Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-04
TWO NOTABLE TRIALS
GENERAL INTEREST IN FEUD-
DISTRICT MURDER CASES.

Special Dispatch to The Star.
LEXINGTON, KY, March 1.-TWO trials
that will be watched with interest all over
the country begin in the feud district to-
day. Judge James Hargis, the Breathitt
county feud leader, is to go on trial at
Jackson, charged with the assassination Of
DR.. B. D. Cox. B. Fulton French, John
Smith and John Abner will be put on trial
at Beattyville, Lee county, for the assas-
sination of James B. Marcum at jackson,
of which charge Judge James Hargfs and
Sheriff Ed. Callahan of Breathitt county were
acquitted last summer. The latter case
was taken to Lee county on a change OF
venue from Breathitt county.
DIR. B. d. Cox was assassinated in April,
1902, as he was passing the Hargis resi-
dence, in Jackson, to visit his child, who was
i'll. The fatal shots were fired from shed
belonging to Judge James Hargis. Judge
Hargis and Sheriff Ed. Callahan were
charged with the assassination. Last June
Asbury Spicer, noted feudist, made con-
fession in which he swore that Judge Har-
gis and Ed. Callahan had employed John
Smith, John Abner and himself to murder
DIR. Cox. He said that after waiting every
night for week for Cox to pass the shed,
Ebert Hargis, a brother of the judge, one
night signaled to Smith, Abner and him
self that Cox was coming Spicer sWore
that he dozed, and was awakened by the
crack Of a gun. He looked up and saw
that Smith had just fired, and Abner was
ia the act of shooting Cox, who lay on the
ground groaning. When Cox was dead,
Spicer, Smith and Abner went into Judge
Hargis yard, where Judge James and Sen
ator Alex. Hargis and Ed. Callahan awaited
them. Judge Hargis commended them Tor
killing Cox.
The Marcum Assassination.
Abner's confession was corroborated in
full To- OF To- WI Iohn Smith also
made confession, telling the same story
as that of Spicer, saying, however, that he
had not fired at Cox.
The assassination of James B. Marcum
occurred May 4, 1903. He was killed as he
stood at the court house door In jackson.
Judge Hargs and Sheriff Callahan were
accused of employing Curt Jet and Tom
fenced to hang and White given a life term
in the penitentiary. Last June Jett con-
fessed, saying he had killed Marcum at
the behest of Hargis and Callahan. He
said White had nothing to do with 1t.
Later, however, Jet was put on the wit
ness stand, and he then repudiated in full
his confession, saying he had been forced
to make it by attorneys for the prosecu-
ton. Judge Hargis and Callahan were &C
quilted, while MIS- Marcum, widow of the
murdered man. swore vengeance. Later
Curt Jett was given a life sentence for the
assassination of James Cockrili, and upon
a reversal of his death sentence for killing
Marcum was given life sentence for that
murder also. Jett is now in the peniten-
tiary, with two life sentences hanging over
him.
Fulton French, Smith and Abner were
charged with completely in the assassina-
ton of Marcum, and tried at Beattyville,
Lee county, on change of venue from
Breathitt. The jury stood eight for hang
ing and four for -acquittal. They could
not agree and were discharged. These
trials begin Monday and will consume at
least two weeks. French is the former
leader of his faction in the French-Eyersole
feud war in Perry county, in which nearly
one hundred men were killed. French is
said to be personally responsible for the
deaths of more than thirty of these men.
He is now a lawyer and lives at Winchester
with his family.