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Show mm case iBofe Kytka, Handwriting 'felit. k Again on ne !!jjS Witness Stand. i fcMENTS COME NEXT jgjKjnt Evidence Is Ad-'mi Ad-'mi During the Clos-m8 Clos-m8 Hours. UW'to The Tribune. April 11. Tho introduction 'fiEjte in tbo long-dravm-out case l7Eito against Joseph Ilonry Mar-AHCtroaght Mar-AHCtroaght to a closo nt 1:30 !tT3Bthis afternoon, following the avilgBioBof the rebuttal testimony for jHtfutiou. All day Monday will HaEd to the closing arguments, iHffMKieli tbo matter will bo submit-jnrr. submit-jnrr. Today marked tho closo 'ER.jBtctn of Theodore Kytka, tho PTj Ku(jico handwriting expert, .nRiddiug about $400 to his bill tor m jK a the case, featured tho rcbut-"Wfcsce rcbut-"Wfcsce of the state today. The kKert for the prosecution has al-'tfldsred al-'tfldsred to tho Wober county poncrs a bill of $2223 for sorv-bnBriously sorv-bnBriously rendered, making his to-llflHcore to-llflHcore than $2G0O. For the actual HB iras on the witness stand to-5ka's to-5ka's services for tho final trip eWKo may bo computed at the rate WBo:ima"tcly -$10 per minute. lie Rtght buck principally for the -JjHTof declaring' that the samo hand .(jZBVrilo the M. A, Smith standards jBj'Mackinail letters. yMrrned UntU Monday. defense olfored no evidence in ttliigS- lu accordance with the agree- .itachcd yesterday, whon tho de-jjfciteil de-jjfciteil ita case, court was ad-IMModay ad-IMModay when the prosecution had .fjH'tcd that time was about 1:30 lHk this afternoon. Ju ordor to pro-jBwple pro-jBwple time for tho closing argu "mid Judge James A. Uowcll's m-VjJPpj m-VjJPpj to tbo .-jury, court will bo con-JJHft con-JJHft 9 o clock Slonda" morning. In !HBitmoou court will be convened yjM o'clock instead of tho usual ?Br- o'clock in order to grant a TtsBfCt hours for Hi" eloping argn-uKAftor argn-uKAftor tbo reading of the in-ifjBki in-ifjBki about -1:30 o'clock tho jury ljBtriip9ii its deliberations. With jMtpb'on of a verdict or absence 4lMieJi this will bring to a close -"JH important case, from the JjBtot of the general public, that ,;'jHf wrn tried iu Weber couutr. 'nMe nine witnesses introduced, bv tfjM or (he purposes of rebuttal, hHjII testified for tho sole purpose iftBr z "c ass?r'in by Kay i3K.0C0 of Hie principal witnesses "TW defense. This witness testified Wjiwtlio defendant nt bis homo frP5lIiern part of tho citv on Sun-MMping, Sun-MMping, November 0. 1013, follow-gfWjJlooting follow-gfWjJlooting of Detective David Ed-' Ed-' -iB; the Jiioriimg of that day. Bjony Is Disputed. .tvMHM'ircliuttal the prosecution ro-5jBf!toflico ro-5jBf!toflico Inspector lialph Smith. MfiPplicc W. T, Norton and Sheriff Vmc, who testified that Shurt-Auirl Shurt-Auirl in their presence that he Martin from tho time he left gwclty works shop at 10;30 ?Klth bat"rtIa.v evening. November 'iKL lefendnnt. returned from ' IKT ,tr,P t(i Kvanstou, Wvo.. a lfci s ator' The other and $H?i5"f(?ii 'or tho stair were Do-:Sobtft Do-:Sobtft lurk, It. B. Porter, Mv-iBf'w Mv-iBf'w V1 Lehnd D- Thomas and i)cLaren n-vle Wall in. TTtense ma,itt nt cnst one im. jgP'." today when Atlornev So-'SBto So-'SBto n5tCnfe" EU0?-'0ded in exclud-57 exclud-57 1118 state's evidence any tes-iW,D,R tes-iW,D,R t'e alleged signing- of E ?,te'ITrc2jster bv lartin in 'jAEja ' "-.Brown. Judge TIow-E TIow-E an ob.iection to the effect 4K!,'5,1RmnR of th name on the 'aB&t- s not rnaterial to tho Mi?.111' Loland D. Thomas, son 'jMTirii ProPriotor. had beou called mK1i!s s.lan1 bv tbo state and MfrcI prior to tho opening of gMflJons that ho could idontifv IEtt. a" the Person who had name, J. n. Brovn. -MTit.1. Pwns cHed to the stand Ki fiij R flrst witess in rebuttal 4mK C c.11 -four of the standard ImEii. &,mth as tb-osc c SMli n groined when they were MC 10 him in San Francisco by MfeL &??ctor IcGee. Attorney JE;? ltemPtoii to exclude tho 4M& f Scp t0 thc question: "What MaS.I0n a-,s ,0 who "vrrot0 lho SKb Shi's See?k q"e8tioned doc' jBj Witness. IBfri1!10 had overruled tho ob- 9mKi.i th?1 wrofo tho .Smith !SmSc(s I. X0-1 Writo th questioned SmSoi i csc." On crofis-ox-fEMiteiBf ta .Eaia lle hrid renderod !mKd t 11 0 wcl"nail letters re-ImB re-ImB thf,lt ti,nc before he had JK wamplea of Martin 's hand-JMEatinii hand-JMEatinii I,ey ChristeiiBon did not fPjfJis to . hnndwriting 'hon " 1 5psCrQTqueiiti0ined thc- imPortant wit-st wit-st H ruply -to questions, Kytka said fw T t0 r?c-T' $5Q Per dav for the this &Zai "',Uch ,W0,l,d c consumed on abou ?anftnp S"d 1 11 exPCMM. totaling about $400. He also said that he had KeaW a bil1 for h5a Previous services but had not totaled it. ' noXhlr' nOW in, Poession of County Uerk S. G. Dyo, shows that Kytka. e-clHsjye e-clHsjye of his final trip, wilf receive ;nVtor .ttCl,,,al services rendered. This '"eludes six days' studio work in Do-comber, Do-comber, 1913, at $50 per day. twenty-nino twenty-nino days' studio work at $25 per dav a ri Cn ll'dy u e,len a 550 pe'r day. The remainder of thc 2223 is made up of bills for materials used and the expenses of the trips to and from oan ! rancisco. Arniin,. u 1 perts statement, the cost of photographic photo-graphic materials jilono was $217. Residents to Contribute. While this bill for thc export's scrv-ices scrv-ices has been filed with tho county clerk, it cannot bo considered bv the county commissioners until tho " next regular meeting on Monday. It is understood un-derstood that the conntv commissioners will not undertake to "pay tho entire amount from the countv funds and that several of the wealthy residents of the city who aro directly interested in the prosecution of Martin will pay a lar"o portion oi' the total amount for Kytkaa services. In addition to testifying as to Shurt-liff'd Shurt-liff'd statement, Chief of Police Norton Nor-ton also testified that he wns not at the scene of thc Wost Seventeenth shooting between the hours of 10 and 11 o'clock on Stindav morninc, No vember y. Plus was an effort on thc part of thc stato to counteract Martin's Mar-tin's direct evidence that ho had seen the police chief there at the hour mentioned. men-tioned. Jl. B. Porter testifiod on tho same point, denying that ho was at the scene of thc attack along with the police po-lice head. The situation assumed something of a uniquo aspect when tho prosecution called Myron A. Smith to thc witness stand. Smith and Martin had been brought into tho courtroom together, both laughing and jokiug about their abilities as handwriting exports. The mon have becomo well acquainted during dur-ing their several months' stay in tho county jail. Smith is still a prisoner under federal indictment on tho chnrgc of conspiracy in Bonding blackmail letters let-ters through the United Slates mails. Stay on Stand Brief. Smith 's stay on tho witness stand was bricf Aftor testifying that he had bdeu in the county jail since November No-vember 2, 1913, ho identified tho four samples of his own handwriting. Attorney At-torney 12. O. Lcatherwood then handed him each of tho blackmail letters that had been introduced in tho witness' preliminary hearing before United States Commissioner S. T. Corn last fall and Smith denied having written eithor tho contents of tho letters or tho addresses on tho envelopes. Tho federal prisoner was not cross-examined. Jt was apparent when sho entorod the courtroom thnt Mrs. Wallin had not entirely recovered from thc nervous collapse col-lapse which sho suffered sovcral days ago after giving hor first evidonco in the presenf action, Sho was forced to hold to thc backs of chairs as sho made her wav to tho witness stand. Tn a voico scarcely audiblo beyond tbo spectators' spec-tators' railing thc important witnoss for tho prosecution said that she had attended a dance at tho Hermitage hotel in Ogacn canyon on Juno 18, 1913, but that sho had not attended such an affair during tho months of August or September, as testified to by Martin. Further Denial Made. With regard to tho dcfondant'fl evidence evi-dence that ho had seen Mrs. Wallin at dances in tho Eagles' hall on sovoral occasions, tho woman tostificd that sho had novor attondod a danco at that plnco in hor lifo and had boon in the hall only twice. Attorney ChristenBen cross-questioned her only briefly, bringing bring-ing out that Mrs. Wallin had undergone an operation in 1910 and had not been phvsically nolo to danco einco that time. She reaffirmed her direct testimony testi-mony that sho had never attended a social affair in tho Eaglos' hall It has developed that tho original evidence given by Mrs. Wallm for tho stato is ono of tho important points on which tho defense will baso a motion mo-tion for a now trial in enso there is a verdict of guilty. At. tho time of her introduction as a witness for the stato, Utorncv Christcnseii objected on tho ground "that, no matter what her personal per-sonal oxporienccs had been with tho blackmailers thoso experiences did not concern tho present action against Martin Mar-tin for tho alleged shooting of Detective Detec-tive Edwards. In overruling tho objection ob-jection Judge ITowoll declared that he was cither breaking a law or establishing estab-lishing a precedent. It is still contended con-tended that Mrs. Wallin 's ldentiiica-tion ldentiiica-tion of" Martin is not material in the present caso. Aftor tho attorneys and Judge Howell had reached an understanding as to the hours for court sossions on Monday, court was adjourned for tho day. |