The citizen. [volume] (Berea, Ky.) 1899-1958, 1906-07-19
HARols AND CALLAHAN
Acquitted In Twenty-Five Minutes Of
Numbering Mareum.

Beattyville, Ky.-The letter IN"
played an important part in tho Jury
room Tuesday morning during the de-
liberation Of the jury regarding the
guilt OF innocence OF Jim Hargis aud
Ed Callahan. charged with the murder
Of James b. Marcum. II was agreed
by the jury Immediately upon enter-
Ing the room that a vote should be
taken as TO the guilt OF innocence OF
the defendants. Il was further agreed
that those voting TO acquit should use
the letter IN" while those voting to
convict should use the letter &C." Each
man then marked a letter on a slip OF
paper and dropped Il into a hat. and
when they were drawn out each slip
OF paper contained the letter IN"
meaning that the l2 men had unani-
mously agreed to acquit. II therefore
required only one ballot TO reach a
verdict, and o. J. Burnett. selected as
foreman. wrote the verdict on the back
OF the indictment. and in % minutes
after the jury retired they had re-
turned and handed II to the clerk OF
the court. Owing TO the lateness OF the
hour In which Commonwealth Attor-
ney Adams concluded his argument
Judge Dorsey refused TO give the case
10 the jury until morning. He gave
the jury the same admonition given
them during the trial OF the case. and
not until 1880 in the morning were
they allowed TO deliberate on a YER
diet. The courtroom was crowded
when the Jury filed into the room
shortly before o'clock. and a death
like silence prevailed while the clerk
read the verdict. AS soon as the words
fell from his lips the defendants we're
surrounded by their family and friends
and congratulated on their success and
the Quickness with which the jury had
voted TO acquit. On the other side OF
the room. however. an entirely difter.
ent picture presented itself Mrs.
Marcum and three of her orphan chill
dren sat with bowed heads and lis
tened 10 the verdict which acquitted
the men they believed guilty OF pro
curing the death OF the husband and
father. and II was several minutes
before the saddened ones could realize
that their last hope had gone. Mrs.
Marcum stated. after regaining her
composure, that she felt that she had
done her duty TO her husband. She
said she promised him she would do
everything In her power TO clnvict his
slayers, and took an oath to that effect
over his grave. and that the fact that
they had been acquitted was not the
fault OF any laxity In her efforts. While
the verdict was complete surprise TO
the majority OF those who have fol-
lowed the testimony In the case. IL
was not wholly unexpected by the rep
resentatives OF the commonwealth. At
no time since tho selection OF the jury
was II believed by Messrs. Bird and
Jouett and Commonwealth Attorney
Adams that a conviction would be had,
but they we're not prepared for an ac-
Quittal, believing that hung jury
would result The acquittal Of Hargts
and Callahan for the Marcum murder
will have no effect on their prosecu'
ton for the murder OF Cockrill. and
when their trial Is called here In Sop
TENDER Sam Jett will be on hand with
his witnesses for the commonwealth.
Jett stated Tuesday that he would be
more anxious than ever 10 prosecute
them for the murder q bic nsphsv.