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Show J. H. MARTIN IS CHARGED WITH I ASSAIiTWITH INTENT TO KIEL Time For Preliminary Hearing Before the Municipal Court j Has Not Been Decided On Harry Martin Again Arrested Ar-rested A. B. Foulger Rode Home With Martin on Night of Attack on Dave Edwards Return of Shotgun to Home of J. H. Martin Causes J a Big Stir. The second chapter In the prosecu tlon of J H Martin In connection with his alleged connection with th; blackmailing scheme of the past few uf months was opened this afternoon h when County Attorney David Jensen filed a complaint in the municipal court charging .Martin with assault m ith intent to kill David Edwards, j the Pinkerton detective. The first legal step taken was the F petition of the prisoner for a writ ot Nj habeas corpus which was filed In the I .district court yesterday Upon its being granted. Judge Harris issued an 1 order directing the officers to appear M In his division of the district court Wednesday and show cause why they are detaining Mr. Martin The ac I p tlon of today on th pari ol I he county attorney will preclude the necessity of the habeas corpus proceedings ' tomorrow, as the complaint and war 'I ran: ot arrest places the prisoner Ic gaily In the hands of the officers. A time for preliminary hearing wil be agreed upon by counsel The ac tlon of the municipal court In the mat ...' ter will be in the capacity of a com milting magistrate to 1 t i mine whither whi-ther there is probable cause to bind ffihe defendant over to the district .court for trial I'he defendant will jHhiot be required to enter a plea before be-fore the magistrate and the hearing ?5Vlll be perfunctory and quite likei ex parte .'he officers of the city and county ere huslly engaged now getting togeiti i cr rhp witnesses upon whom they will jj rely ior a verdi t against Martin. Tli' process of elimination will be entered Sinto to obviate the possibility ot intro duclng testimony that will not be germane to the charge preferred great many alleged facts written in 1 the newspapers will never be intro t dn ed tie ; ! i.. I t lie ase anc, many who have been quoted as hav Bang knowledge of incriminating facti will never be called to the witness . stand. Those who are seeking share of the reward, but who reallj know nothing of importance in tin f l case, will not be called to testify ano L perbi' ps some v bo think i ! do not know much nin be requln d to Btati what they know to the court There base been no new develop mems In the past 24 hours and It ie aid by the offlcerB and the attorneys that about all the facts that will be uaed at the preliminary hearing are at hand Chief Norton and Sheriff De Vine say they think they have BUffl clent evidence to bind the defendant over to the district court and County 9 I Attorney Jensen and District Attor E I ney Davis are of the same opinion Yesterday Chief Norton and othei I ofticer6 conferred with Alvln B. Foul ger regarding his know, edge of Mr t Martin's habits and learned from him that he nccompanled Martin horn- a1 11 o'clock on the night, or tin battle B with Edwards on Wesl Seventeenth i 6treet Mr Foulger said today thai I the report that he had a great deal I to say about Martin respecting his re cent actions is not true. He says that I he knows nothing of importance about Martin and that he has not said thai i he would make a lengthy statement on , ( the witness stand. In fact he is not t certain that he will be rilled as a WL witness, ns the fact that he accom panled Martin at 11 o'clock on the night of the shouting Is not very ma E terlal. r Chief Norton and Sheriff DeVlne K say that the elaborating on what f Puuigei- said and will testily to is I far-fetched and of practically no con I I sequence and they are not certain whether the man will be a witness fo t the state. Foulger Is a neighbor o( the Martin family At the time of Martin's arrest a ( long barreled shotgun was taken pos session of at the borne of J. F Mar I tin on West Seventeenth street, and ! was retained bv the officers until last f1t evening when it was returned to the 1 elder Martin The trip nf the officers K to the home to deliver the shotgun led j some to speculate considerably a8 to I the possibility of new and startling h ClllCS The bandits have always employed aawed-off shotguns, as nearly as ar be determined, and steel ball bearings t have been used. The officers were KOf the opinion that the long barreled I shotgun might have been used at j. some time with steel bullets whi i IHH would have creased the gun. After the weapon had been exam y Ined carefully, and no evidence foutm U ; of ballbearings having been used In It U ' us Deputv Sheriff J I ... Ilubson stated F this morning, the weapon was return I ed to its owner. Frank Balr who has been quoted I by some of his relatives as saying sj that he recognized the picture of J. MR H. Martin as that of a man who short ly after the Reese holdup came Id the railroad shops, and secured sawed XJ off shotgun from a heap of cast-ofl -a Immaterial, and. in so doing, disclosed PR LI aaclt of Jewelry, some of w hich was V ' 8C altered abi-.il !!. pl:- e. s'ate.l -la, Withal the story Ih not true LA " deny It absolutely," said Balr never vald such a thing to anyone I Yeaterday afternoon young Harry D Pa lartln, cousin of .1 11. Martin, was yBU'(i again and taken to the eoun .j&W I Jail The young man was ar grp4 lted a i I he time I H Martin a lbn Jnto custody but was released J & srort time, as his statements re flf B'ng his whereabouts at that time i e satisfactory to the officers. :J f is said by the officers that Harry j Been a little sullen when repealed lHiuep: :!!. i the pa6t few days I and that they concluded that he had more to do with the affair than they at first suspected The officers do not state, however, Just what charge if any, they will prefer against him If he Is retained long without a com plaint and warrant, It Is more than likely that Attorne Chase will ask for a writ of habeas corpus It Is thought he was arrested for the pur pose of "shaking him down." oo |