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Show I JOSEPH HENRY MARTIN SENT TO PRISON FOR FIVE YEARS Man Found Guilty of Being a Blackhander Is Escorted to State Penitentiary in An Automobile by Sheriff De Vine, Chief Norton and David Edwards, the Man He Shot Attorney Gives Notice of Appeal to Supreme Court. I Joseph Henry Martin was taken to the state penitentiary this morning to serve five years". for an assault on the person of Pii'ikerton Detective David Edwards with Intent to do hod-.ily hod-.ily harm November 9, 1913, on west Seventeenth street. He went to the (state Institution in the custody of "Sheriff T.-A-. DeVine- and Chief or Police "W. I. Norton. Detective Ed-wards Ed-wards was extended the courtesy ot accompanying the officers and the prisoner "to the cnpltal city. The trip was made In the sheriff's automobile At 10 o'clock this morning Martin appeared in Judge HoweUls. division of the district court for sentence and, I when asked whether he had any legal reasons to give why sentence should .not be pronounced, he replied in a clear resonant voice: "I have not." In imposing a sentence of five vears, Judge Howell stated that under un-der the session laws of 1913 he had! tho power only to pass an indetermi-nite indetermi-nite sentence, but to avoid the possibility pos-sibility of the legislative enactment being" unconstitutional, he would fix the time at five years, the maximum sentence for the offense of assault with a deadly weapon with Intent to do bodily harm. The time sentence, if the laws of last year bo followed by the prison board means nothing and the board of pardons will fix the time. Should it be considered that the law providing provid-ing that district Judges shall not be empowered to pass a time sentence is unconstitutional, then the five-year period for incarceration, as announced an-nounced by Judge Howell, will stand. When the sentence was pronounced, pronounc-ed, Attorney Soren X. Chrlstensen for the defendant stated that an affidavit of impecunlosity had been filed and that he would ask 60 days in which to fllo a bill of exceptions, as the stenographer sten-ographer had stated that it would require that length of time to prepare a transcript of the evidence recorded record-ed at the trial. This means that an appeal will be taken to the supreme court in sixty days and that the entire en-tire casr will be reviewed by tho highest tribunal of the state. The state will pay the costs. Mr. Christensen stated this morning morn-ing that he would not attempt to "show probable cause" as that would mean that Martin would be detained in the county jail under solitary confinement con-finement to which he has been subjected sub-jected since his arrest. He desires to have his client In the state prison where he will he accorded the same privileges given other prisoners of the same class, and, he states, tho appeal- papers will bo made out as soon as tho transcript of the record Is made. The attorney for the defendant is of the opinion that the supreme court will reverse the judgment of tho lower low-er court nnd jury and that the case will be remanded back for re-trial. The principal error to be contended before the supreme court will be the admission of testimony respecting blackmail incidents outside of those immediately connected with the offense of-fense charged and upon which Martin was tried. If this point is sustained by the supreme court, Attorney Christensen Chris-tensen says, in tho second trial, there will be eliminated the testimony respecting re-specting the letters received by all the parties connected with the blackmail black-mail atrocities, except the ones directed di-rected to L. R. Eccles in the early part of November last year, and he contends that there will not be much chance for the state to convict without with-out that testimony. He says that it may be a year before the supremo court reaches the case. District Attorney John C. Davis says that he will make arrangements to take up the other cases against MnrHn tho first, one to be the In dictment charging Martin with robbing rob-bing Mrs. McLaren Doyle-Wallin in September, 1911. The case may be placed on tho calendar some time in July. There Is a possibility, however, of a suspension of further prosecution prosecu-tion pending the consideration of tho appeal by the supreme court. Martin was cheerful in court this morning nnd he talked glibly with his friends and attorney. He met his wife and other members of the Martin family just before entering the court room In a pleasant way and his smile was returned by them as he came from his coll. The court room was pretty well filled with spectators spec-tators and a number of those most interested in-terested In the outcome of the case, as victims of the blackhand affairs, were there to hear the sentence. |