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Show iiiyiyioiid Fourteen Counts Returned Against Alleged Blackmailer Black-mailer Now on Trial in Ogden Court. DOCTOR DESCRIBES BULLET WOUNDS Close Resemblance of Injuries In-juries of Detective and Martin Related by Dr. C. F. Osgood. Special to The Tribune. OGDEN, March 20. Four indict-ments, indict-ments, totaling fourteen counts aud charging Joseph Henry Martin, alleged blackmailer, with using tho United States mails in furtheranco of a scheme to defraud, wore returned by tho federal grand jury for the northern division of tho Utah court today. The federal indictments, however, are entire' independent of the chargo on which Martin is now being tried. While no statement has been given out here, it is expected that the man will bave to appear in a federal court in tho event he is freed of the present chargo. It is believed that, should he be convicted by the present ."jury, tho govern ment case will not bo pressed. Tho indictments against" Martin accuse ac-cuse him of writing threatening letters to Mr. and Mrs. Georgo W. Culver aud Mrs. McLaren Boyle, and with tho use of the mails to further a scheme to defraud de-fraud Mr. and Mrs. Ralph E. Bristol, Mrs. Thomas Deo Loroy Eccles; MrsT David Eccles and David C. Eccles. Tho fifth day of the trial of Martin in tho district court indicated that there is a growing interost in tho outcomo of tho case. The courtroom is constantly filled with spectators. Wounds Described. Had Detectives David Edwards and Martin been placed sido by sido at the time of tho latter 's arro'Bt on December 4, 1913, aud covered with a sheet, it would havo been impossible to determiuo from tho scabs on Martin's right ankle and the detoctivo's left log one man from tho other so far as tho condition of tho wounds and the progress of their healing were concerned, according to the opinion of Dr. C. F. Osgood. This assertion by the plvysician, which was made during his cross-examination by Attornoy Soron X. Christonsen, is ! regarded as an important bit of ovi-deuco ovi-deuco in tho trial of the alleged blackmailer black-mailer in that it tends to prove that Martin received the supposed buckshot I wounds in his legs at tho same time tho detective was riddled with ball bear-! ings in tho West Seventeenth street shooting. Dr. Osgood made the Btato-ment Btato-ment after ho had testified regarding j tho wounds in Martin's logs and introduced tho X-ray photographs purporting to show a buckshot lodged; (Continued on Pago Throe.) j phmw TESTIFIES li THE MM CASE (Continued from Page Ono.) in the calf of his left leg and particles of melal above tho right ankle. Other than the evidence furnished by Dr. Osgood, who was permitted to testify tes-tify in the midst of anothor lino of evidence evi-dence this afternoon because of his professional duties, the day's sessions of the caso brought forth nothing ot especial importance save tho introduction introduc-tion of tho many blackmail letters and samples of Martin's handwriting into tho evidence. .All of tho letters received re-ceived by four victims of tho blackmailers black-mailers during tho reign of terror extending ex-tending ovor a period of three years, a total of fourteen, were introduced by means of witnesses wlio testified to having hav-ing come into possession of tho communications commu-nications either direct from the post-oflice post-oflice sorvico or through othor persons. Tho persons who testified to having received, tho blackmail letters brought into tho trial of the present case, to gether with tho number introduced by them, aro Leroy Eccles, two; .Royal Eccles. Ec-cles. three; Mrs. Florence, Bristol, four; Ji. E. Bristol, one: Jt. 13. Porter, introducing intro-ducing a letter addressed to iLrs. Thomas Thom-as D. Doe. ono, and Gcorgo W. Culver, three. All of tho letters, togothcr with a number of tho original envelopes in which thoy woro contained when received, re-ceived, aro fastened botween glass plates which have been bound securely together with tape. The entire exhibit ex-hibit of blackmail letters comprises an oxhibit of twenty-livo plates, each ol which was separately introduced in the ovidence. Letters Are Identified. Several hours were eousumed in the inspection of tho exhibits by the witnesses, wit-nesses, who were required to identify each ono as a letter ho had received aud testif3r that the letter was, so far as the general writing is concerned, in the same condition as when received. In addition to these there were several specimcus of Martin's handwriting which wero also inclosed in glass plates and properly identified by means of witnesses. wit-nesses. The prosecution had not completed, com-pleted, its introduction of this sort; of evidence when Dr. Osgood was permitted permit-ted to take tho stand during the afternoon after-noon session. According to tho attorneys for the stale, handwriting evidence probably will be tho Important feature of the Martin trial for the next several days. The principal witness for the prosecution in this respect is Theodore Kytlca, the San Francisco handwriting expert, who has arrived In the city in connection with this case. Ho probably will bo placed upon the stand tomorrow, and Ills enlarged specimens havo already been attached to a large rack constructed In the courtroom for that especial purpose. Witnesses on Stand. The complete list of witnesses who testified tes-tified today included Postofflce Inspector Ralph Smith, who was recalled this morning morn-ing after appearing In the case for the first time yesterday; City Physician Walter Wal-ter E "Whalen. Sheriff T. A. DeVine. Seth Thomas. Jed Abbott. Fire Chiel A. B. Canfield. George W. Paiiow. Chiel of Police W. I. Norton, George "W. Culver Cul-ver and Dr. Osgood. The first direct testimony submitted by Dr. Osgood was in substance the fame us that previously Introduced regarding the examination of tho wounds on Martin's legs at police headquarters during the evening of December -1, 1013, the time of his arrest. The physician declared that In his opinion the scars were not the result of bolls, as Martin had told other persons-, and also told the doctor. The wound in the calf of bis left leg was discharging dis-charging pus, according to the doctor, while the two wounds near the right ankle showed better progress of healing. Photographs Taken. On the morning following this examination. exami-nation. Dr. Osgood testified that lie took two X-ray photographs of each of Martin's Mar-tin's legs and al the points where the wounds appeared. After describing the exact manner in which the plibtos were made, the witness Introduced the plates, and these wero later included as cxmoita, although Attorney Christcnsen interposed an objection to this, which will be contingent con-tingent upon the state's abllilv to connect it up directly with tho shooting of Detective De-tective Edwards. The contention is made that the photographic evidence regarding the wounds in Martin's legs aro Immaterial Imma-terial to tho case al present. After testifying that in his opinion the wounds were caused by gunshot, Una physician explained the photographs in detail. He said that the plates made from the left leg showed tho nresence of a round metal object, which was a foreign for-eign substance. Those of the rlgljL leg, he said, showed pa'rticles of metal- ranging rang-ing in size from the head of a pin to half of a grain of wheat lodged along a course which apparently continued through thf flesh from one surface to the other for a, distance of more than half an Inch. He said that It was quite possible and altogether probable that a leaden bullet should scatter particles in passing through the tissues of flesh. In reply to questions put by Attorney E. O. Leatherwood, Dr. Osgood said that the wounds appeared to be from three to four weeks old at the time he examined them. When asked If he had attended a patient who had suffered from gunshot gun-shot wounds that length of time, the witness wit-ness said he had. and did not object to mentioning his name. The objection of Attorney Christcnsen was overruled by the court, but the defendant's counsel said he would not have objected had he known that Dr. Osgood was going to mention David Edwards. Concluding his direct testimony, Dr. Osgood introduced two X-rav photographs which had been made of Detective Edwards's Ed-wards's leg after (t buckshot furnished by J. Orson Douglas had been fastened to the Uesh by means of adhesive plaster. plas-ter. The witness demonstrated the relative rela-tive size of the shot as it appeared on the pinto when the pellet had been pho-logruphcd pho-logruphcd directly against the plute and then taken through the man's leg three or four inches from the plate. These plates were exhibited to the Jury in comparison com-parison with the one Qf Martin's, left leg. The doctor also marked on paper with the buckshot, proving it to be of lead; and attempted to mark in a similar manner man-ner with ono of tho ball bearings taken from the detective's leg following the shooting. Healing of Wounds. Tn "the cross-examination, so far as it proceeded before the adjournment . of court for. t ho day. Attorney Chrlstensen attempted to hrlng out that it was possible pos-sible to alter the size of objects appearing appear-ing on X-ray photographic plates by means of scratching or altering the surface sur-face covering the glass. Dr. Osgood admitted ad-mitted that such changes could be made by retouching, but insisted that almost any person could dutcct the alterations on tho plate. The witness, In reply to questions, admitted ad-mitted that all of Detective Edwards's wounds, although received the same day. had not healed In the sumo length of time, but snld that, barring Infection, two gunshot wounds in two healthy persons would heal with approximately approxi-mately the same progress. It was then that lie declared himself on the appearance, progress of healing and opinion as to the approximate corresponding corre-sponding time of infliction with regard to the wounds in tho detective's left leg and those In Martin's right ankle.. The physl-elan physl-elan said he could not detect the evidence of surgical operation iu the ankle wound of Martin and neither could he make a statement regarding the probable point of exit and point of entrance of the supposed sup-posed bullet At 15 o'clock the defendant's attorney said he had not completed the cross-examination cross-examination of the witness, but desired to secure some outside information before continuing. For that reason Dr. Osgood will be recalled whenever it is convenient conven-ient for him to . return to the courtroom tomorrow. Smith Again on Stand. Returning to the witness stand at tho opening of court sessions for the day, Postofflce Inspector Smith told of Martin's Mar-tin's statements regarding his movements move-ments on tho day and Immediately following fol-lowing the shooting. The defendant Is alleged to have told Smith that he left Ogden on the evening of November 0, 1013, for Green River and Rock Springs, "Wyo.. and was absent approximately five days. Ho also told of tho Plnkerton detectives' de-tectives' supposed visit to the home of Martin, how he had written for them and asked to be notified In case the police officers bothered him. The witness told of asking Martin to write on police department stationery, which ho did, but wrote In a very large hand. When asked to write In his normal nor-mal hand, Martin Is alleged to have replied: re-plied: "You've got one man In jail for writing', writ-ing', and I won't wrlu. any more." Inspector Smith then identified the first handwriting . specimen Introduced into the case. It Is the sheet of paper on which Martin wroto the following at tho dictation of Chief of Police W. T. Norton: "Mrs. McLaren Hoylc, J. II. Martin, M. Martin, I.oroy Eccles. David C. Eccles. Mrs, Ralph Bristol, Thomas D. Deo. 80G Washington avenue. Flowers Flow-ers and slow music, Ogden, TJUih, Dec. 3. 19KJ, L'nSO Jefferson avenue, three II ?300." The witness referred to the conversation conver-sation with tho defendant about his cousin, Harry Martin, this being the first mention of the relative who was at one time under arrest as a suspect In the blackmailing plots. An objection was raised to any mention of Grand Island, Neb., and this was sustained. During the investigations by the officers It was alleged al-leged that both J. IT. and Harry Martin had been arrested for crimes committed at Grand Island. Statements of Martin. Martin told the officers at police head-1 head-1 quarters, according to Smith, that he had not attended a cock fight on tho Sunday afternoon because he had spent the day at his uncle's house. That the authorities obtained very little Information from Martin following his arrest for th blackmailing black-mailing climes was best shown by an answer he made to Inspector Smith when he attempted to converse with him at a time later. According to his own testimony, testi-mony, Smith asked Martin how his Injured In-jured leg was getting along. The defendant de-fendant replied that he had cut it off a few days previous. In the cross-examination of Smith, the attorney fur tho defense disclosed that Martin hud told the witness he went hoinu about 10 o'clock on thu evening shooting tho next morning. About D o'clock Sunday morning, according to the witness, Martin said he had rode his bicycle from home, G5S Ogden avenue, to the farm of his uncle northwest of the city to help make rider. The wife and children, he said, ulso spent the day at the uncle's home. Smith was severely criticised by Hie attorney for using tho word "disguised" in reference to Martin's Mar-tin's handwriting, when he had never before be-fore seen the man write. Testifies as to Wounds. City Physician Wlmlen"s entire testimony testi-mony was in regard to his examination of the wounds oh Martin's legs. In his opinion the scars were not the result of boils Sheriff T. A. DeVine was called to the stand for the purpose of Identifying Identify-ing another sample of thf defendant's handwriting made at tho Instigation of Chlof of Police W. 1. Norton. In attempting to Introduce a pawn shop ticket, signed by "J. H. Murray." the state encountered its first unwilling witness. wit-ness. Thomas was present when the ticket, was made, but refused to Identify Iden-tify Martin as the man who signed It. Jed Abbott, a claim acent for the Oregon Ore-gon Short "Line railroad, testified that the defendant had signed a manifest of household goods, which was Introduced as handwriting ovidence. One communication communica-tion and a check for S5 In connection with Martin's membership iu the Brotherhood Broth-erhood of Railway Trainmen were likewise like-wise put into evidence bv means of the Identification by Fire Chief A. B. Can-field, Can-field, who Is .secretary of the local branch. George W. Paiiow and Chief Norton wore the necessary witnesses In getting a personal record letter from tho Southern Pacific company file Into the evidence. Other Witnesses Called. Six other witnesses for the state, including in-cluding Loroy and Royal Eccles. Mr. and Mrs. Ralph E. Bristol. R. B. Porter and George W. Culver, testified In rapid succession suc-cession and briefly regarding blackmail letters received. All that Attorney I-eathorwood required of these witnesses was their statements that the letters lm.d come into their possession, and that the communications were In tho tame condition con-dition us received. The list of letters thus entering Into the evidence not only includes those received prior to and leading up to tho Seventeenth street affair, af-fair, but also those In connection with the Canyon road delivery of $1000 and tho robbery of the Culvers, the latter 'occurring In December, mil, and Janu-ar Janu-ar 1'Jl'J. The grand jury completed its v$rk 4 here tbia aftcruoon and was discharged. dis-charged. Joseph S. Hipcinbothani, who is now held under $2000 bonds, was charged in two counts with using tlie mails to further a scheme to defraud de-fraud Harold Poory. Higginbotham is accused of writing a letter to Peery. domanding that ho deliver $500 to Kiggiubot'tiam, whom tho writer said would deliver it. lie is accused iu tho second count of writing a letter to himself, ordering himself to deliver to tho writer of the letter the $500 and to urge his employer, Pecry, to accede to the demand in "the letter written to Pcery. Two of the fedoral prisoners "who were indicted by tho grand jury pleaded guilty at once "and were sentencod by Judge John A. Marshall in Salt Lake. Benjamin K .Harnett pleaded guilty to a charge of stealing a regietored letter from tlic office or the mail transfer clerk in Ogden on December .15, 1013. lie was sentencod to servo sixty days in tho Salt Lake county jail. Olaf J. Wilinar, who is charged with obtaining monoy under falso pretenses by representing repre-senting himself as a lieutenant of the United States army, was given a six months ' sentence when ho pleaded not guilty, Wilrnar was brought hero by attaches at-taches of the United States marshal's office to make his pica. Wilinar operated oper-ated in Salt Lake last .December. Writes Many Letters. In the first indictment against Martin Mar-tin he is accused of having sent threatening threat-ening letters to George w. Culver aud Mrs. Gcorgo W. Culver and Mrs. McLaren Mc-Laren I3o3'Te. In these ho is accused of having informed tho addressees that ho had certain jewelry which had been stolen from them and which he would return to them for $300. The texts of tho letters which Martin is accusedi of having writtou are givon in tho indictment, indict-ment, each serving as a separate count, there being four in all. The first was dated December 25, 191.1; tho second January 1, 1912; tho third, December 25, 1911, aud the fourth Docembor 28, 1911. Another indictment of one count charges Martin with having written a similar letter to Mrs. McLaren Beyle and dated October 30; 1911. Iu this letter reference is again made to a diamond which the writer said had been stolen from Mrs. Boyle and which would be returned to her on payment of $300. Martin again being accused of being the author of the letter. Possible Punishment. In the third indictment use of tho mails to further a scheme to defraud Mrs. Kalpli B. Bristol, lialph E. Bristol, Mrs. Thomas Dee, Lorov Eccles, Mrs. David Eccles aud David 0. Eccles is charged against Martin. There aro four counts in this indictment. Texts of letters which Martin is accused of having written on April 1, .1913. to Mrs. Bristol, ou April 2, 1913, to Mrs. Dec, and on April 0 and September 15, to Mi. Bristol are given in tho sop arato counts. Tho fourth indictment for the same offense involved alleged attempts to defraud Leroy Bccles, Mrs. David Eccles, Ec-cles, David (.'. Eccles and Ralph E. Bristol. There are fivo counts in this indictment, including letters alleged to havo boon written to Mrs. David Eccles Ec-cles on September 15, 1913, September 20, to Mrs. Eccles. David C. Eccles, October 1, and letters to Leroy Eccles on November A and November 7. 1913. Sentences for the offense charged may vary from one to seven years on each count. Maximum sentence for the fourteen counts would therefore bo approximate' uiucty-cight years, and minimum sentence fourteen ears. Tho average sentence for the offense runs from one to three years. Tn the event that Martin is discharged in thu state court at the end of the, trial now in progress he would immediately be arrested ar-rested on the federal indictments. Ttcnorts from Oedon last nighl wero that Myron A. Smith has been indicted also on a charge ot conspiracy in the alleged blackmailing operations. It is believed that this indictment was not announced bv tne grand jurv nepdiug tho service of a warrant on Smith. |