OCR Text |
Show VOICE HEARD OVER THE p TELEPHONE WAS MARTIN'S The J. H. Martin rohbery trial was resumed this morning with the first witness, Mrs. Isabella Wallln, on tho Btand in. cross examination by Judge John G. Willis. It is expected that cross examination will continue most of the day, after which brief redirect questioning will be by District Attorney At-torney E. O. Leatherwood. Before taking the witness chair this morning, Mrs. Wallln stated that she was not feeling well, but she thought sho -would be able to continue con-tinue until the end of tho examination, examina-tion, if sho were permitted to rest a fow minutes at frequent intervals. It was agreed by tho attorneys. that she should indicate to tho court when she desired '-u rest so that an intermission intermis-sion could be ordered. Judge Willis continued his questioning -until about 11 o'clock when a recess of five minutes min-utes was taken at the suggestion of the witness. Mrs. Wallln was pale and nervous when sho stopped Into tho witness chair and signs of fatiguo and illnosB wero on her face. Sho stated before be-fore court opened that she had suffered suf-fered greatly from tho shock occasioned occa-sioned by tho visitations of burglars at .her home four years ago, and that to Tecounf the incidents very much unnerved her. .tor the first tlmo in the course of tho trial, Mrs. Martin, tho defendant's wife, was in the court room. She was accompanied by her oldest daughter, daugh-ter, May, 11 years old, and they both extended kindly greetings to Mr. Martin Mar-tin when they entered court. Mrs. J. F. Martin, an aunt, and Mrs. Nellie Nel-lie Cook, a cousin, were also present. The uncle, J. F. Martin, was in court Wednesdav aftornoon Tint he was not. there this morning. There were but few spectators and only a few of the witnesses for the state were on hand. For Thanksgiving Martin removed his moustache and he appeared in court this morning smooth shaven. He was cheerful, and, with a smooth face, had much more the appearance he bore more than a year ago, when he was tried for an assault on Detective David Edwards. Ho stated that he was feeling fine and said the trial was progressing nicely. He regretted regret-ted that Mrs. Wallln was overtaxed on the witness stand and he hoped that she would be able to pasB through the entire cross examination, as it was of considerable importance to his side of tho case. As Judge Willis examined the 'witness, Mr. Martin busied himself turning the leaves of tho transcribed testimony of Mrs. Wallln at the trial of last year. Ho read her testimony quite carefully. In response to the question propounded pro-pounded by Mr. Willis as to what were the first words uttered by tho robber who secured her ring on the morning of October 28, 1911, Mrs. Wallln Wal-lln said that he said to her: "See here! Take off that ring and give it to me. Bo quick about it-Don't it-Don't try to get out of here as you did before." Sho then was required to repeat the conversation over the telophone of October Oc-tober 30, as follows: "Hello, who is this? "Tills is Mrs. Boyle." "There Is a letter at tho general delivery de-livery for you. Be sure and get It this afternoon or this evening, without with-out fall." The witness, in response to the attorney's at-torney's questions, said that she could readily recognize voices with which she was familiar over the telephone, and that she had no trouble in Identifying Identi-fying the voice of the robber over tho phone. She stated, however, that there had been occasions In her experience In talking over tho telephone tele-phone when Bhe did not fully identify familiar voices, and would ask who It was talking. She also said that she had never had special voice train ing and was not particularly familiar with technical intonations. Mrs. Wallln told Attorney Willis sho had frequently talked over tho experience experi-ence she had with the burglaries four years ago with members of her family, fam-ily, detectives, officers of the law and the attorneys for tho state. She said she had rehearsed them so frequently that sho was very familiar with them and, also, that the strenuousness of the occasions had indelibly fixed tho facts in her mind. Mrs. Wallln Swoons, Mrs. Wallln had been on the witness wit-ness stand only a short time this afternoon af-ternoon when sho began swooning and she was taken to the Judge's chambers for medical assistance. It was agreed by counsel on both sides that the state would bo permitted to place an other witness on the stand until such time as Mrs. Wallln would be able to again take tho starid. Tho witness called was Mrs. Wallin's son, Milton Boyle. When Mrs. Wallin was taken ill, sho was relating her visit to tho police station in December, of 1913, to meet Martin for tho purpose of identification- Sho said that sho knew tho de-fondant de-fondant was under arrest and she knew that her mission to the jail was to meet him and, particularly, to hear his voice. She said that Bhe had heard him converse with officer Burk and that she readily recognized his voice, as well as Mr. Burk's. In explanation of her certainty as to the voice, she said that it was so strongly improssed on her mind the night of October 28. 1911, that it rang in her ears night after night and that she could not erase it from her memory. Milton Boylo Testifies. Milton Boylo told of tho alleged attempted at-tempted burglary of the Boylo home, August 7, 1911, -when ono of the men followed his mother as sho ran to tho home of John Boylo. Ho said that he was sleeping in a tent with Raymond Ray-mond Allison when his mother came running from tho house telling him that strangers wore thoro. The witness wit-ness said that ho dressed hurriedly and, picking up a stick, went to the south porch of tho house and tapped on tho post. Tho witness observed two men in tho house. One of them pointed a revolver re-volver at him through the screen door and told him to enter. He did so, asking them at tho tlmo why they were frightening his mother. They asked where his mothor was and he told them that she had gono to a tele-phono tele-phono to call the police Tho two men stepped out of tho house and one of thom started after Mrs. Wallln who was thon fleeing in tho direction of the home of John Boyle. Not overtaking over-taking his mother, tho witness said, the men left the place and were soon lost in the difrknesB. He said the men "were rather tall, one a little tailor than the other. It is expected that Mrs. Wallin will be able to again take the witness stand today, but Judge Willis announces that he will likely not conclude his cross examination before some time tomorrow. tomor-row. At the time of soing to press, Mrs. Wallin was feeling better. She will be able to continue testifying late this afternoon or early tomorrow morning. oo |