The defense was precluded, of course, under the circumstances, from relying upon the plea of self-defense, so it proceeded at once to hatch up an alibi. This, however, proved so transparent a fabrication that the jury ignored it altogether and promptly returned a verdict of guilty against both of the accused. The sentence was for confinement in the penitentiary for life. But for the persistency of one juror, who refused to join in a death verdict, they would have been hanged, perhaps.
Curtis Jett was a sworn officer of the county at the time of the murder of Marcum, a deputy under Sheriff Callahan. He was proven guilty also of the assassination of Cockrell by shooting him from the court house, the temple of justice, prostituted and turned over to the service of murderers by those in control of it.
Jett’s record previous to these assassinations was bad. Twice he had been accused of rape, had repeatedly been confined in jail on various other charges, for shooting at persons with intent to kill, for malicious shooting and wounding and had been indicted for the ruin of a young girl. He was a moral degenerate. His very appearance proclaimed to the physiognomist the cruel, heartless nature of the man. His chin was short and receding, the cheek bones prominent, hair bristly red, eyes deep set and countenance scowling and bad.
Jett had been for a time confined in the Louisville jail until his trial at Cynthiana. While in prison he had given the jail officials no end of trouble on account of his violent disposition toward the other prisoners. One and all feared him.
After his removal to the penitentiary he pursued similar tactics for a time, but there they broke him. He is still confined and is now said to have become a model prisoner. It is said he intends to preach after his release,—it must be remembered that a life sentence in Kentucky does not mean confinement for life.
Judge Hargis and Callahan were in due time arraigned for various murders in connection with the feud. Although Curtis Jett, John Abner, John Smith and Mose Feltner (who figures so prominently in the Marcum statement), confessed in one way or another that the accused were the leaders in the assassinations of Dr. Cox, Cockrell and Marcum, the chief conspirators, for whose benefit the murders were done and who had furnished the sinews of war—money and ammunition—they were acquitted.
The widow of James B. Marcum, regardless of the verdicts of acquittal rendered in the various murder trials of Hargis and Callahan, brought suit in the civil courts and secured a judgment against them for several thousand dollars for having been the instigators of the murder of her husband. The judgment was paid without appeal.
RETRIBUTION.
“He that sheddeth man’s blood, by man shall his blood be shed.” This threat was fulfilled to the letter in the cases of both Judge Hargis and Sheriff Callahan. Both men died with their boots on.