowed to re- main On the objection of attorneys for the commonwealth being sustained Judge Hargis retired with the other witnesses. When court reconvened in the afternoon the daughter of County Judge Hargis, the leader of the dominant feudists, oc- cupied seat beside the prisoners. At the afternoon sitting of the court one of the attorneys for the defendants moved to dispense with the presence of troops in the courtroom and were overruled.
 Inspector Hines Arrival Significant.
 What is regarded here as very signit- cant was the arrival today of Inspector Hines from Frankfort under orders from Governor BeclSham, It Is generally be- lleved that Inspector Hines Will report as to how the trial is conducted so Tar as judge prosecutor, Jury and all officials are concerned and much interest IS takeh in his presence.
 If was o'clock when the cross-exanni- nation of Ewen was concluded and he was excused with the understanding that he might be recalled by the defense Ills testimony in response to Attorney Gol- dens rapid fire of questions was quite as strong and damaging to the deIen- dants as on direct examination. The ue- fense failed in an effort to adduce any grounds for impeaching his testimony py questions as to his memory his uninter-'
  lies reports that he had attempted sui- eide, and said he was never mentally de- ranged He said that he had never told Sheriff Ed Callahan and County Judge Hareis what he had seen when Marcum was killed because he feared to. He left them under the impression that he did not see Jett and appeared to accept and indorse Hargis' story of the killing
 On redirect examination he said that e A.. lt- aaf fat rFpVanfpn from allowing Callahan and Hargis to know what he had seen. The statement of deputy sheriff of the county who has lived prisoner in his home through fear and been under military guard when awake or asleep for several weeks pro- duced 6 visible impression in the court room. He told of making search of the courthouse shortly after the assassination and finding no one. He had seen the as- sassln but dared not say so. Little was brought out by the examination of Judge J. Bach the new witness. He saw White come out of the courthouse as de- scribed by Ewen and saw Ewen step back when the first shot was fred
 Attorney PatrIck's Testimony.
 Attorney John Patrick said he saw Jett and White conversing in front of the courthouse He saw Jett go into the courthouse several minutes before the shooting. A minute or so after Marcum fell he saw Jett leave the courthouse by a side door, Later he saw Jett and White walk to the bridge, and there saw them talking with Mrs. Johnson, Mar cum's sister. His testimony was corrobo- rated by Kelly Rash. who occupied the same law office. Nothing was developed on the cross-examination of either Of them.
 County Attorney w. IT. Blanton was the next witness. He said he was stand ing with Sam Taulbee when the shots were fired He could not see the assassin. He saw Ewen turn his head as though looking into the corridor.
 The last witness of the day was Wn- liam Combes. He is a wealthy farmer. He said Jett came out of the side door of the courthouse soon after the shooting and that he walked toward the jail. Other witnesses had said that Jetr walked in the opposite direction.
 Court adjourned until tomorrow morn ing
 Mrs. Johnson's Startling Statement.
 Tonight Mrs Mary Johnson, sister of the murdered attorney, made state ment which is even more startling than Ewens admission. In his statement this morning commonwealth Attorney Byrd said that 1t would be proved that Jett admitted to Mrs. Johnson that he killed Marcum. In the evidence thls af- ternoon 1t was stated that Jett and White were seen talking to Mrs Johnson at the bridge. Mrs. Johnson tonight con- firms what Byrd said would be her tes- timony, adding that she feared to tell this earlier, believing that she would be assassinated.
 "As I was returning home shortly af- ter the killing" she said, 'I was over taken by Jett. He spoke to me and I said: Jet, did you kill my protherY He replied I did but Hargis' money made me do 1t. He said he was going to leave the country. Then Tom White came up and I asked him if he had any thing to do with the murder. He said he was there but did not fire the shot"
 Byrd says that other witnesses will tes- tify that Jett admitted that he killed Marcnm.
 Conference Held.
 Inspector Hines had a conference with Capt Ewen tonight On objection of the attorney the jury was