OCR Text |
Show 'MARTIN TO BE TRIED FIRST ON STMGE Alleged Ogden Blackmailer to Be Prosecuted on Charge of Assault Upon Detective De-tective Edwards. FEDERAL CASES CAN WAIT, SAY OFFICIALS Government Is in Position to Take Action at Any Time, Regardless of Commonwealth's Common-wealth's Action. Special to The Tribune. OGDEN', Dec G. The flrst attempt at tho prosecution of J. Henry Martin, Mar-tin, as ono of the blackmailers impll- catixi in, uie pious against prominent Ogdon citizens, will be mado by the stato on a chargo of assault with intent in-tent to commit murder, rathor than by the Xodoral government for alleged tiso of tho United' States mails in obtaining ob-taining money by fraud. This doci sion was roaohed today at a conference of Unltod States District Attornoy H. E. Booth, District Attor-noy Attor-noy John 0. Davis, County Attorney David Jensen, LoRoy Eccles .and the oflicors concerned in tho capture of Martin,' It was decided to take this ! action because of tho fact that the most severe poualty which could be imposed for tho conviction of Martin on any ono federal charge of misuso of tho mails would bo a flno of $5000 and five years in tho foderal prison. It is not probable that a formal complaint will bo filed by the state prosecutors until tho return of Post-office Post-office Inspector 1. A. McGoe from.' San Francisco. Federal Charge Can Wait. Under tho stato charge of assault with intent to commit murder it would bo possible, in caso of conviction, to imposo a long sontenco, and if sufficient suffi-cient evidonce is unearthed to connect Martin with tho holdup of the Overland Over-land LImitod at Iteose ho can be tried for murdor in the first dogreo for the killing of the negro Pullman porter. Martin, according to railroad employees, employ-ees, corresponds to tho description of the "tall man" in the train holdup. It was the taller of tho two holdups who directed tho short man and ordered or-dered the latter to kill the porter when tho negro refused to opon tho door of a Pullman smoking room. There is still another reason, it is said, for attempting stato prosecution before a federal charge is preferred. If the state fails in its prosecution on any ono chargo which may bo profcrrod, the fedoral postofflco authorities say they can proceod with their prosecution for allogod misuse of tho United States mails, whereas if the government introduced intro-duced tho blackmail letters and failed to obtain a conviction the state wolud be doprivod of its basic ovidonce for tho attempt upon the life of Dotectivo Davo Edwards. It is probablo, accord-I accord-I ing to tho decision reached today, that the federal authorities will present evidence evi-dence before tho fodoral grand jury next March and attempt to eecuro an indictment against Martin in preparation prepara-tion for prosecution at some future time. Cases Are Perpetual. District Attorney Booth doclared today to-day that federal cases aro porpetual, so far as prosecution is concoruou, ana that if an indictment against Martin is returned by the federal grand jury the man can bo prosocuted for his alleged al-leged crimes against tho government ovon after ho has been acquittod on tho Btato chargo or has served anv number of yeara after boiug convicted by t-ho 5tato. "Regardless of whatcvor actiou is taken with regard to the prosecution of iMartin, he is not going to got away and wo arc certain that wo have ample am-ple ovidonce to convict him of moro than ono offense," said Poatoffice Inspector In-spector Ralph Smith this afternoon. "In some of the letters which we bo-lievo bo-lievo Martin wrpto, ho has confessed murder and, if other facts will furnish fur-nish sufficient corroboration, that charge will in all likelihood bo brought agniust biro." Having completed their ense bo far as the government ia concerned, Inspectors In-spectors Smith und T. P. Pitch departed de-parted this aftomoon for Denver, thoir hoadquarters. Although .they would havo been pleased to remain and pursue pur-sue further ovidonco against Martin, thov take tho view that the present ovidenco ia amply sufficient to convict the man of hnving written the black-hand black-hand lottors to "Ralph E. Bristol and members of tho Eccles family and tho government does not pay them for obtaining ob-taining cvldcnco to be used in stato cases. The securing of further ovidenco against the man now under arrost has I (Continued On Page Thirteen.) t . i h j i T HENRY MARTIN: "who is uacler arrest in Hi J Ogden for auipected connection witk rccemt blacknaad operation! m tnat city and wko will probably b rt tried on cnargc t be prcferrc i by tbe etate. ::'r: -MpMlr:,; 4m. iitl elifessy n IITE ILL FIRST ISECilTE MM Continued from Pago Eight.) left to the local pollco, sheriff 's and the unknown number of prl-dotectivos prl-dotectivos who seem to havo d and re-crossed tho countless loading up to tho capture of tho sed blackmailer, irencc of Opinion, lie thoro woro no disclosures tc-if tc-if further incriminating ovidonco it Martin, tho officers havo not Idle. In spite of their activitios Being down clowe, tho local pond po-nd sheriff's mon found timo to the Pinkerton operatives with a arraignment for their claims of y in trailing Martin. Tho i "between the locnl authorities le Pinkerton ngenev has been op-io op-io wide as a result of tho recent on tho Martin case that thoro e little hope of a future recon-Dn, recon-Dn, nt least in connection with resent affair, t preparations aro already being to claim all or portions of tho rewards which liavc been of-for of-for the capture of tho blackmail-Sand blackmail-Sand train robbers, is indicated bv secret flank movements 'ou both m, Unci of this rivalry for honor . Itflnnncial betterment as tho rosult Martin 's arrest, is a sentiment that .sourrc of tho original information I I' wove a factor in case of the man's viction. j is not improbable- that Gilbert It. . nap. tho former Wober county sher- Bho was po active in tho case of ron A. Smith, will put in his claim 'a sharo of tho . reward if Martin is jr. vlcted. Only within ihe past few b has it developed that Bolnnp was fjj irestcd in the chase on which local eors and Pinkerton now find thom- s so bnlly tangled. j Inap Well Pleased. Ifl am woll pleased over tho arrest Martin and believe that tho authori-unro authori-unro on the right track," said Bel-this Bel-this afternoon. "T could furnish p evidence which would probably show that Martin was ono of tho mon who did tho shooting out on Woil Seventeenth Sev-enteenth street, but I am not going to do eo at this (time." Another new lead on tho matter of who first camped on Martin's trail developed de-veloped today with tho report that tho niilroad special agents havo had llonry Martin and ono of his relativos undor surveillance for moro than a year past, basing their clews on the train robberies which occurred in 1010 and 1011. Special Agent H. 11. Cordon Cor-don of the Southern Pacific company is paid to have been been one of the detectives actively engaged in following follow-ing clews since tho Reese holdup. Martin, Mar-tin, it is claimed, fits into tho railroad evidence as the tail man of the pair which robbed the Overland Limited. Both Chief of Polico W. I. Norton and. Sheriff T. A. DoVino, tho latter having returned from Bingham late last night, mndc it plain today that they had taken no orders from tho Pinkerton Pin-kerton mon during the developments leading up to the nrrest of Martin and that thoy were not aware of the nature of tho ovidonco which was being obtained ob-tained by tho private agency, although knowing that Superintendent Willie's mon wore at work on thf case. They j assert further that the Pinkerton detectives de-tectives almost "crabbed" tho case bv discussing tho blackmail cases with Martin, obtaining samples of his handwriting hand-writing and assuring him that ho was no longer suspected. Charge Against Pinkertons. "The Pinkorton detectives oven went so far as to toll Martin that if tho police po-lice bothered him in any way about tho blackmail affairs to come to them for assistance, " declared Dotoctivo Bobort Burl; todaj-. "Thov hounded Ray Shurtllff, propriotor of tho Ogden Novolty works, until ho nppoalod to us for protection," continued tho city dotcctivo. DeVine Gives Views. Tho sano view of tho situation was orprossed by Sheriff DoVino today when ho declared, although contending that ho and his mon had definite information in-formation rogarding Martin as early as November 2, that the question at present pres-ent is ono of convicting tho man under un-der arrost, not a matter of who was luotrumoutnl in bringing about his capture. cap-ture. Tho Wobor county officer said: Tho statemont by. Dotcctivo Edwards Ed-wards that neither tho county nor city officers had a lino on Martin until recently, is absolutoly untruo and I want that definitely understood. under-stood. Tho sheriff's offieo had information in-formation respecting Martin tho morning nfter Lelioy Ecclcs's place was dynamited and tho clew has boon followod over sinco and has boon getting strongor ovory day up to tho time of his arrest. Inquiries and investigations respecting re-specting Martin's actions havo been made by tho ofGcers of tho city, the count' and tho government govern-ment since Novombcr 2, and wo havo boon reasonably certain that ho was connoctcd with tho gang of blackmallors, but thero woro not sufficient developments in tho case to warrant an arrest until a fow days ago. Wo wero on his trail before the shooting of Edwards on Seventeenth Btreot, which occurred tho morning of November 0. ' It is not a question, however, of who has been instrumental in placing plac-ing Martin under arrest, but ono of conviction, if tho man is guilty. Tho work of tho officers has boon dono with an eye singlo to bringing bring-ing the guilty parties to justico and stopping tho reign of terror that has prevailed so long. Admission Is Made. Sheriff DeVinc admitted that Pinkerton Pink-erton detectives have appronched his officers with a request that Ray Shurt-liff Shurt-liff and another man, whoso narno was not mentioned, bo placed undor arrest as 6uspocts in the Martin case. Contending Con-tending that tbo' had followod down all of tho clews upon which tho Pinkerton Pinker-ton men based thoir suspicions and found them lacking in strength, tho county officers refused to iako action in tho Shurtliff case. With regard to tho other alleged suspect, it was declared de-clared that a county officer accompanied accompan-ied Superintendent willsio'a mon to a sottlomont in tho southern part of tho county for tho purposo of mnking an arrest. Whon they found the man for whom thoy were searching, ho is said to hnvo not been tho porson thoy had suenectod. No arrest wns made. Sheriff -DcVino and also Chief Norton Nor-ton wero bitter in thoir resentment of Edwards's statement that thoy had been left out of the Seventeenth stroot affair because thero wero leaks in both departments. Superintendent Willsie doclnred that he was in possession of information showing how tho movements move-ments of tho police and sheriff's men woro "tipped off" to the supposed blackmailers. Both of tho local otficors professod implicit faith in tho loj-alty of their mon, refusine to -believe that tho smallest dotail of Information had over been given to improper sources. Sweeping Denial Made. Tho swooping donial of till the charges and insinuations mado by Superintendent Su-perintendent Willsie nnd his Pinkerton oporntivos Binco tho arrest of Martin took the form today of a detailed statemont state-mont for which Posloffice Inspector Smith, Chief of Police Norton and Sheriff Norton aro reaponsiblo. It Is na follows: To begin with, thoro has alwavn been absolute harmony botwoon tho pollco department, tho sheriff's office and the postoffice department depart-ment and its officers and om-ployoos om-ployoos nnd such departments havo worked harmoniously on this case. While wo havo no desire to do-privc do-privc any ono of any credit whatever what-ever to which he may be justly en-titlod en-titlod by virtno of his connection with tho cas'o, official or otherwise, other-wise, it appears eminently proper that tho public should understand under-stand tho truth in regard to tho entire matter. This in view of tho fact of conflicting statements which havo boon givon to tho public pub-lic from time to time through tho medium of the press. As far back as tho Rccso holdup, hold-up, J. n. Martin has been suspected sus-pected of connection therewith both by tho locnl officors of Ogden Og-den nnd railroad detectives. What is known as the Doe-Bristol hold-tip, hold-tip, which was baod noon black-mailine black-mailine letters and which occurred in April, 1012, sorVod to center tho intorost of all tho above mentioned officers upon J. IT. Martin. Renewed Efforts Made. Renewed efforts woro mado to detect tho letter wntor in tho case. Thono other than government govern-ment officor.a from this on kopt informed closclv ' in relation to Martin's whereabouts and associations. associa-tions. Notwithstanding the efforts of tho postoffico inspectors, lottqrs in tho samo handwriting continued to bo received by well-known portions. por-tions. Those letters contained In-variablv In-variablv money demands, accompanied accom-panied by threats of violence and, in somo instances, that of murdor, nnlcss their demnnds woro complied com-plied -with. Naturally the invc- ligation dovelopcd several suspects. sus-pects. The offering of tho largo ro-warda ro-warda herctoforo published, whilo it served to stimulate tho public interest, also served to bring to light a great many matters having no bearing upon tno case as being suspicious in the eyes of persons, who, although reluctant to bo in any manner conuocted therewith, nevertheless Insisted that thoir in-formaJJon in-formaJJon should roceivo consideration. consid-eration. On account of this fact tho various official departments have had before them a mass of alleged facts each ofjrhich it was necessary to carefully weigh and examine" from overy point of view. Much Weeding Out. As a result of this svstcm of weeding out thoro has "been assembled as-sembled by joint effort a number of details which, when thoroughly thorough-ly investigated and woven into logical ovidonco continuously pointed toward J. IT. Martin as one of tho prime instigators of tho crimes in question and in all probability prob-ability tho lottor writer in the case. Conclusive evidence that ho is tho author of the sorics of blackmailing letters mentioned has been fully established by tho efforts ef-forts of the officials of tho postoffico post-offico department and tho examination exami-nation or the handwriting submit sub-mit ted to various experts. With this result as a baso, all departments by assembling details and lines of evidence, some of which has for a loner time been be- foro thorn, a joint conference waa at onco held and the doeision reached that under tho caso, it immediately im-mediately developed that this action ac-tion on the part of tho officers in arrosting Martin was tho propitious propiti-ous moment, as It had been learned that through tho operations of various va-rious outsiders tho suspect was in a position to acquire information that ho was being investigated, which wbuld have put him on his guard if not to cause him to actu-allj- lcavo tho country. Bungling Is Result. It was through tho bungling efforts ef-forts of various outside persons that material evidence in criminal cases somotimes lost forovcr. tho roason boing that thoso would-bo operators, ' by reason of Ignorance and inability to weigh tho ovidonco itself, or on account of their slow perception of tho material facta before thorn, either finally discard what thoy havo found as entirely worthless, or aro unnocossarily slow In applying it as a base of futuro action which might havo led to the arrost of tho guilty parties and tho preservation of material ovi-dence ovi-dence against them. It has boon thus with tho caso in point, and in order to preserve material ma-terial evidence and to securo safoty in promoting further investigation tending to implicate others with theso crimes that, as a result of tho joint efforts and final confor-enco confor-enco botweou tho officors of tho departments de-partments mentioned, that J. II. Martin, the. probable leader of tho nefarious gang, is now under arrest. ar-rest. Had not such action been taken, wo are reliably informed that the now oxcollent status of tho case would most likely havo been seriously impaired by the operations opera-tions of parties in an effort, to in somo manner or other obtain somo desired standing in relation to tho application of tho reward heretofore hereto-fore published. Illustration Is Given. As an illustration of bungling operations by outsiders, tho episode In this caso which resulted in the loss of $1000 gratuitously handed to tho criminals Jby persons seeking seek-ing to inject their presence into tho case with a view to obtaining a reward, re-ward, forms an excellent example. In our judgment, tho status of persons per-sons seeking to obtain a reward in this and similnr cases must finally bo determined by ovidonco showing show-ing conclusively what they did and when the' did it, and their knowledge or lack of knowledge of circumstances which, when actuallj' woighed and appliod, constitute legal evidence. Ono of tho points -which was declared by Sheriff DoVino today to disprove tho story of Detective Edwards with rogard to tho treatment of a "stool pigeon" who endeavored to obtain information in-formation from M3-ron A. Smith in tho count3 jail, was to the offoct that the man was referred to by Edwards as a Pinkorton operativo, whereas ho be-longod be-longod to tho Thiel agency. |