The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1908-10-16
| TRIAL
For Killing of Whitaker
Resulted in Binding Over Dr.. Mar
cum and Releasing Bleyins
and si1emOre,

iE
The close Of saturday. October 3,
1905, saw the close Of one OF the
most important examining trials ever
held In Louisa. Because Of the gray
ity OF the charge the peculiar act
ting Of me tragedy and the prom
inenoe Of the actors great interest
was felt wherever the news OF The
Iamentable homicide had gone. Con-
seQuently a very large number OF
people had come to Louisa that day,
and from the opening Of the court
at 10 o'clock Friday morning un,il
the final decision was pronouncad
BY Judge Thompson late the next day
the Court House was filled with a
deeply Interested audience.
The array Of counsel on both fides
was in some respects qui out OF
the ordinary. City Marshal #. D,
Marcum, the principal figure amoog
the taree defendants, is particularly
fortunate In that among his hns-
men there are five lawyers cf ability,
some OF them whose services are
sought far and near. His rather,
Judge w. w Mareum, has worn ihe
ermine in our sister SAFE OF Wes.
virginia T. D. Morcum. m uncle
Is a well known attorney Of 3 sd
county. John S. and Lace nar'um
ave won fame and fancy feas a. the
bar of West Virginia, and W. D. o
Neal. a prominent figure in The
courts OF this ard other counties, Is
the Marsh5l's brothr-ia-law All
these were present ably and clo-
qrontly, II unsuccesstully b4tlirs
for the discharge Of their relative.
And these we're no, all. X 7. Burus
NJ s. Burns. wllnam Cain. G. w,
caotle, A. !. Cared. +. 7. y, Wal
lace. NJ. c. Kirk. OF lnez, Green w
skaggs, II. c sullivan, all these as.
sIs,ing IN the defense On the sid1
OF the Commonwealth County At
terney wllllam Savage was assisted
by Frank Hopkins, leader Of the
Floyd bar, and william Dinguss, Sen
ator from that district and a well
known lawyer
Al 10 a. m. the legal battle began
County Judge 7. S, Thompson hold
ing the court. Mr.. Hopkins slid h'
was a stranger and new TO the par
ties and asked for time. This re-
aGest was granted and on a second
request for a longer delay, the
court adjourned until one o'clock
Al 2:15 Mr. Hopkins said he woult
nolle the three warrants under whicl
DIR. Marcum, Frank Blevins and Jas
slzemore were arrested, and asked
that all three be arres ed under ol'
warrant charging F. D. Marcun
with wilful murder and Frank Blev
ins and James Sizemore with aidinl
and abetting the same. The thre'
defendants through their counse
waived all formalities and acknowledl
Cd themselves in the custody ef th'
sheriff. The taking Of testimon!
was then begun. Mr.. Hopkins con
ducting for the prosecution and Mr
John Marcum for the defense. The
Commonwealth wi Less;s we're rur
erous and they, were subjected y
a most vigorous cross examination
AT the close OF the testimony fol
the prosecution the defense re
tired for consul alton and when the
returned - Marcum asked f'r III
discharge o. all the. defendants De
sirous OF being heard in behalf o
this motion NJ. c. Kirk made Oui
n ,.ngthy speech in It's support, HI
cited numerous cases and decision
IN support of his contention and wa
attentively listened TO. He was. re
Piled to by Mr.. Hopkins ut ronsid
3rable length. He inside strong az
neal for his side. and like Mr.. KIRK
was heard with interest and clese a
.ention. John Marcum had tn
! close. and his speech in support o
his motion was one Of the mos slo
ouene appeals ever made Ia ma
building. It wss logical, eloquen
AND convincing, but did mo- quite con
vince the Judge that he should sis
tain the motion. 1t was overrule
and the taking OF testimony 70
the dsfese began. The three dc
PENDANTS we're In turn put upon IN
stand in the order Of Marcum, Blew
ins and Elzemore. Each told q pei
fectly clear, comprehensive, siraigf