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Show II Martin Tolls the Jury He Was Shot Sept. 24 Fails to Explain Who Shot Him or Why He Was Shot I Wounds Were Dressed in October on the Day of the Shirk I J jf Funeral Accused Man Claims to Know Nothing I i as to the Use o Giant Powder Says He Met II i Mrs. Boyle-Wallin at Several Parties and I Spoke to Her at Those Socials 1 Cross Examination Begins. I This morning, when tho Martin f case was again called for considcra- I tion, the court room was packed with t people and It was with difficulty that If order was maintained during the i progress o the trial. In fact at 9:30, when the bailiff opened the court room doors, people rushed Inside and within a very few minutes the room was filled to overflowing. Many of . : the faces of Friday were there and new ones in great numbers were to f be seen. in the audience. All space in- t side the court railing was taken and L some of the lawyers who were pres- ent to attend to legal matters were E forced to remain on their feet !' Judge Howell first took up the probate pro-bate and regular trial calendars of the court, passing on questions on the former and setting cases in the latter. lat-ter. It was after 11 o'clock before the defendant was called to the wit- ht, ness stand to continue his life story, J i which he began last Friday He was j ) in his usual good spirits- and was the i f- same positive witness as before. Mar- f tin was clear again in his speech I j,' and he appeared to understand all he I i was talking about. There was no I hesitancy on his part In answering I , questions, as thej- were given him, j and he seemed to have no fear of the I effect the answers might have on the j: minds of tne jurors. I: f The defendant resumed his story W ; by stating, In answer to a question of his attorney, that he had never I' I known Dr. Lee, who testified that he 3' was at Morgan November 9, and that It ! ho had never seen him before the i time he came to the city jail to iden-l !l i, tify him. which was a number of days ;s after his arrest. He said that Lee !' ! was at the jail with Chief Norton, V Sheriff DeVine, Sheriff Butters, a Mr. i Browning and some others. He said g f that Detective Burk took him to the J r chief's office where Lee was waiting. f lie was given a seat between Lee St and Browning and after a short con-Si'" con-Si'" versation between Lee and tho offi-Klj offi-Klj cers respecting the weather at Mor-Svr Mor-Svr gan, Lee left the room, following jgr Sheriff DeVine and Chief Norton at r, the chief's suggestion of motioning. S The side door of the office was part-I part-I ly open the defendant said, and he 1 was called out by the chief. He was I asked to let Lee look at his legs, re . -which he did unhesitatingly. He said that Lee came up to him and, plac- ing his finger on the wound near 'h tho ankle of the right leg, said to $ . the officers, "That's It" The witness said that he saw Mr. II . and Mrs. Daniel Geary of Morgan at 1 the county jail and that he membered (i i J just how they identified him as the g . man tbey claimed to have seen at I I ' their home in Morgan, November 9. il He said he was told by Deputy Sher- 1 Iff Hobson to line up in the corridor a of the main jail, after having been 3 brought from his solitary cell" for ir identification. Both the Gearys talk- Ied with the deputy sheriff briefly and . then walked over to him and, plac- . ing their hands on his arm, turned , to Hobson and told him that "He is ! the man." At that time, Mr. Martin said, he wore a pair of brown trou- I sers and a black shirt. The other ; prisoners wore overalls and some of ' them were in their undershirts. ! There was one young man in the I crowd of prisoners, the witness said, J : ' who was nearlv his height and had black hair. He was only about 20 years old, however. He said that d ', Mrs, Geary did not positively identify him but said she thought he was tho I man. He said there were others from E Morgan brought to the jail to identify I . him but that they had not been called gm as witnesses. 51 Referring to L. R. Eccles, Martin mm said that he did not know him and mm .that he hnd never talked with him EIH 'over the telephone or otherwise until A the evening he came to the city jail. H The prisoner said that at that time 3 Eccles attempted to dictate some m writings to him. In fact, the witness '7$ saId there were a number dictating fj-j to him at the same time, among them being tho Postoffice Inspector Ralph i Smith, and others. He said he wrote S for them as best he could and that his writings became known as the I "prison letters." Ho said that Chief Xk Norton also dictated writings for him HSj the next day, December 5. f$ Martin Was Shadowed. P-S Speaking of his arrest, he said he J "as taken into custody by Detectives 'Chambers and Burk within a short I' stance of his liome gate, and he 4 knew then what they were arresting him for. The Sunday before his ar-85 ar-85 I test ho said that Detective Blair and t$ t .another Pinkerton, whom he could TB I pot name, but described him as be-T- l tno "yellow haired" fellow and r: 1 called him "Blondy," camo to his 1 t ome and talked with him regarding 1 j life He understood, when they .3 , i asked him to give them a sample of t v' handwriting, that they intended to ';: mpllcnte him in the Edwards affair. ': as ho had learned from his friend Ray ; Shurtliff a number of days before , I at the Pinkertons were after him; i : He said that Ray told him a Pinker-fj Pinker-fj . ton had accosted him after dark on i , j Madison avenue and told him the ol-j ol-j Hcers were after Martin. The wit- JeBs snld he knew that the detectives -i : ' nad been shadowing him at least lit-.1 lit-.1 ' teen days before he was arrested. "; j Gambled on Chicken Fights, rf'l h Making an accounting for his earn-5j earn-5j 1 "iE8 t3inco he discontinued working on the railroad In 1909, Martin said he started out with $1580 which- he concealed in the barn. He also banked bank-ed some money. He got $1300 insurance insur-ance on his house when It burned and had earned small amounts from thai time until he was arrested, aggregating aggre-gating about $100 or $1200. He had spent his money for the support of his family, but said he had gambled some, mostly on chicken fights. He had played some poker, but very little. lit-tle. He considered that ho was "to the good on his bets about $400 or $500," and that what gambling he did was not more often than three or four times a year. His bets on chicken chick-en fights ranged from $1 to $20 each winter. The Reese Shotgun. His closest friend, he said, is Ray Shurtliff outside of his family and relatives, but that ho was acquainted with hundreds of people In Ogden. He knows M. A. Smith who is now being held in connection with the black-hand black-hand letters only in a casual way. He had never worked with him, nor under un-der him on the railroad and could not remember of ever having spoken to him. He said he had seen him around the railroad offices and that they were breaking on the same division, di-vision, but not in the same crew. He said he had never had any association associa-tion with him or his family and knew nothing about him. He also said that he never told Postoffice Inspector Smith that he knew M. A. Smith. He also spoke of Jack Greenwell as an acquaintance. Respecting a certain shotgun that was described In a letter some time after the Reese holdup, January 2, 1911, which was purported to be one that was used by the bandits in that affair, the witness said he had never talked with Sheriff DeVine about it at any time or in any place. He said he road tho description ot the gun as given in the newspapers but that he had never talked with the officers about it. Martin said that he had never talked talk-ed with Mrs. Wallln over a telephone, as stated by her on the witness stand, and that he had never visited her bedroom and taken from her a diamond dia-mond ring. He also said that he did not meet her on Washington avenue and return her the ring for $100. The witness stated, however, that he had seen Mrs. "Wallln at a number of dancea and had held short conversations conversa-tions with her. He said that he and his wife were at a dance last fall at the Heripltage where he saw Mrs. Wallln and talked with her. Others present there, he said, were his wife, Mr. Wallin. he thought, Mrs. Kings-ley Kings-ley and others. He also claimed to have seen Mrs. Wallln at some of the parties given by the Eagles., He said that he had seen her at three or four dances since 1911. Could Not Use Giant Powder. He denied emphatically that ho never talked over the telephone with L. R. Eccles and he declared that he knew nothing of the use of explosives, explo-sives, such as giant powder, and that he had no knowledge whatever of telephone tel-ephone or telegraph construction. He told his attorney that he did not know what he meant when he asked him if he knew how to "cut in" on a telephone or telegraph wire or If he knew anything about "tapping," a wire. On the question of guns, the witness wit-ness said the only guns he ever had were a .3S automatic Colts sixshoot-er. sixshoot-er. a 30-40 rifle and a 41 Remington pistol. He had never had a shotgun In his life and had never used a sawed-off shotgun. The only shotgun he ever used in his whole life, he said was his uncle's 12-gauge Marlln and that he used that on a hunting trip with Phil Planz of this city. On the night of November S, the witness said, he talked with Ray Shurtliff, Lee Shurtliff. Mr. and Mrs. Lee Reetler, a bnrlender at the Potter Pot-ter named Nelson, Theodore Giers of the Den Cigar company, Frank Billings Bil-lings Louis Shurtliff and young Foul-ger, Foul-ger, and that he was not on Seventeenth Seven-teenth street that night. Afternoon Session. Attorney Christensen stated to Judge Howell today that he expected expect-ed to conclude the Introduction of tnstlmonv in behalf of the defendant bv Thursday evening and that there was a possibility ot gutting through a little earner. for the state is not positive as to the time It will take. to examine witnesses wit-nesses who will give rebuttal testimony testi-mony but the general Impression pre-vans pre-vans with tho attorneys for both sides that the case can be finished by tho end of the week. , , ... On further direct examination this afternoon, Martin stated that ho hart told the officers that the wounds he had in his legs were boils, hut : that as a matter of fact they not hoiis. u niifi that he received the wounds Sentembe ? 24, 1913. on a Wednesday fining . and that they were dressed For the first time the latter part o October, the day that a man named Shirk was burled. Sneaking of his wages from the ra I-road" I-road" companies, the defentont JjW he received an average ot about sioo a month and that ho discontinued his ieSlcc? for the railroads in Decein- beAll1the' letters that have been Intro-duced Intro-duced in court, Including his writings as well as the blackhand letters, were presented to the witness. He identified iden-tified the letters written to Canfield and to-the claims agent of the Insurance In-surance company as well as what are termed the "prison letters" as being his hand writings, but denied strongly strong-ly that he had written the blackhand letters. He said he did not write them, did not know who wrote them, did not see them written. They were not written at his instance or request and ho did" not know who wrote them and had never seen them before. On another point, respecting the shooting of Edwards, the defendant replied, "I did not shoot Edwards or shoot at him. I was not at the place of the shooting." Martin also denied having ever written any letters to Mr. and Mrs. Culver, or that he had written black-hand black-hand letters to any one. Was Knovn as Murray.' He explains where he roomed while at Green River, Wyoming, soon after the Edwards shooting by saying that ho stopped at a place known as the Elkhorn rooming house, and said that he returned homo on train No. 3 Saturday Sat-urday morning, November 15. He said that he could not remember whether he registered, but he was of the opinion that he signed the register regis-ter either in the name of Martin or Murray. He said that he was known by a good many as "Murray," and that he sometimes usod that name, but not for the purpose of deceiving any one. He said that at home he is called "Henry" and that his friends outside the family called him "Joe," The witness said that in January of this year, Jedediah Abbott, plainis agent for the Oregon Short Line, came to his cell and remained with him about 30 minutes. He said that Abbott told him that he had been to his uncle's place, talking with the folks about the blackmail letters and the shooting of Edwards. The cell was locked while the conversation took place, the witness said and Abbott Ab-bott wanted to know of the defendant defend-ant what he had' to do with the affair, af-fair, saying he did not think much of the proposition at first but that, after aft-er he had read some of the letters the witness had written and compared com-pared them with the defendant's handwriting, he had thought differently differ-ently and came to the conclusion that the defendant had something to do with the crime. "Joe, are you guilty or not?" the witness declared Abbott said to him, to which he replied that he was not. "There is something funny about this affair," the witness said Abbott told him. "I was arrested as being your partner and was held under suspicion sus-picion quite a while." "Do you think I believe that kind of stuff you are giving me-" Martin said he told Abbott. Then the witness said that Abbott told him that if he had anything to-do to-do with the affair that it would be Well for him to tell it all and get some of the reward. Martin said further fur-ther that Abbott told him that, as his friend, he thought he would not get more than five years and that he would see to it that his family got his share of the reward. The Cross Eaminatlon. Attorney Leatherwood began the cross examination shortly before 3 o'clock by having the defendant review re-view some of the Incidents of his life as had been related on direct examination. exam-ination. At first the defendant said he had never been arrested but once outside of the arrest for the Edwards shooting, but' when his attention was directed to a little trouble he had at Evanston with a man named Beck, he recalled that he was arrested at that time for assaulting the man. |