Note From Charles Hayes: On that fateful day, May 4, 1903, when J.B. Marcum was shot in the courthouse door, his friend Captain B.J. Ewen was by his side. As Marcum fell, shot through the head, Ewen saw his murderers. Because he announced he would testify, he was at once in grave danger. His new hotel (shown above in 1902), the Ewen Hotel, was immediately burned and threats were made against him and his family. (His hotel was later rebuilt on the same spot and served the South Jackson area for nearly seventy years.) Ewen did testify and was never hurt. It is reported he went North for awhile and traveled the country lecturing and showing glass slides and photos concerning the Breathitt County feuds. Sadly, there is no record of whatever happened to his photo collection. It would certainly be a local history treasure today. Jackson, June 15, 1903 Interest in the trial of Curtis Jett and Thomas White for the murder of James B. Marcum was secondary today to the preliminary hearing of the teamsters employed by Hargis Brothers, who were arrested by the soldiers on the charge of burning the hotel of B. J. Ewen yesterday. Ewen was the principal witness of the state against Jett and White. Although this place has become accustomed to assassinations and incendiary fires during the feud of the past few years it has never had such a night of terror as that of last night. Many spent a sleepless night in vigilance in their own doors, expecting the torch to be applied to their own premises. Joe Crawford and Ed Tharp, the men charged with burning Ewens hotel, were brought before Judge Redwine this morning and the testimony was heard on the writ of habeas corpus for their release which was instituted by the Hargis people. Judge Redwine decided to hold them to the grand jury. After the habeas corpus proceedings were disposed of the trials of Jett and White for the murder of Marcum were called. The prisoners were brought into the court by soldiers. The mothers of those in the hotel were notified to come to the courtroom when the hearing of the testimony was resumed. Heroic work on the part of the soldiers and citizens saved possibly the entire south side of the town when the fire was discovered at 6:00 a. m. yesterday. The Ewen Hotel is at the end of a long row of miners cottages, all of which were in grave danger. When those in the hotel were notified, the fire was under such headway that the guests who has not arisen had only time to save part of their clothing. John Clarey, of Louisville, a telegraph operator, who was sent by the postal company to Jackson to handle the matter sent to the newspapers during the feud trials, was asleep on the second floor. In the excitement he was not awakened until the flames had shut off escape from the front stairway, and he was almost suffocated while coming out of the rear stairway, and he fell unconscious and half-dressed on the ground when he finally freed himself from the danger. Mrs. Ewen and her children were poorly clad and lost everything. The hotel and furniture had been insured, but only a week ago. Capt. Ewen was notified that on account of the threatened conditions the company had decided to cancel his policy. The house and fixtures were valued at about $10,000. The property represented the savings of a lifetime, and Ewen and his family are homeless and dependent on the hospitality of the troops in the camp. Gray and Jim Haddicks and Jerry Luntz, workmen at the Swann and Day lumber yards, reported having seen Joe Crawford and Ed Tharpe, wagoners for the Hargis Brothers, come across the bridge and return just before the blaze was discovered. Maj. Allen ordered the men arrested. They were taken into the military camp by the soldiers and manacled in the guard house. Soon the Hargis people were active. They sent attorneys, John D. ONeil, of Covington, and B. B. Golden, of Barbourville, defending Jett and White, and swore out writs of habeas corpus before Judge Redwine, making them returnable at once. Commonwealth Attorney Byrd asked Judge Redwine for time for Maj. Allen to file a response. He asked that he be given till this morning, but Judge Redwine demanded that it be filed at once. This was done, and the attorneys argued the case before Judge Redwine. Two of the most interested spectators were County Judge Hargis and Sheriff Ed Callahan. The attorneys argued that the men were being unlawfully held by Maj. Allen, as they were witnesses in the Jett and White cases for the defense. Attorney Byrd argued the case for the Commonwealth and Maj. Allen against whom the habeas corpus proceedings were brought. Judge Redwine finally decided to admit the men to bail in $3,000 each. County Judge Harris and Sheriff Callahan had bonds drawn up, but after a consultation between them and the lawyers they refused to sign the bonds, and the two men were taken by the soldiers inside their lines, and are manacled in the military guard house. The plan of burning the hotel, it is believed, was to assassinate Ewen, as it was conceived that he would break out of camp where he was sleeping when he learned that his house was burning and run through the town, when men stationed along the route could pick him off from windows of houses. Ewen was detained in camp by the militia. Much has been told about the assassinations in the reign of terror in Breathitt County, but little has been said about the arson, although this has cost life in almost as fearful a form as murder, because the victim in one case was a woman. C. X. Bowling, shortly after the murder of Jim Cockrill, let it be known that he was a Cockrill sympathizer. One night his store was burned, and with it the residence and store of J. H. Atchison. Mrs. Atchison worked hard in a cold rain to save some of her bedding and furniture and in a few days she sickened and died from pneumonia. There have been 14 residences and stores owned by Cardwell-Cockrill sympathizers burned in Jackson since 1900, two and a half years ago. The witnesses against Joe Crawford and Ed Tharp, who are suspected of having fired Ewens house, were recognized to appear before the grand jury this afternoon and more indictments are expected. Curt Jett went on the stand in his own behalf this afternoon. He said he was at the post office when the shots which killed Marcum were fired. He denied the alleged incriminating remarks and actions attributed to him and declared he was not near the court house at the time Marcum was shot.
Posted on: Wed, 14 Jan 2015 21:07:58 +0000
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