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Show II EXHIBITS I GONE; MARTIN 1 THULHALTED 1 Court Adjourned and Search H Started for Handwriting H Standards Used in Case of M. A. Smith. B ATTORNEYS ENGAGE I IN HEATED ARGUMEN1 I District Attorney Davis Is ;9 Placed on Stand to Explain 9 How He Secured Sam H pies of Writing. jE Special to The Tribune JjU OGDKX April 8 Considerable mys- ffM tery was developed In tho prococdlngn of Sffij the Joseph Henry Martin trial today MS whon It was discovered that two of the M standard writings of Myron A. Smith, S9 the first blackmail suspect arrested, have n disappeared, at least bo far as Attorney fljfl Soron X. ChrlstenBcn, tho poatoffico au- flH thorltles and court attaches could ascor- f tain while the court was In session. The ifjfl inability to locate tho much-deatred doc- ' 3l uments caused an early adjournment of . n court for tho day. and a state-wide search . Jfl Is being Instituted for Postoff Ico Inspec- jfl tor L. A. McGco of Salt Lake, who !a be- 3B lleved to know the whereabouts or dl&po- -WM Eltlon of the writings. Tho Smith writings havo a pertinent , jj J2k placo In the present trial of Mnrtln. in H that the defense Is seeking to prove that B A. P. Blgelow, cashier of the Ogden Stato bank, and Robert A. Moycs, cashier of t w the Commercial National bank, positive- Wt ly declared In the Smith preliminary that ( m the same person wrote the so-called I B Smith standards and several of tho black- : mm mall letters which had been received up ; MB to that time. Mr. Blgolow was placed liB on tho witness stand thin afternoon, but JSV offered little evidence because of the ab- f!IN aenco of the desired documents. The search for the missing papers and $fi also the Inability of Attorney Chrlstonsen to obtain possession of a transcript of rifif' the evidence at tho Smith hearing before rrjB United States Commissioner S. T. Corn ' ;;H last October, brought a spirited declara- vim tlon from District Attorney John C. Da- -ifl vis. He resented the Imputation that he Jtfl was withholding exhibits and evidence 'Mm of value to the defenses In the present I W trial. At ono Juncture ho was summoned ' iB to the witness stand by the defendant's ! fl attorney, and forced to tustlfy regarding ' f two samples of Smith's handwriting which wcro finally Introduced In evi- j jB Resented Remarks. fjBI It was later In tho proceedings thut hB the local attorney directed his bitter ar- MB I mignmcnt at Attorney Chrlstonsen. Mar- jfl tin's counsel did not answer the charges B made by tho state's attorney, but the .f subdued laughter which caused tempo- !nB rary confusion In the packed courtroom i made It necessary for the bailiff to rap J1B1 for order. Mr. Davla emphatically de- JmBI clared that he relented the sneers of tho frll defendant's counsel and the Insinuations ;PyB that ho had withhold any sort of-cvl- 1111 deuce which might be favorable to tho S XI accused blackmailer now on trial, SI The resenlmont and first show of spirit filS displayed by tho district attorney wax Tll the climax of a day filled with frequent lj clashes between the attorneys, principally tIBI Attorneys ChrlBtensen and E. O. Leath- fttBB orwood. This was due principally to tho j9l state's effort to exclude the prospective Tt8fl handwriting evidence introduced by the two bank cashiers at the preliminary jfil hearing of Smith, who is now held un- P der federal Indictments for the alleged $P misuse of tho United States molls. frflB Owing to the Inability of tho defense (I to locate tho missing documents which jHfiB formed a portion of tho exhibit in that HjifB trial, and also to the frequent objec-, frifi ;l tlons Interposed by tho state's attorneys, i J llttlo progress was made during the day's li proceedings. By reading from the tran- ii I script of tho Smith preliminary "for f I I the purpose of refreshing the witnes if ul mind." an explained by Attorney Chris- jh Si tcneen, the attorney for the defendant !H IB managed to get moat of Mr. BIgelow's handwriting evidence before tho Jury. J SB Attorneys Argue. i J SI He was not able, however, up to the y, $B time of adjournment this afternoon, to vlrifB obtain a positive statement from tho Jt witness that Jie had identified the Smith i-'isB standards and certain blackmail letters 3 'ffifl ns having been written by the some per- ? HS'B son This was due to tho fact that Mr. i Blgelow mid the missing documents had 1T?$I played an important port In his previous -m opinion. Attorney Chrlstcnsen was will- S mB lng to have the witness answer on the ; ''fiH basis of the documents introduced today, ; VeS but neither Mr. Blgelow nor Attornoy i rftM Leatherwood were willing to consent. t's?iU With the exception of a brief period i'&m this morning, when the defense Intro- ! duced three more character witnesses ifgU and completed that line of testimony, the ; entire day wan given over to the hand- 3H&BI writing evidence with reference to tho I riM Smith hearing. Upon the request of I'tt&BI Attorney Chrlstensen. Postoff Ice In- j spoctor Ralph Smith produced two of t "" ( nfli (Continued on Pago Ten.) . EXHIBITS ISSI, Mil M HALTED (Continued from Page One.) the samples of Smith's handwriting that had been written at police headquarters soon after the man's arrest. Harold J. Packer, official stenographer In .ludgu N. J. Harris's court, testltled that tho documents had been officially introduced Into the ovldcnco of the preliminary examination ex-amination of Smith. When the attorney for the defendant made an effort to ascertain who was present when Smith wrote the wimples Iio ran tip against his rtrst snag of the day. Apparently nobody knew who had seen Smith write, although Sheriff T. A. i DeVlnc afterward tost I lied that he had been there. In desperation iho attorney , appealed to the newspaper men present and learned that H. B. Porter had been in the room. When called lo the witness wit-ness stand Mr. Porter denied that he had seen Smith write the two documents already al-ready in evidence, but It developed from his testimony that ono of the samples, written on a yellow slip of paper, was missing. The witness had been present when Smith wrote that particular one, he said. Sheriff DeVino testified that Postofflco Inspector McGoe had dictated when Smith wrote and that tho postal official had already been subpenaed to appear as a witness for the defense. Cashier on Stand. Attorney Chrlstenscn then summoned Cashier Blgelow to the witness stand. As an Introduction to his prospective testimony testi-mony the witness said he had seen many Flgnatures and cashed checks on tho basis of his knowledge in that line. He was then asked to state who wrote a certain blackmail letter, using tho Smith samples already introduced as standards. stand-ards. This brought the first objection from the state's attorneys. Attorney Leatherwood made the contention con-tention that, while the defense could In-(rocluco In-(rocluco unlimited experts to testify regarding re-garding the handwriting already introduced, intro-duced, It did not Ho within1 the limitations limita-tions of procedure lo Introduce witnesses for tho purpose of making a comparison with a third person's writing. Ho said that on this basis tho defense might go on Indefinitely introducing witnesses for tho purpose of comparison. As tho prosecution prose-cution desired to introduce authorities on tho point, Judgo Howell adjourned for tho noon recess at 11:30 o'clock, and at 2 o'clock ruled In favor of tho defense. In rendering his decision, Judgo Howell said that ho found no decision of the Utah supreme court on the point, and thercforo decided to follow his own Impression, Im-pression, feeling that this had been the state's action In the case, and that the defenso was entitled to the right to proceed pro-ceed likewise. Expressed by use of an old naw. Judge Howoll raid It was a case of "what is sauce for the goose J3 sauce for the gander," For nearly an hour Attorney Chrlstcn-sen Chrlstcn-sen sought to obtain a positive answer to his principal question on the handwriting hand-writing without securing an out-and-out reply from the witness, The bank cashier said that there were many cliaractcrlstlcs which appeared the same, and that in his opinion there was great similarity, but he would not answer "yea" or "no" as to who wrote both samples and blackmail letters. Seeks Transcript. This brought another request by Attorney Attor-ney Chrlstonscn directed to District Attorney At-torney Davis for permission to use the transcript of the Smith hearing, the prosecutor prose-cutor having previously wild that he did not have it. When told that tho stenographer stenog-rapher had said it was in his possession, the district attorney replied, "If you think it is on my desk here you arc mistaken." Martin's attorney made another Ineffectual Inef-fectual attempt to obtain a direct answer an-swer from tho witness, but finally tacked off on the subject of whether there had been anything to causo him to chango his mind slnco the Smith hearing. This brought out the Information that Sir. Blgelow had examined the album containing contain-ing the photographs of the blackmail letters let-ters In District Attorney Davis's office a few days ago, and after he had been subpenaed sub-penaed as a witness for the defense. In answer to further questioning, ho said ho had been told by the attorney that certain of the writings were ilartln's, but that he went to the office merely for the purpose of satisfying his own Interest, and not because he had been asked to go there by any of tho state's attorneys. Attorney Chrlstenscn then asked the witness If he had not said ho would be willing to cash a check on tho strength of the signatures as it appeared in tho Smith standards and the questioned writings writ-ings already Introduced. Mr. Blgelow said he had made such a statement, but based It on the similarity as shown by a standard written on yellow paper. Again the defendant's attorney appealed to District Attorney Davis for information regarding the remainder of the Smith standards, Ha was told that Postofflce Inspector Smith had produced the samples. sam-ples. Christensen Angered. The postofflce official was immcdlatelv called to tho witness stand and testified that he had obtained tho two standards already introduced at the district attorney's attor-ney's office, lie denied that he had delivered de-livered them to Mr. Davis. With no effort to conceal his anger. Attorney Christensen ordered the district attorney attor-ney to take tho witness stand. "Where did you get those exhibits?" he demanded. C "Last week I telephoned to Mr. Smith nt tho postoffico and asked him for the samples of what purported to be Smith's handwriting. When I went to my office tho next morning theso two samples were on my desk." replied the witness. During this statement by the witness Attorney Christensen, looking through an open door Into an ante-room, ordered Postofflce Inspector Smith to cot out of hearing distance. At this point Attor ney Leatherwood took part In tho general gen-eral melee by demanding to know whether wheth-er tho defendant's attorney had seen Smith, Martin's attorney replied that ho had certainly seen tho postoffico official standing near the open door when ho Issued the order. Continuing his testimony, District Attorney At-torney Davis said ho thought the exhibits ex-hibits had been brought to his office bv Inspectors Smith and T. F- Fitch, because he was told that they had called. Smith was Immediately recalled to tho witness stand. He said he had found the samples sam-ples at the postofflce and turned them over to Mr. Fitch, with Instructions to take them lo Mr. Davis's office. Inspector In-spector Fitch, he said, had left town. When the witness said ho had not been able to find tho yellow slip, ho was ordered or-dered to go make a search for it, The ill feeling was not subdued when Attorney Leatherwood said he was willing will-ing to producu anything that would assist as-sist the defense In Us case. "I appreciate your attitude in this mat- ir.Mr. Leatherwood." replied Attorney Clirlstensen, "but thero aro others who do not seem to share the same frame of mind." When Stenographer Packer was recalled re-called lo the courtroom ho said he had delivered the original copy of thn transcript tran-script of tho Smith evidence to District Attorney Davis, who then admitted that a portion of it was .it his oftlcc. It was not necessary for him to produce It, however, how-ever, because Mr. Packer had brought a copy to the courtroom. This was given over to Attorney Christensen for use In further examination of the witness. Uef erring to the transcript of Mr. Elgclow's testimony at the preliminary. Attorney Christensen went into detail concerning tho similarity of tho handwritings. hand-writings. The witness referred to a number num-ber or lettors and words which had appeared ap-peared to him as characteristic in both exhibits, but the cashier complained that tho Important standards which he had previously examined were missing. On the suggestion of Attorney Christensen Chris-tensen a recess was taken whlln he could arrange soma of the questioned documents docu-ments In proper order for examination, but in the meantime he received the Information In-formation that Inspector Smith had not been able to find the yellow standard. When It was apparent after the recess that It would not be possible to successfully success-fully proceed with the examination without with-out tho two standards. Attorney Christensen Chris-tensen ordered subpenas for all of the federal court attaches who probably h;id been connected with tho Smith hearing. This action brought tho opportunity for District Attorney Davis to be heard. In substance, he said: I want it understood that the transcript of the evidence in the Smith hearing and the so-called Smith standards of handwriting used In that, matter were not used by tho slate during the grand jury investigation, investi-gation, nor at the preliminary hearing hear-ing of this clefcndanl, nor at any other time. I don't want you (indicating Mr. Christensen) td sneer or insinuate or indicate In any way before this court and Jury that I am keeping anything from you which would assist you in this case. Subpenas Issued. The defendant's attornoy, standing directly di-rectly between Mr. Davis and Judge Howell and on the opposite side of a table ta-ble from the former, apparently was unmindful un-mindful that ho was being addressed. When order had been restored bv the bailiff he proceeded with the orders that federal court attaches be subpenaed. It was learned that Postofflce Inspector Mc-Gcc. Mc-Gcc. who Is regarded as the person most likely to know tho whereabouts of tho missing documents, la in Mllford, Utah, and preparations woro mado lo summon him to this city at once. Ho is expected to bo present when court sessions are opened at 10 o'clock tomorrow morning On the suggestion of Judgo Howell, an attempt was made to proceed with the examination without two standard gam-plos, gam-plos, but this was objected to by Attorney Attor-ney leatherwood, on the grounds that he would not be able to satisfactorily cross-examine cross-examine tho bank cashier, Whlla the witness might be familiar with the contents con-tents of the missing documents, he said, ho himself had never seen them and could thorofore not picture In his mind what they contained. At 4:40 o'clock court was adjourned for tho day, and tho examination examina-tion of Mr. Blgelow will be resumed tomorrow to-morrow morning If Inspector McGce Is on hand to furnish tho desired exhibits of handwriting. Trial Delayed. The lack of progress today was a. serious seri-ous delay In the trial and It now seems j certain that It will continue over until next week, which Is the fourth week slnco tho Jury was secured. While the defenso may complete its evidence by Thursday night, It Is known that the prosecution has subpenaed ten witnesses to appear in rebuttal. Although no mention of the fact was made during tho day's proceedings, to-; to-; day was something of an anniversary with regard to tho blackmail crimes In Ogden. U was ono year ago tonight that John Lambert, disguised in tho clothes of Mrs. Ralph E. Bristol, and a Pinker-ton Pinker-ton detective named Johnson drove a whlto horso out tho canyon road and were met by the blackmailers and turned over ?1000 n Kld. About twenty shots were exchanged during the fight whlc followed. No evidence obtained by reason rea-son of that encounter has played" anj part in tho arrest and prosecution of J H. Martin as one of the gang. Martln'f prosecution concerns only the shooting o! Detective David Edwards on November 9, 1D13, but the defendant was Indicted by the recent grand Jury In connection with the canyon road affair. |