The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1906-10-06
AFAMOUSCRIME
BITTER LEGAL BATTLE TO CON-
VICT ALLEGED MARCUM
MURDERERs ENDS.
MEN ARE ACQUITTED BY JURY
Judge Hargis and Ed Callahan Tried
for Conspiracy to Take Life Of
Attorney Who Had Prose
cuted Them.
MEN ARE ACQUITTED BY JURY

BedllyVlue, hy.-luS jury IN the
Hargis-Callahan trial returned yer-
diet Of nuot guilty in short order
after one of the most desperately
fought battles In a Kentucky court
for years. Judge James Hargis and
Edward Callahan were charged with
the murder Of j B. Marcum.
Curtis Jett, who was brought here
from the Frankfort penitentlary, testi-
fed that he killed Marcum.
The verdict Of not guilty is the
elimination of a long and bitter fight
In courts in an attempt to convict
James Hargls and Ed Callahan as
chief conspirators in one Of the dark
est crimes in Kentucky history.
James b. Marcum was a mountain
Republican lawyer Of excellent stand
ing. He was engaged three years ago
as an attorney IA the contest against
Hargis and Callahan, respectively
Democratic Judge and sheriff-elect to
GUST them from their offices on an
allegation of corrupt election. Much
bitterness was aroused and frequent
open ruptures occurred.
Killed at Jackson.
la May, 1903, Marcum was shot to
death from behind in the Jackson
courthouse Curtis Jett and Tom
White were convicted and sentenced
to life imprisonment for the murder.
1t was charged that they were the
tools Of Callahan, Hargis and others.
Tat .pA H. od
that he shot Marcun and that his
act was inspired by Callahan and
Hargis On the witness stand, how
ever, he repudiated the confession
and said he alone was responsible.
The acquittal followed largely on this
Reputation.
A jury of Clark county citizens re-
turned verdict for $4,000 damages
year ago against Hargis on the al
legation that he had caused Marcum
to be killed The suit was filed by
Mrs Marcum, Hargis and Callahan
are yet to be tried in the Lexington
court for the killing Of James Cock
rell under similar circumstances.
Ewing a Star Witness.
b. j. Ewing, who was standing in
the courthouse door talking with
J. B. Marcum when the latter was
murdered by Curtis Jett and Tom"
White, was the star witness for the
commonwealth at the trial of Hargis
and Callahan Ewing was a deputy
sheriff under Callahan and a close
and trusted friend of Judge Hargis.
He said Judge Hargis was confidential
with him and told him of many of
his troubles and ambitions. He said
Hargis had asked him why he did
not kin Marcum one night when the
latter had remained at his house all
night.
Next time you get chance take
that fellow on a walk and return
without him" Ewing said he under
stood Hargis to mean that he wanted
him to kill Marcum, but he did not
take the hint He said Hargis, after
the murder of Marcum had asked him
to resign as deputy sheriff, so that
he could sit on a jury that might try
the men accused of his murder
Attorney Young, for the prosecu- /
ton. attempted to make light of
Ewing and was rebuked by Judge
Dorsey. Ewing said that he had
identified Jett and admitted that he
was the first to reveal the name of
the assassin. He was also asked If |
his hotel had not been burned to the
ground shortly after he had made |
the admissions which resulted in the i
arrest of Jett, and White said that it |
had been burned and that he had |
been forced to leave Jackson for fear
OF assassination.
Other witnesses who told of parts |
of the plots to take the life of Mar
cum were John T. Noble, who was
clerk in the Hargis store; Hczekiah |
Combs. e. L. Noble, ~ b. Combs and /
others. The widow of the murdered |
man. with the boy whom the father
had carried to and from his office |
with his arms around his neck to
ward off the bullets of the assassins.
who feared killing the child, was in
the courtroom.
Hargis took a deep interest in the
trial, while Callahan. as usual, was
listess and gave little attention to
what was going on. Judge Dorsey
made several rulings that greatly dis
appointed the commonwealth
Curtis Jett, the self-confessed as.
sassin Of Marcum and Cockrill, came
here to testify from the Frankfort
in the charge Of prison
guards. He was brought here to tell
the story Of the assassination OF Mar
cum and of the alleged plots formed
by Hargis and Callahan to have him
murdered.