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Show fflSSllEDBUI JfJ BLACKMAIL CASE Sftrney for J. Henry Martin ttB5eeks the Discharge of His' Client. f FARING IS DEFERRED '' itponement Gives Prosecu-' Prosecu-' ion Abundant Time in Which to Act. delis j Off :ial to The Tribune, i 3DBN', Dec. S. The flrsL legal stop h effort to free J. Henry Martin, the 'no held as a blackmail suspect. I ibed tftaken today, when Attorney Joseph t ( t Who also represents Myron A. Pn' Ill, Instituted habeas corpus procccd- 3 ;"l'n the hope of securing the prlson- W 'release from tlic city Jail. Acting on BB petition, Judge N. J. Harris of tho ilid district court Issued an order i handing Chief of Police W. I. Nor- fli .!' fliv Jailor Ilaxbart Anderson to m,'- filed Martin In the district court at ",J 'clock next Wednesday morning, f C 'cause of the fact that the writ was inade returnable forthwith, thejplaus tie attorney were frustrated and the lorltira. Recording to the officers, will M r no serious Inconvenience us it rc- ;'of the procedure It has been in-w in-w td to file a formal complaint against iln upon th'- return of Poslofflce ln-" ln-" tor L. A. McOoe from San Francisco, that official Is expected to arrive to- - llowlng a conference of Chief Norton, Iff T A DeVlnc. District Attorney i C Davis and County Attorney Da-I Da-I Jensen this afternoon It was decided Pf He a complaint tomorrow regardless Wl iliethcr the postoffloc Inspector ro-g. ro-g. It Is probable that the complaint i charge Mart'tn with assault wllh ln-i ln-i to commit murder upon David Ed- 2 Is, the Plnkerton detective, i.' . jvily Causes Alarm. ic action of iho attorney for Martin I oJMjiioner tome alarm anions: the offl- foday before It was known Just what irrlcr of Judge Harris would be. rations were made to forestall any ile release of Martin by the filing of complaint as soon as It could be K'll. If a formal complaint Is filed to-ptri to-ptri row the habeas corpus proceedings ibe of no aall. for tho writ will most airily be denied, jiolhor Impori.-inL development In the ) -tin case today was the arrest and h flnement in the county jail of Harry .i 'tin. son of J. r. Martin, and cousin ). ;, r. Henry Martin. Although the young-V! young-V! iMarthi wa.s released following his :lnal arrest last Friday evening, the r. I officers and postofflce nutliorlties . e never been convinced that he woa .4 'implicated In the blackmail opcra-3 opcra-3 hi this city, or at least that he could . furnish valuable Information conccrn-,-i the alleged operations of Henry Mar- I ger Is Exhibited. A toon bronchi to tho city for another tlonlng today. Harry Martin cx-ed cx-ed consldc-rabl anger and sullen dls- lion, declaring that he had told all he ' v and would' answer no more quos- 8. To ghc him ai opporiunlly to Ige his mind, the officers decided to -him lu a cell at the county Jail. No Itlou was given this evening as to uctlou would be taken In the man's case It may be decided, er, to prefer charges against him nccllon villi the alleged operations ..Mnrtluti in the blackmail cases rney Chez did not enter Into the i case xi ii t II this morning, when, at riuffit of J. F. Martin. Uie uncle of an under arrest, he was Instructed ns Hcnrj 's legal counsel until such us the prisoner should decide to other arrangements. Mr. Chez con-tliat con-tliat he has acted as the elder Mar-legal Mar-legal advisor for the past several but was not acquainted prior to with Henry. After a conference Ihe prisoner at tho city Jail, Mr. lecidod to Institute the habca3 cor-roceedlngs cor-roceedlngs ations in Petition, petition filed In the district court i that J. Men iv Martin has been 11-detalned 11-detalned at tho city Jail by Chief i and Jailer Anderson for the past days without wnrnint or complaint ; been filed against him. It Is then that a writ of habeas corpus bo directing tho city officers to pro-' pro-' I the body of J. 11. Martin in court II . he end that he shall bo restored to 1 liberty. This Is the order of .Tudgo You ate hereby commanded to have W body of J. IT. Martin, by you un-1. un-1. svfully detained as alleged, beforo T)ie b, N, ,T. Harris. Judge of the dls- r let court In and for Weber county, Me of Utah, at the courthouse ! -"" arcof at Ogdcn city, on tho 10th day -""! December, 1013. at 10 o'clock a. j .. to bt dealt with according to law w for you then and there, this j I: w'th tho reUirn of yottr doings j promises. (M Lot fthove order Issdo "By tho Ha- II b CorpuH Act." v S N. J. HARRIS, Judge. . ie ordor waH served on Chief Norton .', .-Jailer Anderson by Sheriff T. A. Do- !tnls afternoon, immediately after the confcrcnco with tho district ounty attorneys waa hold, ement of Attorney. )rnoy Chez declares that there la no etlon whatever between the case-rroti case-rroti A. Smith, now held In tho Y Jail to ansnvor to federal charges Ing the United Slates malls "In an Pt to dnfraiid, and tho arrest of ft for hla alleged connection with nail operations In this city. He norely called upon, according to his applanation, because ho had rcpro-l rcpro-l J. V. Martin In a legal capacity ecauso of the uncIo'B desire that his w should have lognl counsel, hilllflu'rlf (no nvlAnni-n nnnlnut Mar- IfllHp. salt to have taken on greater slg-lrpce slg-lrpce In the case since tho officers tvy secured from tho Southern Pa-WCompany Pa-WCompany a llvo-pago claim wrltton 4 -than a year ago bv the man now J9f arrest. Tills paper was of courso 9. 'it bis natural hand and tho -yrltliig is said to bear a marked rlty to that of the blackhand let- 'lE Tn railroad document has not ,t E?f" Hubmlttcd to exports for ox-' ox-' Ww" as to distinguishing pccullarl-, pccullarl-, ;out the general appearance, It 1h .'pdea, Indicates that handwriting aBPn. an Important strand In the -web --mcrlmlnatlng evidence. jluses to Write. IBcAi10 tlmo Mnrtin was asked by tho 'fuce lnnpectora to rlvo them samples XfclBi8 hnndwiitlng he refused to wtIIb 'Qmk dcclarlng that "you put Smith In 'iB?p v,rltlng small and you won't get , convict myself." Martin, It In said, fimr nt wrlto moro than four words on tf.JP J' paper about nix inches wldo, tho ifJE behig large and laboriously -wrlt- .After repeated rcqueals to reduce i the size of the handwriting. Martin throw down tho pencil and refused to wrlto at The excellent samplo of his handwriting handwrit-ing obtained from tho railroad company Is written with an Indelible pencil, such as somo of the earlier blackmail letters wore wrltton with. It Is declared to be small writing and of such n. general chnrnctor as to give the Impression at once that tho same person had written both it and the threatening letters. Because of the strong handwriting testimony tes-timony Introduced during tho preliminary hearing of Smith and the general supposition suppo-sition at present that tho man in in no way connected with the blackmail plots, the authorities are not eagor to muko their handwriting evldonce against Martin Mar-tin tho basis of their chargcB against tho man. Unless there are further developments, develop-ments, tho X-ray photographs of tho nup-posed nup-posed buckuhot and lead particles In tho man's legs will be tho strong point of tho prosecution. |
