Show I MARTELL WOULDN'T SAY WHO wi-go SHOT H HIM SO DOLLS DOLES I S tS is SET ST fREE ft Frank Martell whom he sh shot lt and anil wounded r refused to utter a single word that would in incriminate him tho the I case against Alexander Doles a saloonkeeper saloonkeeper saloon saloon- keeper was di dismissed in Judge Judge- o Dichl s I court thi this morning Doles shot and ancl I painfully wounded Martell Jut ll in the Crystal Crys t tal tel bar bar saloon West Vest First South I street about a week ngo ago Taking tho grounds that testimony he might give o would incriminate himself himself him him- self Martell declined to offer an aD evidence evi cd deuce dence whatever To every question asked bv by Oscar Carlbon Carlson assistant I prosecuting attorney he hp- replied plied Yes No Xo No or I I don dont don't t remember Doles Ioles sat TI next to his attorney William WitHam Wit Wil liam Ham Newton l' and with a quiet ferent ernt expression on his face fumbled a pencil He lie lid did not seem to be afraid in in any ny instance that Martell artell would say sayan an anything that mi might ht help the state to prosecute tb the ease case ase Martell testified that he entered the saloon aloon walked up tip to th the tho bar and he began an anto to drink lie said aid he lie walked over to tho the stove and stood there Ho saw Doles shooting hootin lice die The fhe simple statement from hint him that Martell pulled a II revolver rc and shot him hint would have hwe made a case against Doles but Martell said I 1 dont don't know I r t that sa saw au any gun After a strong plea of the tho part of ot Mr lIr Carlson to force the thc defense to examine cross the witness because of ot the fact fat that he was antagonistic to tho the state Martell was excused from the sta stand nd I Chief hief of Police Pitt was Wt called to testify to a confession which Doles Joles is isI is ac alleged cd to have o mado to him This I brought ht up tip the old question of corpus corpus' delicti According to decisions b by courts CO throughout hout the countr country a confession confession con con- on oh the thc part of the tho ono one incriminated d can not be used usell by a court until it has been heen proven pro that an offense e has I been heen committed The alle alleged ed confession I in this ease case ase was barred because it had bd i inot not been proven that Doles did the the I II I shooting A A spirited Argument resulted on this I l bC t. t cv i l wM rr-wM bwl n-a n r 6 MT 1 Newton ton ld Judge Judge- I Dichl i hl ll decided in in n favor av r I of Newton anti and th that t ended tho the case ease Doles was fU mif I Ij j |