Show IT WAS NOT MURDER THE JUAY SAY IN MARTINS CASE A I 1 NOISY au 1 I 1 EN I 1 C C A ill A ID S I 1 1111 1 from lie hie killi hilli if g of 0 f Y lonii ou u g B if rt 0 I 1 I 1 ou oa the reassembling of 0 the third court on thursday Ihu morning the trial of A 11 II martin for or the murder of johnny burton was ro re fumed by the calling of mr me laughlin Laugh liu in in whose employ martin was nas at tho the time ol of the killing lie ile said I 1 am a saloon keeper and yes was go 80 iu ila may last have known him since march or april he was in ia my iny employ last may remember the kill ingot john IL 11 darton barton I 1 told him to close the saloon at 12 0 clock on sat burday evening evaniuk the and take loma home any receipts there might be I 1 changed shifts on account of my wife being ill and I 1 told him I 1 always tous my revolver homo home with mushen I 1 closed i in order to protect myself ho he was authorized to carry the pistol martins Marti aa reputation is is that of a peace full fulqui quiet ot hannever man in an never uever heard beard him bi in speak a cross crosa word to anybody F 11 morris had bad known martin marti a about a year and a half he be lived in the same louse house as myself at ono ona time so far as I 1 know he has always been peaceable and gentlemanly J 0 davis have lived here about four years havo have known the defend ant can t about three years yeara have always found him to be a very quiet quie t and man he ha li lived ted at tile same place pines me at ono one ti time ime lieutenant charles 11 morton morion of company compa 11 y G sixth regiment Hegi ment was next c called lie d defendant was a soldier when I 1 joined my company ILs IBIS reputation for poaul leae and quiet was poll good I 1 have known but little of him since that time mrs A II 11 martio martin was waa married to defendant in in october 1886 eelem her bei the shooting of oc john II 11 barton was living in in busby valley at that timo time wo we occupied a room loom which has a window in the north I 1 had a little child ut at that time I 1 retired about 1130 leaving a bright light burning the blind was narrow and one could look through either side into the room samuel U jhc sheldon adon lived in in the same house that did at the time of the homicide the house is owned by me I 1 was way away at the time know of a gate bet between my house and busbys busboys I 1 was there two or three times in in may before the homicide the gate was open then I 1 nailed it up myself major IV IV woods was at the promises premises of martin the day after the iho ho homicide or the next at that time the gate was then ajar did not examine it to see if it was tied the defendant testified faed I 1 was boru born at cleveland ohio am 27 years old was 3 years old when my pa parents rents went to atchison Ks kg from there they went to st louis louie was wait employed at the tha waterworks water works and white load lead factory i joined the army in st louis loaia when i was waa 21 as n a private I 1 was promoted to be a noncommissioned officer some time in 1883 1683 was discharged the day of january 1880 attar my mi discharge 1 wont went to work in a barber shop after that I 1 went to work tor for fitzgerald it after that I 1 worked for mclaughlin la ahli left there and worked for H harvey Y th ben on went back to Uc mckaugh Laugh lo 10 i closed the tha saloon on may 2811 promptly at 12 put a revolver in my pocket as I 1 went behind the bar put ell all the money in a sack back and bid it awa away Y I 1 then went out and took the little dog with me went east along first south and had bad got but bat a few steps away ya y when I 1 felt the revolver I 1 in my 1 r pocket 6 net crossed creased the street fro from in the ILI lk saloon baloon and went one block south j from that corner I 1 crossed diagonally ago nally towards busbys busboys alley As I 1 got about ton ten yards from the corner I 1 noticed a man coming out of M mrs rs Carritt hera gate and go west weal he ha pe palsied d within about fifteen yards of me b he passed men on arun a run towards the blacksmith the north sido 0 thoe treat I 1 went in in the small gate ate ehul but u 1 itald it and looked north while I 1 was there a man came along the street and went west at about the same time I 1 saw a man coming comics across the street towards me I 1 p palled ailed out the passed near the trees and eoon went through the rate gate again as he bo stepped I 1 noticed his footfall was waa very light le he passed around mrs carruthers house ob 1 the east side made a p pause auge s and dd went south past busbys busboys house bouse wont went through the little gate and paused by a window from there he be went to my wiles bedroom window where a bright light was burning barning and looked in 10 it was then I 1 spoke to him I 1 hai timid d what do you yon want therel he made no reply but started to run ha fie came towards me I 1 started up the alley allay and halted him two or three times as ho be rot got to the iho corner of mrs carruthers I 1 breaf fired he still went on and I 1 b hallowed hallooed hallo a lobed oed stop or ill shoot yoo yoa 11 ile ha said all right and cams cam towards me I 1 told him to throw up his bis hands and go on CD ho be made some reply iii bat lit I 1 told lim him to go on i I 1 told him hid I 1 WM going to take him to the city hall when I 1 got to the corner of second south I 1 noticed the light in front ot of mccoyle and took him down there I 1 asked someone to i telephone for a policeman and the iho boy canie cacao out and said there was none doug at the hall mccoy came out oat and asked what the mallor was a burton said Th tharps erps a man that knows me mccoy rp replied plied 1 yes ive I 1 ve seer seen him a hundred times timea barton said ile ha caught me looking in in a window up hero here and a quarrel with me I 1 ate COY to search burton when the iha latter baij aid no ill la be d d it if yon atil I 1 told him to wake mule no break or 1 I would till him full fall I 1 asked mcco booy Y t to go 90 to 10 the city cit halt hall with me he bo w went t into the tha stable to got get bis big thi things 13 gs burton barton kept dropping his hands be rids and 1 kept ordering him to hold bola them up just as mccoy want into the stable the pistol went off be said eaid what in in holls hell a the tha matter with you are you crazy I 1 aita he fell and I 1 stepped over ilie body I 1 noticed something g bright sticking out of his big right hip pocket aud and I 1 took them I 1 said eaid to mccoy see bee what ive found on him I 1 went want north and met barlow and carne came back with him to the body I 1 told barlow I 1 shot burton and he be took the revolver from me I 1 gave lim the burich bunch ol of keys I 1 had no intention of shooing burton barton I 1 yes waa standing with my my back to the north and I 1 thought I 1 heard someone behind me and asai as I 1 turned rather quickly t to 0 see BOS I 1 pur supposed I 1 grasped the revolver revolt er a jill e tighter than I 1 had bad before and it went off to homr mr peters I 1 did not take the be recel receipts is home with me that ellent evening ng I 1 lax had done so before once I 1 think that week v oe k that was the second time I 1 took the revolver home it was waa about 12 1220 20 when w hen I 1 got to second south street dont think it wal one I 1 was probably yards away way when the man came out of the gato gate anti and walked west started bt arteil to cross the street and passed by witness close eno enough kgb for witness him 1 i w when n burton walked talkad up the street he bo made very ery little noisette noi noise sethe ha went to a dark spot in in tho the bock block witness was more or less jesa excited went into the tha little gate gat at the busby alley looked over the fence west and east some one passed along going west toward blythen blythes Bly thes alley did not nob try to recognize him at all that was the only man he ita remembered seeing boeing remained behind the gets gate probably three minutes the man stayed across the tafter running across a or two martin drow drew his revolver inside the gato remembered Ee saying before the be mag istrate that le he was excited and that it took him a minute to open the gate gale arid and about stating staling that two or three men passed on the same game bide do of the street while he stood inside inside the gate and ut at the same bume time lima he saw a man on the opposite side of the street standing near a tree who a or two afterwards walked west he suspected the marc man who came out of the gate to bo be a burglar and continued to watch him bim the mati man paused briefly at the east window i and then passed down through the yard witness saw lim him all the time except when the coal shod shed was between them Us he passed east of busby a house about ten teia feet was waa about twenty five yards yarda from the gate through which the man could soa bee him and the fence and rate gate by the light of the stars barton r looked in witness wil coss house bou Bowhea when the latter said aadil eathor what are you doing therel there or what do you want there theral words to that hat effect to which no reply was made but the man ran and passed witness when ho he ca called haiti twice he be stop when witness called again haiti Halt for or ill shoot you youl I 1 was excited tried to stop him glian he be was passing through witness cifes gate he be call called a d to lin him halt or d yon ill shoot you yon P I 1 shoot as a ha be passed mrs carruthers Carrut berB house because he be think it necessary nece lie said on his first f examination x 0 just as he be got up to mrs mra carruthers Carru thees bouso he be passed me then I 1 could have ahot him but bat because I 1 was afraid of shooting somebody in iii tho the house when aben he ha fired the tha first shut burton barton had bad just turned the corner of 0 mrs Carruther shouse when he fired to lie halted hailed bu burton 1 T toying a i D n y you on gaon go on ora or 0 jd d d you goon go on or ill shoot you ordered barton to lo throw u up lis his hands bands when he bo ali approached prose pro ached he witness was excited remember saying G d d n you yoa throw up your hands j ive got you now BOW I 1 told him to go on him to keep his hia hands up to go to the city hall said west of mrs car ruthers rut hersi ID D n you go on or ill fix you yon right hero here burton made no reply dropped his hia hands bands once occo or twice when martin ordered hirato him to throw thorn them up asked him his bis name and business ba siness to which barton re that is ia all right righo at the corner of second south and first east barton was wag willing to go to the city Hall halibut but witness took b him i in south because he was afraid to take lake him north on account of the darkness and because bethought berton might got get away from him barton hat bad made no threats or demondi demonstration ration took tooh him to as thero there was a telephone there elpi expand atad to see aea an officer after firing the arai shot went to mccols mccoys stable buxton order to throw up lik hirt hands bands burton barton made no objection to going on 00 reaching tho the the stable hi he told burton to halt a boy came out oat asked him to telephone for a policeman barton stood with his bis hands up made no effort to strike martin who was more exulted exult d than ever because the boy told hi him 0 there was no officer at the ball but that they would send one on I 1 and because ha ho thought barton has bearing r hag this might mako make a break to esa escape in it ordering burton barton to hold bold up la L ends bands b ha e di did d aa BO w anth i t h a an n i ideis a 0 bluffing blaD lna whoa when mcboy came caage out ads of the stable be ti mcboy I 1 1 ca 0 y a said a 1 a he hed a burton a ban hundred red timofi times ask mccoy who the man was after do da cl clinics i diug dl to 0 be searched soar cheil martin said Q d n you throw up your hands or ill fill you full fall when burton sati said no iou 11 bo be J d d it I 1 do 10 about half a min ciuuto u to elapsed before martin fired the be fatal shot lie ile kept the tha gun gan on him all the time timp ho he waa faso persisting persia ting that he hold bold up his handa bands linew knew the use and handling of tire lira arms arma had fired the pistol once bedfor 0 that bat even ing aae burton after being bald what in in bi are you jou doing martin said enid nothing picked up a bunch of keys felt bartons body tho the only covol ra volver e 1 r he be BOW baw that night was wag the one he used had no par so in in feeling bartons Barton 8 body search him for a gun in the examination below he be said he went want over him tb see if he had bad a kar gun and that he be went to mccoy mcboy and bald see a revolver it was not true that lie be fa found U 11 thit the roy olver on barton he might have hava t had the tha gun and tho the keys in in the same hand band when he ho said i see what 11 I 1 found ho he was waa excited and must have hare got the keys and revolver mixed up 0 0 u ld a t 0 explain lp 1 ain w why b he said heres s a revolver reviver 0 jy itwara awag bf bia intention athlon to L eiva anva i N mccoy ccoy ebb kei kejs i A after or 68 hooting went north and mit met officer barlow remember saying come here and the boys will toll tell you how he be threatened me because burton barton bad made no threats tb mccoy told fold witness for gods soko sake dont dorit shoot him here in reference to the tha statement previously mido mado witness wit nesa coul duo 1 say eay de deceased e a ea was waa disguised ff ha thought L his bia collar jar was 11 turned up who when be cams came out of the kate gate he was ordinarily dressed witness know knew a man named thode thede but bat when the prosecutor asked jt if wi witness wage bad had bad P any y d ill ell with th lim him mr D dickson 1 k objected b 1 acted 4 th the C court t sustained aj iba objection mr mi peters petera we ive have no more mora questions after the rigid crois cross examination of the defendant by mr peters the defense defence offered ono one bore witness mrs schuler yc huler and the case c closed tor for the day on morning the courtroom was crowded with attentive listeners to the arguments of J L rawlins and U S Atto attorney rhey peters tor for the prosecution and WW woods wood and W H dickson for the defense the arguments maats word were eart earnest iest cochise coc coia sise eloquent and feeling appeals judge zano zane then gave the usual ob charge arge to the jury explaining the different degrees of guilt on which a ev rollet may be brought it defendant found the deceased peeping into bis house bouse he be had bad the right to arrest or use such reasonable mean means s as were in his bis power so to do to td defend himself against attacks the jury retired at about G I 1 end and from that time until they re reentered entered at crowds hung bung around the steps leading to the court room and the bou benches clies were well filled with anxious friends of both the defendant and deceased there was waa a silence broken only by the heavy tread read ot of the twelve lury jury men mea and the bailiffs as they filed down the room the foreman with the paper in lis bia hand band i the contents of which meant so BO much to the defendant the silence WAS unbroken as the judge propounded thi the usual question to the fore foreman mari and received the reply I 1 wo bave piper paper was banded to the clerk and every eyo eye was turned and ana every ear strained as aa he be proceeded to untold unfold the document after the usual formal opening it read wo we the jury in id vu case find tha defendant M no 0 guilty A As 9 the last words feild fell from the lips of the clerk a large number of those in ia the audience among whom were a number of soldiers in cit citizen izenas ss dress arose and commenced vociferous applause which bassoon was soon |