After the courts in Jackson could not reach a verdict, the case of Curt Jett was moved to Cynthiana, in Harrison County. Here from an August issue of The Log Cabin newspaper in 1903 is an interesting news story.


The Jett Trial Next Monday

The regular September term of the Harrison Circuit Court opened Monday with Judge Osborne on the bench and Commonwealth Attorney Fryer present. There has been much interest in this term of court as the trial of Curtis Jett for the murder of Town Marshal Jas. Cockrill was set for Tuesday of this week.

On Tuesday morning at motion hour, County Attorney Webster cause somewhat of a sensation by filing an affidavit, reciting the statements juror Jap. King had made to other jurors during the Jett-White trial here last month, and moved that King should be required to show cause why he should not be fined for contempt in violating the instructions of the court. The affidavit of Mr. Webster is published elsewhere in this issue.

Grand Jury

The grand jury was impaneled Monday, and is composed of the following citizens: W. E. Childers, Louis Perreant, S. W. Collins, Newton Monson, J. B. Woolery, C. T. Hedges, H. McClellan, R. W. Rankin, Jas. Gibbons, A. R. Phillips, Jno. T. Watts, and Wm. Withers (foreman).

Petit Jurors

Following are the petit jurors empaneled Tuesday: Ross Kendall, P. S. Brooks, A. S. Ashbrook, J. L. Taylor, J. A. McLouey, W. S. Vanderen, H. C. Platt, N. J. Henry, Jas. Kehoe, T. J. Hill, Leroy Day, A. J. Gossett, W. H. Craig, C. A. Renaker, J. L. Shawhan, S. S. Berry, E. D. Fryman, J. L. Craigmyle, S. H. Roberts, J. T. Bramble, and G. W. Allen.

Jett was brought from Lexington to Cynthiana Monday morning by Sheriff Leach and Deputy Reese. On Tuesday morning Jett was brought into court. Attorney J. I. Blanton, Jett's only lawyer present, demurred to the jurisdiction of this court, and moved to quash the indictment on the grounds that the indictment was found at a special term of the Breathitt grand jury called by Judge Redwine, during vacation; that the case had been changed to Morgan, then to Harrison, when the defendant claims the law only permits one change of venue; and that Jett was first taken to Lexington instead of Cynthiana, overruled.

Mr. Blanton then filed Jett's affidavit in support of a motion for continuance on the grounds that Jett had only three lawyers, and two of them, Judge Black, on account of other engagements, and B. F. French, on account of sickness, could not be present; that Jett is now under a life sentence for another crime; and that he is poverty stricken and cannot employ other lawyers. Mr. Byrd opposed the motion and said he believed both lawyers could get here in a few days.

Judge Osborne overruled the motion and set the case for next Monday.

This will give Judge Black two weeks to finish his business at Barbourville, the special term there having begun August 31st.

Defense has 19 witnesses, a number of whom will testify that Jett was in Hargis Brothers' store when Cockrill was killed.

W. W. Vaughn, of Indian Territory, appeared as attorney for the Cockrills. He is a refugee from the bloody troubles at Jackson, and thought he would be killed there.

The grand jury has returned the following indictments: Horse stealing - John Mitchell; house breaking - Collins Ward; Malicious cutting - Wm. Evans; shooting another in heat of passion - Albert May, Wm. Allen, and Henry Whalen; breach of peace - Thos. North and Jack Whalen; pointing weapon - Jas. Asberry; cutting in heat of passion - Luther Reeves; and false swearing - Jasper King.

Wm. Evans, for malicious cutting, was fined $50; Collins Ward, for house breaking, one year; John Mitchell, for horse stealing, five years; Jake Muntz, pointing a weapon, acquitted; and Mat Ross, cutting, fined $50.

False swearing - A. C. Adams, George Bowling, and "Tickey" Jim Bach.

The three men indicted for false swearing in the Jett-White case, swore that they saw Curtis Jett in front of the Jackson courthouse. Wm. Russell and Silas Holland swore that Bach was nearly a mile from the courthouse when the shooting occurred.

Other witnesses swore that Adams and Bowling arrived at the scene of the murder several minutes after it was committed.

The indictments were returned Thursday, and bench warrants were at once issued for the arrest of the men charged with perjury; and were sent to Jackson to be served.

The grand jury investigated juror Jap King's conduct during the recent Jett-White trial. Witnesses were examined who told the grand jury that King had expressed an opinion before qualifying as a juror, and others testified as to King talking to other jurors about the case as mentioned in County Attorney Webster's affidavit published in this issue.

Bench warrants were issued for the three Breathitt County men Thursday morning at 10 o'clock. Early Thursday morning Sheriff McCord, of Winchester, received a telegram from Jackson, saying Bach had left Jackson for Virginia. Mr. McCord went to the L. & E. Junction near Winchester, and arrested Bach as he was preparing to board an east bound train. Sheriff McCord says Bach told him he was going to Paris to visit his sister, but Paris could not be reached by the C. & O. train, which the prisoner was attempting to board. Bach was brought here Thursday afternoon, and Judge Osborne allowed him to stay at the French house under guard Thursday night. Bach was interviewed by the Log Cabin and said he was not trying to get away, but was going to see his sister, Mrs. Underwood. She had written him to come to a place in Clark County, the name of which he had forgotten and could not be found on his memorandum. He said it sounded something like Paris, but was not Paris. Judge Hargis was telegraphed to Thursday night, and answered that bond would be given the next day.

At the opening of court yesterday (Friday) morning, the contempt proceedings against Jap King were heard. Attorney Blanton filed a demurrer to Webster's affidavit, claiming that this court had no jurisdiction in this case as the alleged contempt was committed at a special term and was not punishable at a subsequent term of court; also that the affiant Webster was not in hearing of the alleged contempt conversation. The demurrer was argued by King's attorneys, J. I. Blanton and M. C. Swinford, and was overruled by Judge Osborne.

Defense filed general demurrer saying sufficient grounds for contempt proceedings were not shown; overruled.

King's answer was then filed, in which he denied each specific statement attributed to him by former jurors in the Jett-White case.

The judge announced that a jury would be drawn to determine whether King was guilty as charged, and the fine would be assessed by the court, if jury decided the charges were proven.

On motion of the defense the case was postponed until 1:30 o'clock to secure absent witnesses.

At this point the jury returned an indictment against King for false swearing, also a number of indictments included in the list given above.

The indictment against King is for alleged false swearing in answering the questions of the attorneys when he was examined for juror in the Jett-White trial. Witnesses testified before the grand jury that they heard King say he had not expressed an opinion as to the guilt or innocence of the parties. Other witnesses testified that King had expressed an opinion to them. Mayor J. T. Lail testified that King told him the night before he qualified that he had a good excuse which would enable him to get off the jury the next day. King's daughter said she did not tell her father that she had some money for him, as stated by a juror.

Yesterday afternoon the defense again asked for a continuance. For the commonwealth, Webster said they had no desire to force King into trial if his attorneys thought that he could not get an impartial trial by reason of any possible public opinion or resentment against him. He agreed that the case should be continued until the February term. King gave bond on the false swearing charge, his bondsmen being N. S. Terry, J. T. Wornall, J. A. Leach, W. J. Laughlin, and J. W. Renaker.

Judge Hargis did not arrive yesterday afternoon to arrange for bond for bach, but it will probably be arranged today.