OCR Text |
Show j Wounds On Martin's Legs i . Were First Discovered When Postoffice Inspector Saw a Bandage Drop City Physician Testifies as to the Nature f of the Injuries Martin Explained Why He Was Not at i tne Sunday Cock Fight Attorney for the Accused j ; Man Says Martin Will Go on the Witness Stand ; and Tell All, Having Nothing to Conceal ! t Handwriting Expert Arrives Peculiar , I Spelling of Martin Found in Black- j hand Letters. I a Witnesses in the Martin. case this & morning were called to Identify cer-,,. cer-,,. tain writings of the defendant. I It is possible that, either this utterly utter-ly noon or tomorrow morning, the hand-writing hand-writing in the letters sent to L. R. Eccles, November S, as compared I with the handwriting of Martin as i Identified in court this morning, will I be considered. This comparison will I coinp under the head of expert testi- mopy and it is expected that more thfen one expert will be called, ft During last night, carpenters were , kept busy in the court room arrang-' arrang-' ing a platform for exhibits of hand-5 hand-5 writings of Martin and also that con-l con-l tained in the blackhand letters, and t when court opened this morning the large frame holding the exhibits was ; securely fastened to the platform, i covered, however, with canvas, completely com-pletely concealing the writings from ) view. The principal expert witness j will be Theodore Kytka of San Fran-5 Fran-5 cisco who has enlarged the handwrlt- ings a hundred fold, it is said. The frame holding the proposed exhibits : Is 9 by 12 feet in size, and, Inasmuch : as the writings are covered with glass, the frame is very heavy, re-quiring re-quiring three or four men to place it , ; in position. ' Threatens to Clear Court Room. I I The court room was again crowded . j at the beginning of the session this j morning and before the noon hour '. there was not standing room in the j ;l main part of the room. I ; During the hearing, Judge J. A. j ";' Howell took occasion to admonish ; those who were inclined to laugh at ; facetious remarks on the part of the ti i attorneys or at. some remark of a wit- i ness, that there should be no dem- i onstration of any kind and that, if it S ' were persisted in, he would clear tho J court room. Postoffice Inspector Ralph Smith jj-; "was recalled this morning to identify a" certain writings which Martin fur- S : niahed at the police station the eve- ; ning of December 4, soon after his ar-?; ar-?; rest Tho detective .also told of oth- ' er conversations he had with the de- I fendant, In which Martin accounted ft for his whereabouts Saturday nigbl and also the following Sunday, No- i vember S and 9, of last year. The witness said that Martin told ( him that on Saturday, November S. 'i he went home at about 10 o'clock in ') the evening and remained there the balance of the night. On the follow- j. ing morning, he claimed to have rid- $ den to the home of his uncle, J. F. Martin, where he aided in making i- cider. His wife and family came out I at the noon hour and the Martin fam- 1 ' Uv all had dinner together. m'c Mr. Smith said that Martin further told him that ho returned home that 2 evening, which was Sunday. Novem- 15 ber 9, and then left for Evanston. "Wyo., on train No. 4, to seek work. , r He said it was about 8 o'clock when ' the train left. He said that he saw a railroad clerk at Evanston who told ; him there was no chance for work U there. He claimed to have remained I In Evanston a little over two days.i ' when he went on to Green River. He . 0 met some of the railroad men at Hi ' Green River, but did not succeed in !S ;i getting work. He said he was at S 1 Green River a little more than two ' days when he returned home, having rfifi been away about five days. 7 1 Smith claimed that Martin told h i him that he had considered for some It time the advisability of again taking K un railroading as fin occupation. m f Pinkertons Were Active. J5- In another conversation with Mar-23 Mar-23 tin that night the witness said that j the defendant told him that some of I : the Pinkertons had visited his home 41 1 and had him write, and that they told ill1', him that undoubtedly somo of the lo-mi- cal officers would come to see him IF- -: and perhaps annoy him. Martin jtff i: claimed, the witness stated, that the IKS PlnkertonB told him that if the poll po-ll lice officers did bother him any to Bj ,' let them know and that they would II liave It stopped. ' rjK-. The inspector said that at his re-Wt re-Wt quest that night, Martin wrote for Jfi H Wm and that when he complained to Hll Martin that he was writing In too 1 5fi - largo a hand and that It was not his jHk natural style, Martin "became angry Mm and using an oath, said that he li would write his own way, and that he llSf- ilnally coucluded that he would write SM? &o more, as there was one man in jail mW' (already for writing for the officers. i Tho writings given by Martin,, as testified to by Smith, were introduced in evidence and shown to the jury hi Mw- Attorney Leatherwood. Martin wrote under tho inspector's partial ''St dictation of words in his own way Jf' and had no assistance in spelling or 'Mm SminftimMrur. The contents of tho .M: Jvrltlng was as follows, the spelling frs.1 McLaren Boyle, J. H. Martin, M. Martin, Le Roy Ecles, David C. (VtiW Ecles Mrs, Ralph Bristol, ThomaB D. Hit"' Boe, 806 Wash. Av., Flowers and slow Vjli nusic, Ogdcn Utah Dec 3. 1913.2580 trftifc Jefferson Av. three H. $300." ' ' Tbe witness stated further that he -had convoreed with Martin at various 5 m j 'times since then but Martin would s' m lve him no Information. He said "M v 'tnat upon one occasion, when he '''M ; Mked Martin how his leg was getting r along, ho replied that he -"had cut m Mr.' Smith's direct testimony was hot changed under the crosB-examlna- kSS ' tlon of Attorney Cbrlstensen. He ;wH- aenled that he'had attempted to as- sociate Martin with Myron A. Smith. The Cock Fight on Sunday. On re-direct, Mr. Smith said that the defendant had told him that he had been associated with Harry Martin, Mar-tin, his cousin, but very little since he married and Be.ttled down in a home of his own. Referring to the proposed cock fight t the Fair Grounds, on the Sunday of the shooting, shoot-ing, Mr. Smith said that Martin told him that he was a fnncir of chickens and raised some of tbom; he also occasionally Indulged In the pastime of cock fights, but had no appointment appoint-ment to go to one that Sunday morning. morn-ing. He also said thai Harry Martin Mar-tin was not in Ogden at the time of the Edwards' shooting He had heard of the shooting and had also heard of the blackhand etter3. He said that he received a letter from the folks when he was at Green River, Riv-er, telling him that Harfy was away from home. City Physician Testifies. Dr. W. E. Whalen, city physician, testified thai on December 4, last year, he had occasion to examine Martin's Mar-tin's legs and that he found a wound in the shin of the left legaJid one In the ankle of the right leg He stated sta-ted that the one in the ankle was more thoroughly healed than the other and that it had the appearance of being older. The wound in the left leg was still quite rav and red. When he made the examination, the witness said that City Commissioner T. S. Browning, Postmaster W. W. Browning and Detective Robert Chambers Cham-bers were present. The doctor said that Martin claimed claim-ed that the marks on his legs were boils, but that, in his opinion, they were not. The witness said that the marks were puncturcd-like holes that may have been made by a gunshot. On cross-examination, tho witness said that he had no hope of reward" for testifying and that he was not un-l der the influence of liquor when he made the examination. Sheriff T. AVDTSVine "Identified certain cer-tain writings which he said he saw Martin write, December 5, under the dictation of Chief of Police W. I. Norton, Nor-ton, which were read to the jury as follows: Written by Martin. "Ogden Utah, Dec. 5. This communication com-munication is addressed to W. I. Norton. Nor-ton. Dear Sir, fowollng is a list of tho parties who have been blackmailed black-mailed in Ogden City, Mrs. McLaren Boyle, Mrs. George Culver, Mrs Thomas Thom-as D. Dee, Mr and Mrs Ralph E. Bristol and the Ecles family. I am coming to the conclusion long and short, M. A. Smith Gilbert Belnap David Ecles, fowollng is my signature, J, H, Martin." The witness said that Norton dictated dicta-ted the words, but did not spell them for the defendant and that Martin was told to spell In his own way. Seth E. Thomas was called to the stand to identify the signature "J. H. Murray" to a certain paper, the contents of which was not made known, which was signed in his presence, pres-ence, but Mr. Thomas said ho could not recognize Martin as the man who signed the paper. Prosecution Surprised. The prosecuting attorney stated that he was taken by surprise when the witness could not recognize Martin Mar-tin as the one who signed the paper, and asked permission to 'propound leading questions to tho witness. Ho said to the witness: "Is It not true that you told Mr. Davis, the prosecuting attorney, that you knew Martin well and that you saw him sign that name?" "I did not" was tho prompt response re-sponse from Mr. Thomas. On motion of Attorney Christenseh, the entire testimony of Thomas was stricken out. Jedediah Abbott, claims adjuster for the Oregon Short Line, identified certain cer-tain writing which he said he saw the defendant execute. It was a list of household goods which were destroyed de-stroyed when Martin'B home burned about two years ago. The witness saw Martin write a part of the list and he also saw him sign his name. The writing was introduced in evidence. The court then adjourned until 2 o'clock. Afternoon Session. Standing room was at a premium in the court room this afternoon and th state continued the Introduction of testimony respecting hand writings claimed to have been written by Martin Mar-tin and which contained his signature and also certain blackhand letters received re-ceived by the members of tho Eccles family. The contents of the documents docu-ments were not disclosed however and they were marked only for identifica tion. Attorney Leatiierwoou stated that they would be introduced in evidence evi-dence at a later time. District Attorney Davis Btated this afternoon that, insofar as could judge at this time, tho state will conclude the Introduction of testimony at tho end of next week. Tho defendant has about 15 witnesses to examine, and it is expected that it will take a number of days for that purpose, so that in all likelihood the case will not be given to tho jury earlier than April 1. Attorney Christensen states that tile defendant will be placed on the witness wit-ness stand to tell the story of his llfo and make complete explanation regarding re-garding his actions during the time of the blackhand atrocities. He says that Martin has nothing to conceal, and that he will give an honest, straight forward statement. G. W. Barlow, clerk of transportation transporta-tion at the Union depot, having charge of the personal record bureau, Identified Iden-tified a paper which was on file In his office when ho came to the position. posi-tion. No information was given as to what tho document was, but It presumed pre-sumed that it was Martin's record, while he was In the railroad service, with his signature attached. Letter to Fire Chief. Chief of Police W. I. Norton waB recalled and Identified a letter addressed ad-dressed to Chief of the fire department depart-ment and signed by Martin and ho stited that Martin had told hlra he wrote it. A. B. Canflold, chief of the fire department. de-partment. Identified the letter presented pre-sented to him as one received by him and which bore Martin's signature. He stated that it was dated June 3U, 1910, and was a request from Martin for a refund of certain assessments made against him by the Order of the Brotherhood of Trainmen. He stated sta-ted that Martin talked to him about it and said that he thought he was entitled to a refund of 55 because he was not then in the service. Mr. Can-field Can-field was treasurer of the order and, aa such officer, mailed a check for $5 which wns returned to him in the duo course of time with Martin's name attached. He also said that he had received a check from Martin am' saw him write it. These papers were accepted in evidence. L. R. Eccles and Royal Eccles were recalled to identify certain lottors received re-ceived by the Eccles family, one da-led da-led November 7, and received November No-vember 8, 1913, and another September Septem-ber 13, 1913. The contents of the letters were not disclosed nor was there any intimation as to what they might be. The presumption is, however, how-ever, that they were' blackhand letters let-ters received by Mrs. David Ecclea and L. R. Eccles. Judge H. H. Rolapp was a court visitor vis-itor this afternoon and he was given a chair on the bench beside Judge Howell. (Continued on Page Five.) ? WOUNDS ON : mm legs ' (Continued from Page One) . Yesterdays Proceedings. I The testimony of Dr. C. F Osgood (yesterday afternoon was directed dn-m dn-m tirely to the wounds in Edwards' i f .body, but Attorney Leatherwood for I the state explained that the doctor I would bo recalled to testify to other phases of the case at a subsequent time, particularly the X-ray examination examina-tion of Martin's wounds. ; In the beginning, Dr. Osgood was called upon to show X-ray photographs or the eye of a needle and other things as an evidence or the correctness and detailed fineness of the operation of I the X-ray pictures. The jurors were ? shown the pictures and an explana- ;j tlon of the operation of the X-rav I machine was given. Attorney Chris"- j tensen said he would not object to the j demonstration as he considered it I necessary to give some theorv touch- j ing upon the fitness of the X-ray to h produce accurate pictures. , The doctor then showed an X-ray picture of the bullet wounds in the ; left leg of Edwards. In the picture were shown the knee joint, the two bones below the knee and the large bone above the knee. The leg was bandaged when the photograph was taken and the bandages fastened with safety pins which were plainly visible (: the photograph. A number of ..; bullet wounds were disclosed in the ; leg and three sizes of shot were rep- i resented, some of which had since i been removed, while others were still there. The doctor explained that the ' X-ray showed the various bones pcr- fectly and the general makeup and contour of the leg. & X-Rny Evidence. On cross examination, Attorney Christensen called Dr. Osgood's attention at-tention to the fact that the X-ray : photograph showed the large shot in Edwards' leg to be in the bone and lie wanted to know if that was true. ; The doctor said that it was not true - i and that the true position of the shot could not be known until other photographs from different angles should be taken by the X-ray process. In explanation of how to interpret '. the picture in evidence he said that f. it. could not be done except through other pictures. The witness said that ; '. an X-ray picture might 6how a foreign for-eign substance in the bone of the 1 ; leg when, as a matter of fact, it had never entered the bone and might ) ' be on the outer skin of the leg. He also said that an X-ray photograph might show foreign substance in the leg when it was not there at all, but 1 simply in line with the machine and the plate on either side of the leg. But by applying the X-ray to the same k ' object from different angles the lo-' lo-' 1 cation of any foreign object could bo ; -determined within a small fraction of an inch, i Attorney Christensen then lead the : witness into consideration of the ' wounds in Edwards' body, directing his attention, particularly, to the ; ' wound in the groin which Edwards : ; claimed entered his body from the front. The doctor' said the bullet en-i en-i tered from the front, lodging on the j Inside of the fleshy part of the thigh 1 The trousers which Edwards wore U j were handed to the doctor for ex- :. animation and he confessed that there I i ' was no bullet hole in the front of Gj I the trousers, but the doctor, never- I : theless, maintained that the wound in the groin must have been inflicted ; from the front and to prove it he 3aid S he would be willing to examine Ed-wards' Ed-wards' body before the grand jury. : r: The attorney advised him that it would not be necessary to do that, 1 but that he simply wanted him to 1 show, if he could, how a man could ' be shot in the groin and there be no ; f Dullet hole in the front of his trous- 1 . X ers. To the question, the witness H ' ' replied that "Trousers may slip but M ) the skin cannot," and that the best 1 tM proof of how the bullet entered would H be to examine the scar on the man's k M body. j i When asked if he had any particu- 9 ' : lar motive in locating the bullet '. wound in Edwards' leg in front the H ) witness said that he had not ana 2 : that he was simply placing it where 1 i the examination disclosed it to be and where the scar shows it to be-None be-None of the Wounds Dangerous. Dr. Osgood stated further on cross- : f examination that none of the wounds in Edwards' body wero dangerous and : r that only the one, which severed an artery in the leg, was of a serious ; nature. He said that the man suf-; suf-; ferod more from the loss of blood than anything else. ' ( Attorney Christensen asked the wlt- ness whether he was not family phy- r sician to the Eccles' people and that he would receive pay from them for ,: r the X-ray examinations he had made and for the testimony he was giving In court, and he replied that he had :. been the family physician for L. R. j ; Eccles, bnt thai he had sent no bills for the services rendered in the Ed-: Ed-: I wards' case and did not know from whom ho would receive pay for tes- ; tifying. He had no agreement on that point and had not thought of pre-: pre-: senting any bills, ; i On rc-dlrect examination, Attorney Leatherwood, in a leading question, . said to the witness that no doubt he !; va3 not in any hurry In sending in ; bills, especially to parties whom he considered good debtors. To which tho witness stated that he was not. Attorney Christensen quickly re-' re-' ; torted: "In other words, if a man Is poor, you want your pay at once, ' , if rich you don't care when you got ,; r it," at which the examination closed. ' Nurse Testifies. ' ; I Rachel Hub en thai, a nurse In Dr. i ! Osgood's office, was the next witness , and she testified to certain bullets that wero extracted from Mr. Ed-r Ed-r wards' body last November. She 9 ; said that she assisted in the opera-' opera-' tlon and three small bullets taken r from Edwards' leg were turned over to her and that she had kept them in her possession. She presented the i bullets and they were received In evi- :dence. There was no cross-oxanitna- I tlon. I Ralph Smith, the postofflce Inspec- i! ' ! tor, who has been working on the I ' ; blackmailing cases, testified to a con- ' versatlon he had with Martin the day I ; of the arrest. R 1 Io met Martin at tho police stall? sta-ll? : tion and, iu the presence of a number , of the officers of the city, talked with ,p j j 'him about his life, and alBO had him jj 1, exhibit his legs which had wounds In Sj?' iheni. The witness said that Mnrtin 1 ; told him he was 36 years of age audi was born in Texas. His early life was spent at Springfield, Missouri, where he received schooling until he was about 13 years of age. His parents par-ents died when he was 4 years old and he was reared to early manhood by his uncle, J. P. Martin. At Denver, Den-ver, he became a bridge carpenter and worked In that line for the Denver Sz Rip Grande Railway compquy- He came' to Ogden about nine years ago and was married to an Ogden girl, and now has a family. In Ogden be had worked as a contractor for hoiiBe construction and had also 'worked at railroading. Me explained to Smith that he had worked as brakeman under un-der Myron Smith who was a conductor conduc-tor and that ho knew other railroad men. Smith went on to say that he told Martin that, considering his limited educatlonaL opportunities, ho wrote a good hand, whereupon Martin became be-came animated in his conversation and wanted to know what he knew about him or his- handwriting. Smith said he told him that he had seen a good deal of it, to which Martin re plied: "Oh, yes,, J see what you are after; you want to charge mc with writing those letters." , , Saw Martin's Wounds. The witness then said that, he told Martin that he understood he had recently re-cently met with an accident and ho wanted to know how he was getting along. Martin answered that he had met with no accident aiid 'that there was nothing tho matter with him. Smith tpld him that he understood that he Miad a sprained . ankle, . to which Martin responded: "Yes, that is so. While fixing a chair at home some, time ago I slipped slip-ped aud fell over; it, but It docs not bother me now." , The Inspector said that he asked Martin It he had any objection to letting let-ting him see the ankle ami that Martin Mar-tin said he had not. . He rolled upi Ws trousers, the witness said, as he did so a bandage foil from the left leg. On this leg was disclosed a wound on the ohln unci when thy clothing was rnmoved another wound was found at the ankle on the right log. The witness said that Martin "stripped to the Bkln" and that he was closely examined by himself and the city officials there. In explanation of the wounds, the ' witness said that Martin claimed they were bols and that he was subject to them 01 the neck and hands. The wounds yero rather red and swollen, Smltn said, but were pretty well dried up. ThV inflammation and discoloration, discolo-ration, hi said, covered an area of a diametor of about five-eighths or an inch. There were two wounds on the ankle of the right leg, one directly di-rectly opposite of the other, and It looked as though there was a hole through the inkle. Spanish War Veteran. On . crossWaminatlon, Inspector Smith statcdUbat he believed that Martin told him that he was in the Spanish-American war but he did not remember thatl he said, thai he was at San Juan Hill with Colonel Roosevelt. Roose-velt. The government man said that when he cdnversod with Martin he was lnvestlgalng for the government govern-ment and that heVhad no disposition to entrap Martin. |