The following was prompted by a marker in downtown Jackson, Kentucky (county seat of Breahitt County).  I thought a little internet search might be of interest, and it was particularly noteworthy when I discovered that James B. Marcum was a well-respected attorney who was assassinated at the courthouse steps right after he filed papers reopening a case involving an election contest.

Here is a story from the Courier Journal way back when.

Shot Down
J. B. Marcum Assassinated
Lexington, Kentucky, May 4, 1903

Just after he had finished filing papers, reopening the contested election cases of Breathitt County, Mr. James B. Marcum was shot and killed by an unknown assassin. He fell in his tracks in the front entrance of the courthouse at Jackson, and never spoke, death being almost instantaneous. He fell within a few yards of where Town Marshal James Cockrell was shot down in July; the assassin being stationed in the courthouse in each instance. Marcum was counsel for the Fusionists, who are contesting for the offices of county judge, sheriff, and other places now held by the Democrats. Because of his efforts and his sympathy with the Cockrell faction in the Hargis-Cockrell feud he had, for a year, been generally regarded as a “marked man.”

Various plots to assassinate him have been reported and sworn to in affidavits. For 72 days last fall he was a prisoner in his own home, daring not even to go out on his porch. The bitterness of the feud somewhat abated, however, and the election cases were allowed to sleep until Monday.

The Fatal Shots

Despite warnings, Marcum felt safe in resuming his interrupted practice and felt secure in filing a motion to reopen the cases which had imperilled his life months before. At 8 o’clock this morning, he went to the courthouse at Jackson and the papers were filed. He walked from the clerk’s office to the front door of the courthouse and facing the street, engaged in conversation with Benjamin Ewing, a friend. The corridors stretching out to his back were full of men. Ewing was half-leaning on Marcum’s shoulder. The men had been talking about three minutes, and it was 8:30 when a shot rang out in the rear of the corridor. Marcum staggered and as he sank to the floor, another shot was fired. The first bullet entered the back to the right of the spinal column and passing through the breast and body and struck the door facing him. The next shot passed through the top of his head and was aimed as he reeled. The shots appeared to come from a doorway or possibly from behind a door in the corridor, but as the passage was quickly cleared amid great confusion no one seemed able to state accurately where the assassin was located.

No Arrests Made

A telegram from County Judge Harris, received at 8:30 tonight, states that the assassin is still unknown after a diligent search, and no arrests have as yet been made even on suspicion. Marcum’s body lay for ten minutes untouched. Even his friends feared to touch the body It was finally picked up by friends and was carried to a drug store opposite and from there was taken home. Some say they saw the assassin run out of the rear door, and it seems certain that he made his escape that way during the confusion. It is generally believed that the assassin was recognized by some people, but no one has yet had the courage to name him, though this question is on everyone’s lips.

A Prominent Lawyer

Marcum was a trustee of the Kentucky State College. He was United States Commissioner of his district and represented the Lexington and Eastern Railroad and other large corporations. He had practiced law in Breathitt County for 17 years. He had avoided feuds, and until he took charge of the election cases, which involved the Hargis faction, had been a friend of members of both factions. For three months, beginning last July, he did not leave his home, and after that for months was always accompanied by his wife and women friends or carried one of his children with him for protection. The funeral will take place in Mt. Sterling probably on Wednesday.

FOR MORE CLICK ON CONTINUE READING BELOW.

Marcum’s Own Story

On November 14, last, Mr. Marcum visited Lexington and at that time submitted to an interview, in which he graphically described the alleged plots against his life. His story follows in full as he related it:

“I will begin my story with last March, when persistent rumors stated that Dr. Cox and I were slated to be assassinated. Dr. Cox and I discussed these rumors frequently, and finally concluded that they were groundless. I went to Washington and stayed a month. While I was there Dr. Cox was assassinated.

“I was the attorney for Mose Feltner. On the night of May 30, he came to my house in Jackson and stated that he had entered into an agreement with certain officials to kill me and that his accomplices were three men, whom he named. He said that their plan was for him to entice me to my office that night and for him to waylay me and kill me. He said that they had provided him with a shotgun and $35 to give me. He displayed the gun, which had never been shot, and also showed the money. I know that he did not previously have the money.”

Four Rifles Hidden

“A few mornings later, Feltner took me to the woods nearby and showed me four Winchester rifles, concealed there, and stated that he and three companions had been leaving them there in the daylight and carrying them at night to kill me with.

“Of course, he did not intend to kill me, but by pretending that he would assassinate me, he said, these officials had guaranteed him immunity from punishment in the Fields case. And he continually led them on in this belief to secure their protection, always warning me of plans to kill me. He could visit me without arousing suspicion, as he was my client and supposed to pretend friendship for me.

“On the following morning I sent my wife and little boy by way of a deep ravine 200 yards from my house, in good rifle range. This was the only place assassins could conceal themselves and kill me at my home, for by this time I had ceased visiting my office, and their only chance was to kill me at my home. It was early in the morning, and when my wife and son arrived at the ravine four men, carrying guns, ran away. My son recognized two of them, but did not recognize the other two, on of whom Feltner later said was himself.”

Tried To Leave Jackson

“Finally I decided to leave Jackson. In the early morning I went to the Arlington Hotel with my wife and made arrangements to be rowed across the river to the tunnel early the next morning and board the train unobserved. Later in the night, Feltner came to my room and stated that the party I had seen had told them that I was preparing to leave town, and that certain officials thereupon placed four men at the depot, two men at the tunnel, and two men at the next railway station to kill me. I took his word and did not attempt to leave town. I sent the next morning for my wife and baby and carried the baby in my arms to my office and at noon from there to my home. I was later informed by Feltner that a party was waiting in an upper room of a store to kill me. He wanted to shoot me with a rifle, but others insisted that he used a shotgun, saying that Dr. Cox had been killed with a shotgun. After I passed by they asked the man with the gun why he did not shoot, and he answered that with a shotgun he would have killed the baby, but if they had let him have his way and been given a rifle, he would have shot me through the head without endangering the baby.

“The night previous to my decision to leave Jackson, my sister came to me and warned me that another plan had been formed to kill me. Her informant was Mose Feltner; who was engaged until a late hour in discussing the best plan. When this meeting adjourned it was too late for him to come to my house, and so he went to my sister’s house in sock feet and told her.”

Again Warned

“I was awakened at daybreak, Sunday morning, June 15, by a messenger who had ridden 18 miles that night to bring me a note from a friend, who was also a friend of my enemies and was in their councils. The note stated that two men would come to town the following Tuesday morning; that court would adjourn at noon and that an attempt would be made to assassinate me in the afternoon. I knew the men mentioned had been out of town, but did not believe that court would adjourn until the following Saturday. I asked every member of the bar, and their unanimous opinion was that court would hold until Friday or Saturday, and this was the opinion of the circuit clerk. I sent my friends ahead Tuesday morning and slipped out to Day’s store, near the courthouse, their having reported that the way was clear. I found out that the men selected to kill me had arrived in town. I went back home at ten o’clock for it was then getting too close to my funeral time. The court adjourned just as the clock struck 12 last Tuesday, I do not mean to cast any reflections upon the judge. I kept to my room that day.

“On another occasion I slipped away to visit my sister’s house. On the way I met a sympathizer of those whose enmity I had incurred. I decided not to return and sent my two sisters and wife ahead. They passed by a ravine on the way and there saw two men armed with guns. Later they turned out their lights and observed one man take his station in front of my house, and the other, both still armed and this time dressed as women, below my window in an adjoining garden.”

A Warning On Sunday

“Last Sunday morning a messenger came to my house at daylight. He had been sent by a neutral party who did not want me killed. He told me that two men had arrived the night before and were to have taken a front room in a house near by and from there ambush me. The next morning I observed a window raised about four inches and the curtain drawn, in which position the window and curtain remained since. The men occupy rooms, and I suppose the front room, in that house. I have not even been on my porch since I received the message.”

Squally At Jackson

Late Arrivals At Lexington Say More Trouble Is Expected

Information from Jackson through arrivals here on the late train is to the effect that J. B. Marcum’s assassination is to be avenged and that the Hargis faction is preparing for trouble.

Marcum was a native of Jackson and married the daughter of the present postmaster, Dan Hurst. His wife and five children have remained at their home on the north side of town while he was at different times a refugee in this city.

Dr. W. L. Elmore said tonight, “Marcum often referred while here to his future plans. He said he could not remain away from Jackson. He said his interests were there and there alone. He would not be satisfied elsewhere. He had no brothers residing in Jackson, but had a number of relatives there.”

The Breathitt Troubles And

How Mr. Marcum Became Involved As An Attorney

James B. Marcum was one of the most prominent attorneys and business men in the eastern section of Kentucky. In nearly every legal case of any importance before the Breathitt Circuit Court for many years he had been interested on one side or the other until after the assassination of James Cockrell, last July. Cockrell was shot down in front of the courthouse at noon one July day while talking to some companions. Marcum was the attorney for Cockrell’s brother, who was charged with the killing of Ben Harris, a nephew of Judge Harris, in a “blind tiger” saloon a few weeks previously. Marcum as attorney for Cockrell and in other ways incurred the enmity of what was known as the Hargis faction of the feud, and in an affidavit filed in the circuit court of the county declared that he was “marked for death.” He continued his practice of law in the county, however. His clients saw him at his own home. For weeks he did not leave the precincts of his own home. His house faced the river and was at the top of a hill. His ground floor window is elevated about 12 feet above the pavement, and he felt comparatively safe in his own house.

Guarded To and From Home

Finally, about the middle of November, he had the occasion to confer with Governor Beckham concerning the appointment of a special judge to try an election contest in which he represented the Republican contestants. The Lexington and Eastern train leaves Jackson about one o’clock in the afternoon and surrounded by a guard, composed of his wife and infant baby and his son-in-law, he was escorted by a rear path to the railway station and boarded the train. On his return from Jackson, he got off the train several hundred feet from the depot and crossed the river over another bridge and was safely barricaded in his own home. He assigned for his reason for not leaving Jackson that he owned hundreds of acres of valuable timber lands in and around Breathitt County, and said that if he did not remain there to protect the property the timber would be stolen. His friends at Jackson and all over the state urged him to leave the city and county forever. For a while he considered moving his office to Beattyville, a few miles from Jackson. Beattyville is ruled by Republican officials, and Mr. Marcum had hosts of friends there. He also had friends in Jackson, but he always declared that he and his friends were unwilling to practice the same methods of exterminating mankind that his enemies had practiced.

The Election Contest

In the last county elections in Kentucky a contest arose between the Republican and Democratic claimants to several offices in Breathitt County. Mr. Marcum had always represented the Hargis faction, the head of which family was James Hargis, now the Democratic county judge. In the election contest Mr. Marcum failed to take sides for a time, but finally became engaged as counsel for the Republican contestants. He himself, at that time, was United States Commissioner, and was a Republican. It thus became necessary for him to antagonize the Hargis faction of the feud, the principal leaders of which were Judge James Hargis and Ed Callahan, the sheriff.

Still the cloud of actual hostilities did not hang over the little city until the assassination of Dr. B. D. Cox, a leading physician. Dr. Cox was riddled with bullets one night about eight o’clock, two years ago. He was the guardian of Tom Cockrell, who until a short time before had been the town marshal and was at that time charged with killing Ben Hargis. Cockrell was removed from the office of town marshal and James Hargis was appointed in his place. Mr. Marcum and the Cockrells were intimate friends, and Marcum represented Tom Cockrell. It was last July that James Cockrell was shot down from the courthouse.

Marcum’s Affidavit

Shortly after the assassination of James Cockrell, Mr. Marcum filed a sensational affidavit in the office of the circuit clerk, asking for a change of venue for Tom Cockrell to some other county. It was in this affidavit that Marcum declared that he was marked for death. He said that several attempts to take his life had been frustrated in time to save him, and that if he should appear at the courthouse or in range of the courthouse he would be in danger of assassination, and that he was informed, and he then produced affidavits to prove that a conspiracy existed having as its object his assassination.

Aside from his office of United States Commissioner, Mr. Marcum was a trustee of the Kentucky State College, and was attorney for the Lexington and Eastern Railroad, and for large mining and land interests.

Many of the relatives of the Cockrells left the country on account of the feud. They sold their homes and lands for anything they could get. It is estimated that 25 or more refugees have left the county. There are others connected remotely with one faction or the other who visit Jackson only in the daytime.

Since the assassination of James Cockrell, business in the little hamlet has almost been paralyzed. Residents of Jackson almost to a man keep within the bounds of their own homes at night, and the streets are practically deserted.

It is said that at least 40 deaths have resulted directly and indirectly from the feud within the past two years.

Postscript: