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Show JOS. HENRY MARTIN LOSES BEFORE THE SUPREME COURT In an opinion written by Chief Justice Jus-tice J E. Frick. the supreme court has denied a new trial to Joseph Henry Martin, alleged blackmailer and robber, rob-ber, sentenced life imprisonment by former District Judge J. A. Howell. Thus ends a strong effort by Attorneys Attor-neys David L. Stine and John O. Wil-116 Wil-116 to obtain for tho convict a recognition recog-nition of what they regarded as his legal rights, which they declared were disregarded by Judge Howell in passing pass-ing sentence. Basing their appeal upon a plea for "equal and exact Justice." claiming that Judge Howell violated the statutes stat-utes in taking into consideration acts in connection with another case, Attorneys At-torneys Stine and Willis asked for a new trial on these grounds; further, that the court erred in admitting hearsay hear-say testimony pertaining to conversations; conversa-tions; testimony pertaining to Identity that legally was inadmissible; and that the court, In passing sentence, reviewed review-ed circumstances and conditions adduced ad-duced in a trial for another alleged offense, and that this testimony and these Inadmissible circumstances wore illegally made the basis for determining determin-ing the penalty imposed upon the de fendant: in violation of the laws of Utah and the United States. The supreme court held that whether wheth-er or not this was the case it was not a matter for review by the supreme court, because had the court saidnoth-ing saidnoth-ing about the former case, but gone ahead and passed sentence, it might have been influenced by the former developments de-velopments and said nothing about them. Martin first was sentenced to thror years in prison for an assault upon David Edwards, a detective. Later he was convicted of robbing Mrs. lsabelle Wallin of a diamond ring valued at $100. Martin was accused of threatening certain wealthy Ogden families in an effort to extort money. A decoy bag of money was used by Detective Edwards, Ed-wards, who engaged in a gun duel with the alleged blackmailer. Martin was wounded and afterward captured near Morgan. Martin must remain in tho penitentiary peniten-tiary for life, unless clemency is granted grant-ed by the board of pardons |