From the Log Cabin of Harrison County, Sept. 19, 1903:

The Jett Trial Now In Progress

The Log Cabin, September 19, 1903

Harrison County, Kentucky

The Harrison Circuit Court on Monday morning took up the case of Curtis Jett for the assassination of Jas. Cockrill in front of the courthouse at Jackson about one year ago.

When the case was called, Attorney J.I. Blanton, of this city, was the only defense lawyer present. The prosecution was represented by Commonwealth Attorneys L. P Fryer, of Falmouth; A. F. Byrd, of Campton; County Attorney J. Stanley Webster, of Harrison County; and W. W. Vaughn, of Indian Territory. Attorney Vaughn formerly lived at Jackson, and is well acquainted with all the details of the case. He went west because he believed it dangerous for him to remain in "Bloody Breathitt," during the reign of lawlessness which has sent so many citizens into exile.

The commonwealth announced ready for trial. Attorney J. I. Blanton of the defense, renewed his motion for continuance and filed Jett's affidavit, which was similar to the one filed last Monday. This affidavit said that the leading council for the defense, namely B. F. French, of Winchester, and Jas. D. Black, of Barbourville, states that he has an important case in the Bell Circuit Court, and that his daughter was too ill for him to leave her.

In discussing the arguments, Judge Osborne remarked that from what he knew of Mr. Blanton, he knew the defendant could not get a better lawyer. He decided that absence of council does not constitute grounds for continuance of this case, and overruled the motion for a continuance.

Attorney Blanton then asked for time to prepare affidavits in support of the motion for a change of venue, and court adjourned until 1:30 o'clock.

At the afternoon session Attorney Blanton renewed his motion to continue, and quoted additional authorities. The court again overruled the motion.

Attorney Blanton next filed Jett's petition for a change of venue. He reviewed the facts as to his indictment, arrest, and trial at Jackson under military guards, change of venue, and trial at Cynthiana. The petitioner and defendant says:

"That the presence of soldiers at Cynthiana and the hurried and excited trial at Cynthiana so aroused the public prejudice against him that it was impossible for him to secure an impartial trial.

"That the public mind has been greatly prejudiced, by reason of the fact that one of the jurors in the Jett-White case has been charged with contempt of court, and has been indicted for false swearing in giving his answer when qualifying as a juror, and by reason of the indictment of three of his alibi witnesses for false swearing, none of which cases have been tried.

"Defendant further says that great throngs of people attended the first trial here and that the charges have been discussed by those who would be summoned as jurors.

"The defendant therefore asks that the case be transferred to another district."

Attorney Blanton then caused some amusement by moving that the court should transfer the case back to Breathitt County, "as the presence of troops there had caused peace and quiet to reign supreme."

Considerable time was consumed in the argument for a change of venue. Mr. Byrd made the point that the defense had not given the necessary notice of application, and as the commonwealth declined to waive formal notice, the court overruled Blanton's motion, on the ground that proper notice had not been given.

Blanton at once gave formal notice that on Tuesday morning he would again move for a change of venue. The commonwealth took another tack and now waived formal motions.

At 3:30 Judge Osborne adjourned court until 8:30 Tuesday morning.

Tuesday

The court announced that testimony would be heard on the motion for a change of venue to another judicial district. The defense introduced several witnesses who testified as to the former trial and as to the general conviction among the people as to Jett's guilt in the Marcum case. They thought that the indictment against juror Jap. King and against Jett's alibi witnesses, Back, Addams, and Bowlin, had also tended to influence the public mind unfavorably to Jett. Several of the defense witnesses testified that they had some prejudice against Jett and thought him guilty in the Marcum case. They thought it would be very difficult to get an unprejudiced jury. Other defense witnesses said that they could give a fair trial, but doubted if 12 men could be found who would lay aside prejudice, and not be influenced by their impressions gained from the trial last month. During the examination of the witnesses Alex Hargis sat next to Attorney Blanton and made occasional suggestions.

The first defense witness was H. C. Duffy. He said there was great bitterness against Jett, due both to the perjury indictments and to newspaper reports.

Attorney H. L. Peterson took a moderate view of public sentiment against Jett, but thought it extremely improbable that an unprejudiced jury could be secured in this county.He thought sentiment was some what the same in Nicholas County. He said he had not heard the merits of or testimony in the Cockrill case discussed, and nearly all the other defense witnesses made the same statement. Mr. Peterson thought the general opinion was that there had been a miscarriage in justice in the former trial, thus causing a feeling against the defendant.

Miles McKee has heard it said that, "Jett ought to be hung on general principles."

J. W. Stump had also heard the statement that Jett ought to have been hung on general principles.

J. J. Ammerman thought Jett was guilty and that public opinion was strongly against him.

Attorney Blanton was allowed to make a statement in evidence that Geo. P. Martin, if present, would testify that there was prejudice against Jett in Pendleton County.

Other witnesses who thought it very doubtful if an impartial and unprejudiced jury could be secured were H. H. Haviland, G. W. Allen, E. Daum, Joe Kimbrough, James McKinley, A. Bowman, and Nels Martin.

The commonwealth summoned several prominent citizens who said that they believed that a fair and impartial jury could be selected to try the case according to the law and the evidence, without reference to Jett's guilt in the Marcum case. They said there was great indignation against juror King, but that the feeling against him would not influence their minds against Jett in this case. A number of these witnesses said they thought that Jett ought to have been hung before, but did not think a Harrison County jury would on that account fail to acquit him on this charge if the evidence showed him to be innocent. They had not heard the Cockrill case discussed and little was known of it here. The commonwealth witnesses were: Squire M. D. Martin, Constable Thos. Robertson, J. W. Musselman, T. B. Arnett, C. T. Eals, D. W. Mattox, Jacob Deschler, Pike Commissioner J. T. McCauley, A. B. Renaker, B. F. Martin, Henry Warfield, Noah Williams, J. H. Talbott, and N. L. Renaker. The latter is a distant kinsman of juror King, and in response to Mr. Blanton's questions, said he had refused to go on King's bond.

The question of the change of venue was submitted without argument, and Judge Osborne overruled the motion. He said he believed as a fair trial could be had here as anywhere in the state, and ordered a jury called from the regular panel.

The first 12 jurors called to the box were: B. F. Bedford, S. S. Berry, T. J. Hill, D. E. Fryman, Josh Taylor, George Hicks, J. M. Kearns, Jas. McCouey, J. Pope, L.T. Day, S. P. Baird, and Sam Roberts. Of these Bedford, Fryman, Kearns, Pope, Day, Baird, and Roberts gave satisfactory answers and were selected.

Those excused were Geo. Hicks, for opinion; T. H. Hill, opposed to capital punishment; Joe L. Taylor, had heard some discussion and had no one to leave with his family; James McLouey opposed to capital punishment, and S. S. Berry, who had some feeling on account of former trial.

Then additional names were called to fill the panel. S. P. Hinkson was excused for having opinion; J. K. Northcutt, for having talked with persons who knew about the case; and James Kehoe, for having expressed an opinion.

The last five seated were E. A. Renaker, Ross Kendall, J. L. Renaker, Jno. D. Ross, and John Jameson.

The commonwealth accepted the jury and the defense excused B. T. Bedford, R. A. Renaker, D. E. Fryman, J. L. Renaker, J. M. Kearns, and L. T. Day.

This left the following six jurors accepted by both sides: Sam Roberts, J. Pope, Ross Kendall, Jno. Jameson, S. P. Baird, and J. D. Ross.

I. C. Shropshire, Martin Nagle, and Joe Craigmyle were excused for having expressed and opinion. J. L. Shawhan was next accepted but was challenged Wednesday.

Court adjourned at 4:30 o'clock after Judge Osborne had given detailed and positive instructions as to the conduct of the jurors who were placed in the charge of the sheriff.

Wednesday

When court convened six jurors had been accepted. Before the opening of court Attorney Blanton was told that juror S. W Roberts had a short time ago expressed the opinion that Jett ought to be hung. He had been accepted by both sides. Roberts claims that it was as to the Marcum offense and that he knew little or nothing as to the testimony in the Cockrill case. Mr. Blanton discussed that matter with the commonwealth attorneys, and when court opened Roberts was quietly excused by mutual consent.

This left seven jurors yet to be secured. Curtis Jett, all during the day, sat next to his lawyer, and asked him frequent questions about the jurors. He told Mr. Blanton that he did not like the looks of juror Sauls, and wanted him challenged. The commonwealth, however, challenged Mr. Sauls, and saved for the defense the challenge direct by Jett.

During the afternoon Jett expressed himself as "pretty well pleased with the looks of the remaining jurors, but was a little doubtful about Mr. W. D. Hickman." He smiled as he said he "did not like the cut of his eye." Mr. Hickman is one of the county's best citizens, and he is a substantial farmer and tobacco dealer. He was afterwards challenged by Jett's lawyer.

At the afternoon session those seated were W. D. Hickman, Harry Wiglesworth, and Samuel Rankin. The commonwealth again accepted the jury and the defense excused Mr. Hickman, leaving seven in the panel. Another long delay occurred while waiting for more veniremen. T. F. Terry came in at 4:30, qualified, and was accepted by both sides.

The jury as completed and accepted by both sides to try the Jett case is composed of John Pope, S. P. Baird, James Ross, J. R. Kendall, John Jameson, George W. Magee, J. W. Mattox, J. W Hill, Samuel H. Rankin, Henson Wiglesworth, T. Finley Terry, and Elijah McKinney.

All are farmers except J. W. Mattox, who is a grain and tobacco dealer and John Pope, tobacconist in a local warehouse.

The jurors are kept under charge of Sheriff Leach and Deputy Reese, and sleep on cots in the courthouse.

Thursday

After the commonwealth answered ready, the defense answered not ready and moved that the swearing of the jury be set aside, on the grounds of absent witnesses. The motion was overruled. Attorney Blanton then made a motion that the commonwealth be required to admit the truthfulness of Jett's affidavit as to what the absent witnesses would swear to if present. The law is that if the commonwealth forces trial of a case at the term at which the indictment is found, the prosecution must admit the truthfulness of affidavits as to what the witnesses would say. Judge Osborne said the present term of court is undoubtedly the second, if not the third, term at which the case might have been called, and overruled the motion that the defense be required to admit the truthfulness of Jett's affidavit.

Commonwealth Attorney Fryer then made the opening statement to the jury as to what the commonwealth would prove. He told the jury very emphatically that the commonwealth wanted either a death penalty or an acquittal, and declared that absolute proof of the defendant's guilt demanded that the extreme penalty be administered.

He said the commonwealth would show that James Cockrill was shot from the courthouse window by Jett and others in broad daylight; that Jett and others were banded together to assassinate persons unfriendly to them; that after the shooting Jett leaned out of the window and looked down teh street; that a short time previous Jim Cockrill, the town marshal went to a hotel to quiet a disturbance caused by Jett, and that Jett opened fire on him and that he then returned the fire; that Jett afterwards stated that no damned man could shoot at him and walk the streets of Jackson; that after Cockrill was murdered, that Jett drew his weapon and said," This is the pistol that laid Jim Cockrill in the cold ground."

At the conclusion of Judge Fryer's statement, Attorney Blanton said he would reserve the statement of the defense until the commonwealth concluded its testimony.

The plat of the center of Jackson was displayed, and Capt. John Patrick was called as teh first witness. Capt. Patrick was a captain in a Kentucky company during the Cuban way. He is over six feet tall, is strikingly handsome, and would attract attention in any crowd. Capt. Patrick said he was a resident of Charleston, West Virginia, having left Jackson a short time after the Cockrill assassination. He had been county attorney, but not at the time of the killing. Was in his office in the Crawford building, opposite the side of the courthouse. J. L. McCoy, deputy collector, was with him. He heard a volley of shots, saw one or two guns and a pistol protruding around the edge of the courthouse windows. Weapons were not outside the outer wall, but in view inside the window, which was raised. He took a pointer and, going to the window, showed how the guns were held. In a moment he saw Curt Jett come to the window, lean out and look down the street. He next saw him a very few minutes later in front of Hargis Brothers' store, walking toward the courthouse. He next saw Jett in the sheriff's office in the courthouse. He stuck his head out the window and asked some persons if they had any idea, "who was doing that shooting?" Jett looked up at me at my office and seemed surprised to see me. He half raised his pistol, but did not point it, and then laughed and grinned in a boastful manner.

Late in teh afternoon witness saw Jett in front of the courthouse. Jess Spencer and Bill Britton had their hands on his arms and were whispering. Jett was drunk and seemed to be much excited and trembling. Cockrill had been to see the witness about life insurance a few minutes before the killing.

On cross examination Capt. Patrick said that when he saw Jett the second time he had crossed the street and was near Hargis' store.

Asked if he had ever been mistaken in his life, witness said, "Yes, but not in this case."

When asked how long it was from the time he saw Jett at the window to the time he saw him at the store, the witness said, "About the time that it would take him to walk from the window, down the steps, then across the street, and start back."

Witness said he left Jackson a week after the assassination and went to Lexington. Said he did not want to live where such a horrible crime could go unpunished. He told the jailer he knew who did the killing, but did not tell Alex Hargis or Callahan, who were the judge and sheriff. He said on cross examination that he not only did not think it his duty to tell the officials and swear out a warrant, but on the contrary thought it his duty not to do so. On being asked his reason for this, he said:

"Because I believed there would be a miscarriage of justice, and Jett would be acquitted." He said Jett was a deputy sheriff, and he did not know of his being removed before the killing.

The witness has a fine open countenance and made a splendid impression.

Riley Coldiron, now of Winchester, formerly of Jackson, said he was sitting on the steps of the Cardwell building across from the courthouse. He looked up as soon as the first shots were fired from the courthouse window. He saw Jett and Bill Britton with guns in their hands. Britton was also a deputy sheriff. Very soon afterwards he saw Jett come out of the courthouse door with a pistol in his hand and go across the street to Hargis' store. Cockrill ran down the street and fell at teh corner. Witness went to the wounded man, then came back and saw Jett cross over to the courthouse.

On cross examination he was asked if he had not narrowly escaped being indicted for false swearing for saying he saw Britton at the courthouse. He replied, "They tried to indict me, but failed."

Henry Strong, a farmer, resided 12 miles from Jackson. He was walking toward the courthouse and heard some shots and saw some smoke at the courthouse window. He looked up and saw Jett and another man present their guns and fire another volley almost immediately. Saw J. Spicer standing in the courthouse door soon after the shooting. He thought there were about three shots in two volleys. Witness said he had never before told all he had seen, as he didn't want to be a witness and "tried to keep out of it."

Blanton asked if it was not a fact that he was not there at all. "Wasn't there?" asked the witness, as if he was very much surprised at the question. Alex Hargis suggested to Blanton that he asked the witness if he had not been indicted for theft. Strong said, "No, I was never indicted for anything."

Judge J. J. O. Bach was in his office, nearly straight across from the courthouse, with lawyer J. E. Patrick, T. T. Cope, W. M. Combs, and Charles Little. Soon after the shooting he saw Jett and Britton in the courthouse door with pistols drawn. Both men were deputy sheriffs and Jett had served some processes for him since the assassination. Heard six or seven shots in two volleys.

John Patrick, attorney, substantiated Bach; saw Jett come out of the courthouse door with pistol and then go to the store. He then came back to the courthouse. He saw Bill Britton and possibly Jess Spencer; then saw Elbert Hargis with them.

T. T. Cope, recently defeated for commonwealth attorney to succeed Byrd, substantiated Back and Patrick. He was sitting at the window and when he heard the shots looked up and saw the guns. He told Bach and the others to come and see who came out of the courthouse. He saw Jett come out and cross the street. Also saw Britton.

After Cope finished court adjourned.

Friday

The testimony Friday strongly reenforced that given on Thursday, and many new points were brought out.

The witnesses introduced yesterday were Noah Peters, Robert Blake, Cyrus Combs, Wilgus Combs, Hocker Combs, J. L. McCoy, Uncle Billy Combs, Dr. Boggs, McKinley Cockrell, C. J. Little, Harrison Blanton, John Arrowwood, R. J. Fulkerson, C. X. Bowling, Arch Lyons, Thomas Mann, Bruce Little, Chas. Robbins, D. D. Hurst, and A. S. Johnson.

Chas. Robbins proved to be another eye witness, and said he saw Jett look out of the courthouse window from which the shots came.

Cyrus Combs was in the courthouse and saw Jett go up the back stairs just before shooting. Noah Peters saw him coming from the back stairway very soon after shooting. Four witnesses saw Jett in the courthouse hall with hat in one hand and pistol in another. Twelve of the above witnesses saw Jett come out in front of the courthouse door with pistol in hand, and nearly as many saw him cross the street to Hargis' store, and almost immediately cross back to the courthouse. C. J. Little and J. E. Patrick saw Jett point his pistol towards Cockrill,w ho had fallen a short distance down the street, but was not dead. Seven or eight saw Bill Britton with Jett, others saw Jess Spicer with him at the courthouse door. Some saw Spicer with a pistol also. Witness told of Jett previously being drunk at the Arlington Hotel and Cockrill, the town marshal, going to stop the disturbances. Jett opened fire and Cockrill returned the shot, but no one was hit.

Three witnesses heard Jett say, "No d__n man can shoot at me and walk the streets of Jackson." One heard him say, "If you have got a dog to kill, the sooner you do it the better." Another, "I never promise to do a thing, but what I do it." another heard him say he would kill Jim. Two heard him say, "This is the pistol that laid Cockrill in the cold ground."

Many minor details were brought out. The commonwealth rested at 3:30, and teh defense will begin testimony today.

Several stories have been going the rounds to teh effect that Mrs. Hagins, Jett's mother, would have him confess if the commonwealth would continue the case. Mrs. Hagins denies the stroy. The attorneys all say no definite propositions have been made. It is not believed Jett will confess until a death verdict is brought in by the jury.