The Birmingham age-herald., 1903-08-07
Strong Effort Made to Inpeach Companion of MarCum al
 Time of the Shooting
ALL ADMIT, HOWEVER,
 THAT HE PAYS HIS DEBTS
Two of the Witnesses Who Told Con fIctine Stories About AssassIna- ton VIII Be Placed Under
 Arrest for Perjury.

Cynthiana, Ky, August 6.-In the case of the commonwealth of Kentucky against Jett and White now on trial here for killing J. B. Marcum on May 1, last, the defense put Henry F. Will son, whisky drummer of this place, on the witness stand to prove the fact of large hole in the floor of the court house at Jackson. His testimony eorro- borated Dr. Taulbee, James Hargis and Ed. Callahan. and also Tom White, as to the fact of there being trees between the house of Marcum and the rock quarry. On cross-examination he said his expenses were paid to Jackson and he was to get $1O besides.
 Green Strong and James Lee, other witnesses. were introduced to prove the bad character and reputation of Cap tain Ewen and on cross-examination they were made to materially contra dict former statements.
 Jett and White Recalled.
 Curt Jett and Thomas White we
 called on the stand and asked by t
 fense to go to the farther end of the l house and stand side by side with
 backs to the jury and their hats on. l -~ NFSA sAo thCoAJ OA LuO QeIenSf
 they looked much alike and are SC
 the same height that several ht
 yards away they cannot be told ap.
 Several witnesses have been exa
 to impeach Bwen's reputation and 1 testified as to his lack of truth
 said his reputation was good Tho
 Jority Of them got confused on cro
 animation, one witness in particula | mitfng that 1t was good" he havtn : ti1ed dfracf
 bad Considerable consternation
 created when Bresk Combs was recalled ana made the statement that he had never testified; that when he gave his story yesterday he had not been sworn At 2;5O D. m Captain B. B. Golden. on | or the attorneys, announced that the de- fense rested as to evidence in chief. The afternoon session was taken up in wit nesses introduced to impeach Capt. B. J. | Ewen.
 Ewen's Character Bad.
 Some twenty-five witnesses from his own county and other witnesses from 1 Powell county, where he resided until he removed to Jackson some ten years ago, l testified that his morality was bad as well as his reputation for truthfulness. At the same time some of them testified that he was ehuroh-goer. constant at tendant en Sundays, that he never drank whisky or gambled. Many of them were coh1useu on ross-examination and es- pecially those from Breathitt county The best impeachng evidence was offered bv a number of citizens of Powell county, in- | cluding among their number the county | judge, the sheriff and others who tes- tihed that Ewen had a bad reputation as to morality and truthfulness among his | neighbors, although each of the witnesses as far as their personal opinion was con- cerned testified without exception that he paid debts promptly. never drank. never gambled and attended church regularity while residing among them.
 stenoerapher on Stand.
 Edward O'Dear of Lexington, the of | hcial stenographer at the first trial at Jackson. testified concerning the evidence | of Joseph Bruner, who testified for the l defense when the case was called by tha prosecution in rebuttal, and said that Ewen did tell him that he knew who | killed Marcum. This testimony was in 1 corroboration of Ewen A. T. Petit also corroborated this statement of Burners.
 Tickle James Bach who testified sev- eral days ago for the defense. was con l tridicted by Witness Russell for the pros- l ecution and also by Cyrus Holland. Bach swore several days ago he had seen the l killing and these witnesses say that Bach told them that he did not see the killing and that he was glad he did not see 1t. The commonwealth is making preparations to swear out a warrant for the arrest of Bach and John L. Noble. | They will be charged with false swearing. Bach was called to the stand and admit ted that he asked Russell in the pres- ence of Cyrus Holland who had killed Marcum.
 feature of the day was strong pro- l test by MT. Lafferty. one of the defend- | ants counsel, in which he charged Mir. l Byrd with playing unfair with them in making plays to the jury. Byrd retorted | that the other side had been making grand stand plays to the jury also and considerable rancor was stirred up. which soon subsided. however