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Show JOS. H. MARTIN CASE W FAIL TO IE PROSECUTED The further prosecution of Joseph Henr Martin for alleged robberies and blackmail, in the district court, seems now to hinge on the action of the county board of commissioners, respecting the employment of Theodore Theo-dore Kytka, the handwriting expert of San Francisco, and Douglas A. Swan a handwriting export of Salt Lake This was stated In a recent communication commu-nication to the commissioners by Dis- trict Attorney John C. Davis. In his communication Mr Davis advised ad-vised the commissioners that two cases ca-ses against Martin had lcen set for trial December 14, respectively, and that It would be necessary to have the experts on handwriting as witnesses wit-nesses if the state hoped to get convictions. con-victions. He advised the board that he desired to know definitely what would be done respecting the employment employ-ment of the witnesses He concluded con-cluded by salng that, if the commissioners commis-sioners would not authorize him to get the witnesses, he would move to dismiss the cases in the district court In answer to the communication County Clerk Harry Hales wrote Mr. Davis that the board of commissioners commission-ers have given his letter consideration and had instructed him to advise that "the board refused to take any ac- j tion in this matter until the court de i cided the case of Theodore Kytka I against Weber county which case Is now pending in court." it will be recalled that In the firs' ca.se against J. H Martin, Kytka tes tified for a number of days His j eharges for the services rendered i were $25 a day for laboratory work in making enlarged photographs of Martin's handwriting and that contained con-tained in certain blackmail letters and $50 a day for the time he was on the case and away from San Fran-i Fran-i Cisco. The total claim for services amounted to $2500. which the board of county commissioners refused to pay. The board had been advised by the county attorney that it was not a legal charge, there being no prol-slon prol-slon in the state law for the employment employ-ment of expert witnesses. The case I !s on file in the district court but J has not been set for hearing. Attorney General A. R Barnes for the state of Utah, in a recent communication com-munication Lo District Attorney Davis, stated that he considers the Kytka account a legal claim against Weber county. Martin was found guilty and sentenced sen-tenced to five years in the state penitentiary peni-tentiary but he has appealed the case to the supreme court, the principal ground for the appeal being that the court erred In admitting as evidence testimony respecting letters allegod to have been written by Martin in cases other than the one on trial If the supremo court reverses the lower low-er court, it is more than likely that District Attorney Davis will not undertake un-dertake to prosecute Martin on the other charges, if tho commissioners perBlst In refusing to pay the Kytka accounts |