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Show j 1RT1 PRESENTS I ! AllBf SUPPORTED Or WITNESSES At the opening of court this morning, morn-ing, In Judge J. A, Howell's division, tho J. H. Martin robbery trial was resumed and Attorney John G. Willis made an opening statement to the Jury as to what tho defondant would prove in defense against the charged preferred. Mr. Willis occupied only a short tlmo in which he stated that the defendant expected to show that he had nothing whatever to do with the alleged robbery and that he was not In tho stato of Utah at tho time. Ho also stated that a number of witnesses witness-es would testify to the good char-actor char-actor of the defendant. The witnesses nubpoenaed to testify testi-fy In behalf of the defendant are as follows: T. J. Fostor and Mrs, Elizabeth Hamlyn of Sacramento; Mrs. Belle Whalen of Oakland; Mrs. J. H. Martin, Mar-tin, the defendant's wife; Mr. and Mrs J. F. Martin, uncle and aunt of Martin, and Nellio Cook, a cousin; C. A. Peterson. H. H. Spencer, Jeffrey Dinsdale, Louis L. Keller, Philip Planz, Mrs. Rose Marriott, Harry B. Bagley, Thomas Fair, Daniel A-Creamer, A-Creamer, Petor N. Unander Charles G. Hamlyn, Matthew L Dinsdale, Bon-jam Bon-jam In Dinsdale, W. D. Watson, N. O. Ogden, George W. Wilson, Alex A. Walker, Charles F. Dlnsmore Samuel L. Davidson, John Dinsdale and F. J. Billings. The alibi witnesses "were excluded from the court room to avoid hearing hear-ing the testimony of each other. Tho order to exclude them was made at the request of Attorney Leather-wood Leather-wood for the state. The first witness called was O. A. Peterson, a conduotor on tho Southern South-ern Pacific, who testified to having seen Martin at Carlln about the middle mid-dle of October, 1911. He said that Martin told him he was going to California Cali-fornia to look for a job. The witness wit-ness said that ho was well acquainted acquaint-ed with Martin and had known him about nine years. T. J. Foster of Sacramento, formerly former-ly foreman of the baggage department depart-ment at Ogden, brother-in-law to the defendant, stated that Martin visited his home in Sacramento during the latter part of October, 1911, and took dinner with them. He could not fix the exact date, but said he was certain cer-tain that It was in the latter part of October. Martin told him he was going go-ing to tho coast to look for employment Mrs. Belle Wholan of Oakland, sister-in-law of Martin, testified that the defendant visited at her home three or four days in the latter part of October, Oc-tober, 1911. She saw him every morning and evening during his stay at her home. D. A. Creamer, a Southern Pacific railway conductor, testified that he had known Martin a number of years and had worked with him at railroading. railroad-ing. He saw Martin at Carlln on the afternoon of October 30, 1911, at which time Martin told him that ho was returning from California where ho had been seeking work. The witr ness said that Martin told him there was no railroading to be had and that he was going back to "wood butchering." butcher-ing." F. J. Billings another railroad conductor, con-ductor, testified positively that he saw Joe Martin at Montello, October 31, 1911, and that Martin came to Ogden that day. He also stated that he invited Martin to "visit with his crow" but Martin did not accopt the courtesy, telling the witness that he had been away from homo about two weeks and his family was alone. He told Billings that his wifo was frightened fright-ened to remain at home alone and that when he was away she was put to the trouble of staying with neighbors neigh-bors at night. Billings was certain of the time as ho stated that his train mon nTTirrwi tViot Hnv nnA b ft had a record of it. Ho also had a record of tho run he made at that time. He had known Martin a long time and could not be mistaken in his identity. J. F. Martin, the defendant's uncle, testified that ho lived within a few hundred feot of tho defendant's home in October, 1911, and that Martin was away from home about two weoks during that month, beginning about the fifteenth of the month. The witnesses wit-nesses said he paid tho defondant for aiding in gathering apples about October Oc-tober 15 and that ho told him ho was going -west to look for employment. Tho witness said, that during tho two weoks that tho defendant was away from homo, defendant's family remained re-mained at his home at night. Afternoon Session. At the afternoon session, the defendant de-fendant was placed on the witness stand in his own behalf, tho direct ex amination nOt UUUUb UP 1UUIO Wim 20 minutes' time. It was confined entirely en-tirely to Martin's whereabouts in tho latter part of October, 1911. In answer to questions put to him by Judgo Willis, Mr. Martin denied emphatically that he robbed Mrs. Wal-lln Wal-lln of a diamond ring on the morning of October 28, 1911, or that he over wroto her a letter. He also denied that ho had ever talked with her over tho telephone, or had ever been to her resldonco. Ho denied that he wrote any of the blackmail letters and said that ho hardly knew any ot the parties concorned in the subject of the letters. let-ters. Trip to California. Martin told of his trip to California looking for work, stating that ho left homo about October 18 or 19, 1911, and returned home in about two weoks, possibly tho first of November. Ho remembered having mot Peterson and Creamer at Carlln on different occasions oc-casions and said that he also remembered remem-bered of having a conversation with Mr. Billings of Montello. Ho said rur-ther rur-ther that ho vlBited his relatives in Sacramento and Oakland. All of these parties were witnesses to his western trip, Mrs. J. H. Martin, the defendant's wifo, testified that her husband went to California about October 18 or 19, 1911, and did not return until the latter lat-ter part of October or tho first of Novomber. No-vomber. Mrs. Nellie Cook, a cousin, and Mrs. J. F. Martin, an aunt, also testified that tho defendant was away from homo tho lattor part of October, 1911. |