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Show I HARRY MARTIN RELEASED FROM i , CUSTODY BY SHERIFF DEVINE 1 ot Sufficient Evidence to Hold the Young Man Who Was f Thought to be Mixed Up in the Reign of Terror J. H. Martin Appears in Municipal Court and Secures a I Change of Venue Woman, to Whom the Ac- tat I cused Man Talked About Diamonds, Tells tjj of a Pair of Earrings Made From a Ring Martin Claims He Can ( Satisfactorily Explain His (a, I Wounds in Leg. , 'fe I To a crowded house In the munlci ipal court this morning Joseph Henry Martin was broupht before Judge Ul. JH. Recder for arraignment on the ! icharge of assault with Intent to kill I (David Edwards on West Seventeenth T j street, November 9 1913, but the proceedings were soon Interrupted by lL Attorney Joseph Chez who mode a moilon for a change of venue on the istatutorv grounds of bias and preju : ,dice. With an affidavit accompan if Ing the motion, the Judge had no al-ternatlve al-ternatlve than to grant the motion k County Attorney David Jensen re I cited the motion on the ground that Nil the allegation of bias and prejudice LI in the affidavit was merely a conclu ilon of the affiant and tbat It was dls j cretionary with the court as to whet a- ier a change of venue should be grant-rHf grant-rHf ed, the prosecutor Plating that, as a matter of fact, the court was not ""'' prejudiced nor was he biased In the case Judge Reeder, however, decl-ded. decl-ded. even though the allegations of """""I bias ami prejudice were mere conclu-i conclu-i Isions of the defendant, that if the I r..., .1 .., i c ;, tlio l Via rnf cut : fair find Impartial hearing, the case 6hould be transferred to a Justice ot the peace. In some other precinct ot ' Weber county and It was so ordered I iThe attorneys will agTee on a Jus tlce to hold the preliminary hearing and it !b expected that this will be done at an early date, as Attorney 3Sl Cher has demanded an Immediate hearing to which the defendant .s HI entitled under the law. W ii hough the filing of the complaint H and the Issuance of a warrant of in rest made la not necessary, to consld HL er the habeas corpus proceedings. Iwhlch were set for this morulng at f lO o'clock in Judge Harris" division oi . j tin- dlstrn-i couri. :i ipeared before Judge Harris and asked that the ha- bean corpus proceedings be dismissed without prejudice The attorne ex It plained to the Judge that, upon the m I filing nt complaint and warrant ol ai H rest, he conceded that hi- client was 4i P regularly and legally in the custody h of the officers. Iri After disposing of the habeas cor I I pus writ In the case of J. II Mar: In. iy! Atiorney Che presented a petitiou for a writ of like order for HaiT) ii Martin who Is in the county jail. As ttte number of the paper entitled it ta to bearing before Judge James A. Howell. lu.le H . rris advised Mr. tm Che to taV.. He- ruiMrr up in Judge Howell's division. Pr.or to giving his answer to the petition for a change of venue, Judge Reeder ald that he wished to absolutely abso-lutely refute the statement that ap- I'eareu in a iu n. moi had been called Into consultation r with Chief of Police Nortlon, Attor-I Attor-I ney DeVine, inspector McGee and I City Commissioner T Samuel Brown llfl ing, In a meeting held at the city 111 hai: esteiday afternoon. The judge liu fu-ther stated that he did not know that sui h a meeting wab being held , u until he was told of it by the new 'gpa-tll" 'gpa-tll" per- He then had Chief Norton X cnlled Into i he court room and the chief corroborated his Btatomeut, m j buying that Judge Reedcr was not Hf at the meeting and could not possi bl have known thai It was being held because the meeting was wlth- "' out pn-ari uiigcmcnt. Chief Norton hhl met Mr McGee, he s;ild. at the City hall ami while they were talking talk-ing Sheriff DeVine came along They called him and then went Into the I Office of Commissioner Browning to dlt-.cuss some matters that had come up and Mr Browning had come into the room while they were there I Judge Reeder said that he had I wanted an explanation made of the niatter becaur.e he felt that such an I act, had It been committed by him, t would have been un-professlonal and I would most certainly have dlsrjuall- fled htm from acting In his official capacity In the case. He said fur- Iher that he had had no consultations I with the officers at any time con- j jVatl cerning the case and that be could P give the defendant a fair and lm- partial a trial as any person who had 0 ever appeared before him but Inas-WySt Inas-WySt lunch a- the defendant had asked lor Zm a change of venue, he would follow "Til Attorney Joseph Chez stated that he as very much pleaded to hear I fjt -xPlatlAllon 6lven by Judge Reed-j f. In regard to the etatenient made by the morning paper, for, when he 4 had read It. he certainly felt that had the statement b.-en tnn . his Client could not get a fair trial be-I be-I lore the Judge of the municipal court lie further stated that he 00 hhed to pot a speedy trial ior bis I jcllent, this week It possible, and twked the oourt to use his authority H I !to further the same by naming a Juhtlcc to hear tlm trial If the at-' at-' .tornoye on both sides could not agree on one Judge Roeder said that he would follow- the. Ikw In this 1T re.-pi-tt and take the matter of nam jlflW ing a justice into his own hands, if . ji ; It was necessary I I County Attorney "David Jensen state, i thai he would noi be ready ! 'to take part in the. case until Frl-rfUl Frl-rfUl I (la-' :is h;ia olL"'r roult matters ojiyji ' tc attend to Harry Martin Released BGH r! It whs not necessary to press fcpetltlon for habeas corpus In behalf f of Hf,rrv Martin before Judge Howell JlpjStoday. Sheriff T, A. DeViue ordered the release of the prisoner shortly after the noon hour The officers Baj they have not sufficient evidence agalnBt the young man upon which to base a complaint In regard to J. H. Martin s actions In the past few months. Mrs. Maggie Van Nest of 241 Twenty first street, where Martin worked at his trade In the construction of B residence under the Wheelwright company, said this morning that she was well acquaint ed with Mr Martin and that her bro ther Frank Fagen had railroaded with him. It was last May, I think, that Mar tin worked on the house,' Mrs Van Nest said, "and I always thought him to be a very good man. He was agreeable in conversation and always spoke lovingly of his wife and chil dren He told us that he made good wages at the carpenter business and had succeeded In accumulating a l little bank account. "Mr Martin spoke a good deal about jewelry of different kinds, telling us that If one should desire to purchase Jewelry at anything like reasonable prices the purchase should be made of a pawnbroker, as tho pawn shop always had good material, purchased at low figures He told us of a dlam ond ring which hi6 wife had made Into two pretty little earrings. He asked her why she took his ring and she told him that he would either lose the ring if he woro It or some one would hold him up and take It away from him " Mrs. Van cst stated that Mr. Mar tin was very gentlemanly and good (Continued on Page ") oo HARRY Nil IS RELEASED f Con tinned from Page lj natured all the time he was at hfr place. She was surprised at his ar rest. Upon bin return from San Francis co. Postoffice Inspector I M.-C.ee stated that there were uo uew devel ? , next Friday at 11 o'clock, Mr. McGe stated that the government would in alst upon the hearing at that time as he is desirous of getting the mat ter deposed of. He has other caaei outside of Ogden to look after, hi says, and It will be quite out of thi question to devote more time to tht I Higginhotham case. While Mr. McGee has not bat much to do with the J H. Martli case lately, he says he is pleased wlti the developments since hla absence li California and expresses the belle that the right man is In custody. H was familiar with the ase In Its In .'ptioti in fact, being the first gov ernment officer to take the mattei up, and Biuce his return to ULih b HARRY MARTIN RELEASED FROM JAIL I opments in the Myron A Smith case and that the examination of the let ters alleged to have been written by him had not yet been concluded b.. the experts He also said that the Inspectors would take their t!me con sideling the handwritings, as they will not be needed in evidence uuti' the grand Jury meets next March Speaking of the Joseph E Higgin hot ham preliminary hearing. sH foi has been advised by Chief Norton and I H ithei officers of the progress made. He States that Martin undoubted'!., will be bound over to the district H court. I H Attorney Chez Is of the opinion that .Martin will be ultimately released and exonorated from the serious charges I H against him. Martin has told him ' that he will satisfactorily explain the shol mds in his lens when (be iJ proper time conies. I i |