| Show HELD FOR FOE MURDER martin tells a very improbable story ol of how it was done HIE HE WITH THE WITNESSES the preliminary examination of the charge of murder against A H martin the slayer of john H barton was concluded yesterday afternoon when the testimony for the prosecution was all in the defendant himself was sworn and in reply to the attorneys gave his version of the affair as IGI fol lows I 1 am the def defendant enfant in this case and by occupation a bartender I 1 reside in bisoy alley off second south street between first and second east on en saturday last I 1 was employed at the of M iBin libin the godbe pitts uel building saturday night I 1 closed the saloon at about 12 and at about 1215 started on my way home I 1 had been instructed by my employer and ie it is the usual thing f for or all ether saloon men to do to te take home any money that might be in the till over a few dollars in change in order that in case of a fire or burglary we e would be that much ahead I 1 was saso aj 0 instructed to TAKE A PISTOL with me in order to protect myself as it was possible I 1 might be molested if it was thought I 1 lad any money on me I 1 did not tale take any of the palova money home with me that night after I 1 had counted it up I 1 concluded to let it remain previous to this however I 1 bad put the pistol in my pocket I 1 had a bottle of medicine in one pocket and a bottle of ale and a package in another I 1 also had bad with me a little dog that I 1 had trained to lay behind the bar as I 1 went along first south street and towards the corner of first east the dog was running backwards and forwards in front ot george lawrences laurences Lawren ces saloon I 1 met george lawrence and another man talking together I 1 do not know whether I 1 passed the time of day or not I 1 passed assed a policeman and edna scott I 1 then went on to the corner when I 1 got to the corner of second south and first east on the east cast side I 1 started across second south diagonally tb the e dog was ahead of me when I 1 was about ten or twenty yar yards s from the side sidewalk walk I 1 saw a man come out ou r of mrs carruthers front gate and walk rapidly away I 1 looked at him and no on bout about ten maids from me he ran across the the street towards the blacksmith slop where it was dark I 1 then stepped inside the gate drew my revolver and alid got down THE FENCE BEN B EN while I 1 was in this position several people passed one or more am not certain low bow many it was dort dark and as I 1 was to in the oada nobody see gee W me I 1 mw fk mu pr gr W 4 waga W t 1 looked and saw th ethnan coming across the street in my direction and I 1 thought he was coming in my gate but bat he be turned and went west however he be went into mrs carruthers and stopped in front of her window lie he then passed down the allex way through the gate I 1 bad first seen him come out of and I 1 lost sight of him behind a coal shed he then went do down wn past bus bys house to where there to is a gate usually left open that leads to my yard after he passed through the gate cale became lie came to my cifes bedroom bed room window and looked through rough tb I 1 had followed him on my tiptoes tiptoed tip toes just then I 1 YELLED TO HIM TO STOY or I 1 would fire he be started to run ran and I 1 ran ran along with him soon after that I 1 tired fired at him be stopped and I 1 told him G d d n you throw up your hands or ill fix you yon he stopped and said all right I 1 told him again to throw up his hands ori or I 1 would shoot he be threw them up he ref refused used to go to the city hall I 1 asked him his business and his name but he made no reply he marched on in front when i got to the corner west I 1 thought I 1 would go down to the stable and telephone lor for an officer I 1 then took him down to the stable I 1 was afraid he would PULL A GUN ON ME MB if I 1 went to main street I 1 had the gun on him all ail the time he went to the stable without any trouble he ke kept t his bis hands up pretty well but wound would occasionally drop them a little when we sot got to the stable we stopped I 1 told some one to telephone for a policeman and asked mccoy to go to the police station with me he consented burton dropped his hands bands down several times and I 1 told him to keep them up mccoy went into the stable and then I 1 asked somebody to search burton barton when he dropped his hands and said I 1 no ill be d d it you do at that tie he made a couple of steps toward to ward me I 1 made bome threats telling him I 1 would shoot him to keep him in fear of me lie he made a move to get behind a wagon I 1 had bad the guu in my hand and I 1 was somewhat excited thought I 1 heard some one coming up behind me and I 1 turned my head bead slightly my foot slipped on ahe ground as I 1 turned and the pistol went off I 1 account for this by the fact that I 1 always pull the trigger of a pistol with my second finger holding my first on the guard but in my excitement I 1 must have had my first finger on the trigger instead of on OB the guard I 1 must have gripped the pistol moru more tightly when I 1 flipped thereby pulling the trigger I 1 HAD NO INTENTION OF KILLING HIM any more you for a moment I 1 did not know chaz I 1 had done I 1 remember going goine up to the body and picking up some keys that had bad fallen out of his pocket I 1 may have taken a pistol to mccoy aud asked him to take it and I 1 may have got the keys and the pistol conf confused used I 1 might have said to mccoy 1 I found lifs th this revolver on him I 1 was excited and did not know but what the keys were a revolver I 1 told barlow he had threatened me I 1 was excited and dont know why I 1 said it cross examined I 1 have been in utah five years have been at mclaughlins ins about three months also was at the earska saloon about six months before that I 1 was a soldier I 1 served sen ed live five years was in the barber business for 9 wh while kite but it pay entered the arav in st louis both my parents are dead I 1 was born in cleveland 0 never knew john H button I 1 might have said that I 1 saw a man looking into the saloon window saturday eight but I 1 was so excited that I 1 did not know what I 1 did say I 1 had drank out but a few glasses of beer that day I 1 was NOT AT ALL DRUNK I 1 asked the stable boy if anyone knew burton barton and luke golightly said no but lie he ki k i afu me I 1 did not ask go lightly 1 s t i i i because I 1 had no conf C i li it I 1 preferred to have muc macj i 1 cit cati cat ohe i he was a businessman nasr man audit and A any anything thing should happen either one way or the other it would be better I 1 was afraid of burton because I 1 thought he be was a burglar he was calm enough until he be refused to be searched at tile the close of the bay an adjournment journ ment was had till gysi adorning when counsel for both addea made arguments gu ments mr ferg ferguson toed that the defendant be held ifor for murder without bail it was evident that the killing aia dove done wilfully f and maliciously the defendant was doubtless enraged at his bis victims refusal to allow himself to be searched and whop when being tired of holding his bis hands hands up uh he ha used some vulgar language and dared martin to shoot the latter GREW ANGRY AND FIRED the claim of accidental shooting made by the defendant was the prosecutor said too absurd the tact fact that he misstated occurrences which were testified to by witnesses was enough to throw doubt on his statements independent of the motive to clear himself of crime martins assertion that burton went down to his bis house bouse and looked into lits bis bedroom w window in dow w was as untrue on oa its face as toe the witnesses bad shown that such a thing athing was impossible in the time one witness Chri had passed burton walking on the sidewalk feet from martin and the witness had bad only walked about feet before the tb first shot was fired tired burton barton cd bar hav reaped ti larun say gay nothing of the length of time that would have been required lor for him to have done as martin claimed the defendants fend ants assertion that burboa refused to go to the city hall was also contradicted by the ibe witnesses as were other statements made by him major woods asked that his client be admitted to ball bail at any rate the greatest offense of which he could possibly be convicted was involuntary manslaughter which was punishable by no not t more than one year in the comaty jail the defendant had been laboring under intense excitement and great bodily fear caused by the mysterious actions of toe the deceased and the belief that ke he was a burglar there could coald be no doubt that he was laboring under an intense mental strain from this cause and had bad his intention been to kill barton he had better opportunities than to wait until there were IL a number of wits witnesses esses around it was not likely that trembling with tear as martin was he could have intentionally fired with such deadly aim mr woods ar argaez that it was plain the shooting was accidental and it would doubtless be so regarded by the trial jury but lie he did not ask the dismissal of the defendant but his admission to ball bail pending further proceedings justice then went carefully aver the testimony ter summing up the evidence and held that the story of the defendant had not explained satisfactorily facto rily what had taken place in the light of all the evidence it was probable that the offense of in murder arder had bad been committed and the defendant martin was therefore ordered emmit ted without ball |
