OCR Text |
Show Martin Jury Out Since 1 1 O'clock I I Today With No Verdict In Sight I f CHILDREN OF ACCUSED MAN ARE I j SEEN IN COURT FOR FIRST TIME II ; Attorney Christensen for the Defense Brings the Trial to a JI ' Sudden Close by Announcing That He Would Submit the II , Case Without Argument Prosecution Disappoint-jl Disappoint-jl i; ed Owing to the Fact That Attorney Leather- I wood Was Deprived of an Opportunity to I . Address the Jury Martin Expects a . Verdict in His Favor No Report From Jur' Room Up to 4 II ; o'clock This Afternoon. I I K iThc J. H. Martin case came sudden-t'y sudden-t'y to a, termination at 10 o'clock this It morning when Attorney Soren X. T Christensen for the defendant sUb-i sUb-i initted the case without argument, I J after District Attorney John C. Uavis for the state had made the opening j argument to the jury- This action v precluded Attorney Leatherwood from presenting the case in a detailed form. Attorney Davis made hut a TSi brief summary." using only one hour Si : of his allotted time of an hour and a i ; half. 'I The announcement from Chrlsten- 1 1 if sen came as a great surprise to the i it attorneys on the side of the state r l and especially to the large assemb-I assemb-I I lase in the court room to her the fln-5. fln-5. if al summary of the testimony on the i tf 1'art of the lawyers. Mr. I.eather-I I.eather-I I? wood appeared dlsapi)ointcd and stat- j'f ed to the court that he had a great u many details which ho would like lo (I present to the Jury. The court stated f he would not have the privilege of III doing so as the case must go to the v jury without further argument, as the i 1 attorney for the defendant had yield s' ed his time. A recess of a few min- j K Ut'es wjis taken for the court to com-, JJt plete its Instructions, but it was near-. -dy IT o'clock when' "the7 instructions-were instructions-were read. i In the court room this morning were many of the people who wcro 1 victims In some form or other of the. I I 'blackhand atrocities of the past few years and Pinkerton Detective Davie? JKdwnrds sat within a few feet of tha .defendant within the court railing. iHe listened intently to the brief ar?-ument ar?-ument given by Attorney Davis and expressed disappointment when Christiansen Chris-tiansen announced that the defense would not argue the case. Members of the Martin family were seated near the defendant, his wife and three children having seats immediately behind be-hind him in the first row of cliairs. The children of the defendant have jnot been in court before since the beginning be-ginning of the trial, and because all 'witnesses were excluded from hearty hear-ty ling the testimony of witnesses on the I istand, none of the Martins have been ,in the court room during the trial. 'Mrs. .Martin and the children were ineatly dressed and Mrs. Martin exhibited ex-hibited muclj anxiety regarding the b loutcome. p" When Attorney Davis concluded his I larnumcnt, Mr. Christensen asked tho !l lindulgence of the court for a few ! fminutcs, during which .time he con-, i fsulted with 'Martin, shortly announc ing that he would not tike up the j time of the jury. Martin heartily jasreod with the attornoy that it was lan opportune time to close tho case land his face carried expressions o (gratltication when the court nnnounc- f !d that instructions would be ready in a few minutes. Martin said that jhc had been wllllas to submit the case to the jury at any time after the Itcstimony had been presented, con- S (tending that he was certain that the I verdict would be In his favor. He ,was in a cheerful frame of mind when he entered the court room this morn-I morn-I Hng and said he was feeling as well iphvslcally as at any time during the I trial, f When the Jurors took their seats i Jthi8 morning it was readily seen that itfrey were prepared for an all-day jlinje of argument. Their ' facial ex- jpresaions Indicated tho same self-re- servcx that has characterized them from khe beginning of the trial and j fno onA could trace a single expres- i islon in! their faces that would lead to the .conclusion that their minds had I " been ntsade up for or against the defendant? de-fendant? Throughout the trial tho' ' jurymcnhavo been deeply intorosted in the case but apparently unconcerned unconcern-ed as to what the result of the trial might be- But very few times In the four weeks were any of them seen to smile', and no evidences of excitement or bias were shown. When tho spec, tutors would exhibit approval or disapproval dis-approval of evidence given, after tie- monstratlons on the part of the at-j at-j torneys, the jurors would hardly turn 1 their heads in either direction. They kept themselves as nearly aloof from I the spirit of the demonstrations as it would be possible for any eight men in the world to do. It Is said by those who have lieard the case, that Martin has had a fair and impartial trial. He has been ably represented by Attorney Christensen. Christ-ensen. He can have no fault to find if the verdict is against him and. if it is In his favor, ho surely will have reason to be thankful. On the other hand, the state has presented a strong case in the face of the circumstantial circum-stantial nature of the evidence and, I so far. there have been nothing but expressions of satisfaction over the manner in which the state has been represented. Attorneys Davis and Leatherwood havo devoted much time tand -labor in the preparation and presentation pre-sentation of the evidence and during" the entire trial have exhibited nothing noth-ing but a spirit of ialrness to the defendant. Tho little tilts on the part of the attorneys were professional profes-sional contentions and, now that ithe case Is ended, the best of feeling prevails. pre-vails. In the opening statement. District Attorney John C. Davis made a forceful force-ful argument, dealing, however, with the facts in the case only in a geiir eral way. He did not anticipate that Mr. Christensen was going to close the case summarily and. consequently was endeavoring to make only an Introductory In-troductory argument to that of his associate, Mr Leatherwood. who had planned to close the argument and ?o into details. Mr. Davis was before the jury less than an liour, which left Mr. Leatherwood 2 hours, rather 90 minutes, In which to make the final summing up. In his argument, Mr. Davis told the jury in the beginning that, even though they should conclude that Martin did not shoot Edwards, he nevertheless might be guilty of the offense charged as an aider and abettor, abet-tor, in the facL that he undoubtedly wrote the blackhand letters and could not escape the fact that he was an accessory before the fact. To him, it was clearly shown by the testimony of the expert witness Kytka that Martin Mar-tin Is the man who has been In the blackhand business In the community the past few years. "Edwards went out on that dreadful dread-ful mission the early morning of November No-vember 9, 1013." said the attorney, "to protect the home and the family of L. R. Ecclcs, at the command of Joseph Henry Martin. It was the Intention of the detective to discover the man who was perpetrating those ntrocities on the good people of this community and he succeeded, in my estimation, in marking the defendant as the man." Mr. Davis then entered into a consideration con-sideration of the gunshot wounds In Edward's body and those in Martin's legs, referring to them as unmistakable unmistak-able evidences that the two men had been in an encounter with each other. The buckshot In Martin's wounds, he maintained, came from tho detective's shotcun and the ballbearings in Edward's Ed-ward's body came from the gun in the hands of Martin. He referred to the interlocking blackmail events punctuated punctu-ated by the climax on Canyon road. GENERAL VILLA NOW PLANNING DASH TO MEXICAN CAPITAL Constitutionalist skirmishers drawing the fire .of the fcdeala and y ilia's troops, Jed by band, in city oM'orreon. General Villa, now in f ulf control of Torreon, is planning a dash on Mexico City, some hundreds of miles to the south. He will meet with little opposition on his march to thecap ital, and predicts that he will have destroyed de-stroyed Huerta'8 power before mid-summec- . He recounted the attempted destrue-1 tion of the L. R, Ecclcs home, strip- ( ping of jewelry from the fingers -fj Mrs. Culyer and tearing of her ears, for the rings and. finally, the battle on Seventeenth street where the de-1 tectivc was riddled with bullets. The i attorney said that all the blackmail I transactions, both in the letter writing writ-ing and the overt acts of atrocity, were so intertwined that a continuous deal could be traced from beginning to end, leaving no conclusion except that the man who did one of the acts did them all. Referring to the Identification of the oice on the part of Mrs. Wallin and Mr. Eccles, the attorney said there could be no question as to Its correctness. He thought that tho voice of Martin was so indelibly imprinted im-printed on the mind of Mrs. Wallin when he leaned over her bed at the midnight hour and demanded her jewelry, that she would never forget it and that the intonation was doubly impressed upon her mind again when he commanded her to drive in the shade of a tree on Washington avenue to do his bidding respecting the return re-turn of her ring for money. The awful suspense resting upon L. R. Eccles the night he kept a constant watch for the voice which commanded command-ed him to deliver up his property on penalty of death if he failed to do so, was so intense, the attorney remarked, remark-ed, that the sound of that voice would never be obliterated from his memory. Speaking of the testimony given by the Morgan poople. that Martin was in the Francis barn tho night of November No-vember 9, Mr. Davis said there could be no doubt as to the truthfulness of the story. The Morgan people are honest farm people, he said, and they had no motive In telling anything but the truth. He said that. Martin's story to the contrary was not to be believed and he set aside largely the sworn statements of all of Martin's relatives to tho effect that Martin was at home that night. Martin is lo be discredited, Mr. Davis said, respecting the gunshot wounds in his legs, as he had maintained main-tained that they were boils until he learned that an X-ray had disclosed bullet holes. He also contended that Martin could not be believed because he had told tho officers one thing about the prison letter writing and the jury another. He also laid much stress on the proposition that Martin had not fully explained the manner of his shootiug, which, Martin claimed claim-ed occurred September 24, 1913, saying say-ing that the man had been offered immunity under the law if he would tell the whole story. Speaking of the evidence given on handwriting, Mr. Davis said the state had gone to great expense to get the expert Kytka and that his testimony In the case could not be contradicted. contradict-ed. Kytka, he said, examined the Myron My-ron A Smith letters before he had seen the Martin letters and he maintained main-tained from the boglnnlng that Smith was not tho guilty party. Postofflce Iuspector L. A, McGee was complimented compli-mented for submitting to the doclsion of Kytka and changing his mind respecting re-specting the guilt of Smith. The argument was concluded by an earnest appeal to the Jury to do Its duty and vindicate the law., Ho want-i want-i ed the defendant taught that ho could not live in a community such as Weber We-ber county and- the stale of Utah in rebellion against law and order. He wanted the lesson to be handed down to Martin's "children and his children's chil-dren's children" that the law must' be upheld. He wanted the jury to, teach to .Martin in the daylight, the I follies of the things he had done in the night, in order that the better citizens hete should not be terrorized by a black and vicious hand. Mr. Davis did .not want it to go out that (Continued on iJagc Six.) HI JURY OUT SHE 11 O'CLOCK Continued from Page one.) in Weber county a blackhaud could stalk through the community and threaten people with, "if you do not come through with, your money, at the crack of a gun, you will know that your time has come; I will kill you like a dog," Martin Is Cheerful. Martin ia cheerful and states that he expects a verdict of not guilty, He has followed the case closely and Is well satisfied with the defense given him by Attorney Chrlstensen. Ho has made a close summary of tho testimony and has arrived, at the conclusion con-clusion that they arc so many loopholes loop-holes in the circumstantial evidence against him that he is certain there will be room tor reasonable doubt to the boncflt of which he is entitled under un-der the law. He is certain of the situation lu his favor that he says he , , k was willing to submit tho case without with-out argument. It cannot be stated at this time what the expense of the prosecution will be, but It is estimated at something near 10,000. It is quite certain, bowev-evr, bowev-evr, that when the claims come to the board of county commissioners thero will be some cutting down. It Is expected" that tho expert Kytka of San Francisco will be paid ?60 a day for his services or that ho will not be allowed anything for drawing room suites on Pullmans. About 50 witnesses wit-nesses have been examined, nearly all of whom will be paid the regular witness fees and per diem, which expense ex-pense will amount to several hundred dollars. The expense of feeding and otherwise providing for the jurymen, aside from their regular fees will amount to a large sum. Outside of their regular per diem the cost has been about ?20 a day. Tho attorneys for the proseoution are satisfied with the situation and express the belief that a verdict of guilty will be forthcoming. Mr. Lea-therwood Lea-therwood states that he has never handled han-dled a case resting so completely on circumstantial evidence In which he was more satisfied with the presentation presen-tation of the faots and the statements of witnesses under oath. Ho says that he has devoted his ontlre time to the caao and has been ably assisted by DlBtrlot Attornoy Davis, who also, has given all his time to the case, not only during the trial but In the prepa-ration prepa-ration of the case previous to the trial. Jury at Dinner. At 12:30 the Jury took dinner at the Potter Cafe, returning to the jury room between 1 and 2 o'clock for de liberations. No positive word haa been given out as to who wan selected, to act as foreman and there is no Intimation as to whether a vote on the case has boen taken. Some are of the opinion that about the first thing the jury will do after selecting tho foreman will be to take a voto for the purpose of determining just how the eight mou stand, while others are of the opinion that the evidence will be gone ovor beforo a voto Is taken. It was rumored this aftornoon that Henry Wessler had been chosen as foroman, but tho roport Is not confirmed, con-firmed, and it may be far from tho truth. The officers are of the opinion that no vote will be taken earlier than midnight. mid-night. nn |