TIIE STJXDAT OREGONIAX. PORTLAND, OCTOBER 11, 1908
12
ADD TD EVIDENCE
FOOT BALLS
and
Failing Eyesight
AGAINST MARTIN
'm .w;'
Restored
Fifteen Witnesses Pile Up Cir
cumstaniial Facts in Wolff
Murder Case.
TELL OF TWO OVERCOATS
AVoman Also Declares She Lent Re-
volTcr to Accused Day of Crime
and Defense Has Much
to Overcome.
By the txuninatloa of 15 witnesses
la the Circuit Court yesterday, tha
late developed these points as tend
Jng to fix a-ullt on Edward Hugh Mar
tin fnr tk. murder of Nathan Wolff.
Martin pawned his array revolver the
forenoon of May 1, several Hours De
Tawa hat t 11 a-rS f
He went to the home of Mrs. Alice
Grubb. 14 Tcnnoyer street, at 4 P. M.
of the fatal day and borrowed ber re
volver. This weapon was or aa-cajioer,
. !. . . i . . oa n i. 11 c An Wolff.
Mr. Orub testined that Martin bad
n kin n.tnnarv box tan overcoat. It
was such an overcoat as was found
smeared with blood In Bouth Portland
after Che murder.
Wore Long, Dark Coa,t.
When Martin was arrested a few
days after the tragedy, he bad on a
Ion rraveneite raincoat.
Wolff, the victim, owned such a coat
and wore it the day of the murder.
Martin attempted to cast this coat
aside after reading in the papers that
he had been accused of the crime.
At this time not one of these points
has been disputed. They stand before
the Jury as evidence. Just how they
will be explained by Martin remains
to be seen. It is said that the credi
bility of Mr. Grubb Is to be brought
into question and that no effort will be
made to explain the varment and rifle
found In South Portland since tholr
connection with th? case Is not direct.
Defen?e Slay Have Strong Card.
To those who have been attending
the trial It appears that the state Is
making- out n strong- case. It seems
hare to understand Just how Martin
will explain all these clrcumstancea.
Put his lawyers s-iy they are sure of
their rroun.la. The fact that vigorous
cross-examination of many Important
witnesses is not ensraged In seems to
Indicate that the defense has some
strons; evidence on Its own part.
"A man Is always arullty when the
prosecution finished its case, but very
often the result Is chana-ed when the
defense has a chance to show Its side,'
BtiKttesed Mr. Jeffrey, of Martin's coun
sel, yesterday.
"We have only beirun producing our
stronar testimony." said Deputy Dis
trict Attorney KitiR-trnld. "Some of
our very strongest points are yet to bo
developed. "
It Is certain now that the case will
extend well Into r.ext week. Adjourn
ment until Monday morning was taken
at noon yesterday and all of Monday
will be taken up by the state. The
prosecution may also use up a part of
Tuesday.
Can Alibi Be Proven?
Interest In the defense that will be
offered Is Increasing aa the states
chain of circumstances is made dally
stronger. How will an alibi be proven T
Mrs. Martin will not be placed on the
wltnesa stand, the lawyers ray. So It
la not likely to be contended that he
was home. Patrolmen who testified
about the gory shirt being picked up
In North Portland were asked on cross
examination as to the number of sa
loon thereabouts and the number of
fights that occur in these saloons. Mar
tin has already tcld of having had a
fight over a game of poker In a saloon
on the night of the murder. But he
has also denud the story and explained
marks on Ma face as being cat
scratches.
"Will the brawl story be renewed
and the wounds attributed to a saloon
fight? Or will Martin cling to the
story of cat scratches after City At
torney Zleglefa testimony that the
marks could not have been made by a
cat? These questions are being gen
erally asked by those following the
case.
The state received a mild setback
during the forenoon when Charles Ker
cher. of the Turn Halle saloon, was
called to the stand to identify Martin
as a man who had been hovering
about his place. It is likely that Ker
cher was also to be asked concerning
Martin's conduct on reading In the pa
pers that he waa wanted by the police
for the Wolff murder.
Witness" Makes Bad Error.
"ro you know this defendant Mar
tin?" Fitigerald asked.
"Yes. I've seen him around." aaid
the witness.
"Which one of these men here is
Martin?" pursued the prosecuting at
torney with easy confidence. Indicating
Martin and his three lawyers. Jeffrey.
Fouts and Ambrose.
Kercher looked for some time and
Fitigerald suggested that the four men
stand up. which they did. "The first
msn there is Martin." said Kercher.
pointing to Jeffrey. Fitzgerald got rid
of the witness without asking blra an
other question.
.Mrs. Grubb was the most important
witness of the day. She described in
details cf lending Martin a JS-callber
revolver at 4 P. M. on May 1. She said
that he called at her home the day
'before the murder and wanted some
oil to lubricate his revolver, saving
hobos were getting too plentiful
around his home in Setlwood. At that
time he aw her revolver and exam
ined It. telling her It was an excellent
weapon.
CalU to Borrow Gun.
It was the next day at 4 P. M., Just
two hours before the murder Is sup
posed to have occurred, that he called
again at the Grubb home. On this oc
casion, the woman said, he asked her
If she would be afraid without her re
volver for a few days, saying he wished
to borrow the gun for the purpose of
target practice. She said she let him
have thj revolver on his promise to
return it to her in three or four days.
"I hare not seen the revolver since."
she said, "or Martin either, until to
day in the courtroom."
When questioned, Mrs. Grubb said
Martin was wearing a short tan over
coat. In explaining how she came to
get acquainted with Martin. Mrs.
Grubb said she read In the paper that
he was a morphine fiend and tele
phoned to him to call and get advice
about treatment. She said her mo
tives were purely philanthropic
When court convened at :3 A. M,
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records along and testified that there
was a heavy ralnstprm at the nour oi
the murder.
A. H. Dougherty, a cigar clera- at
First and Morrison streets, said he
heard a report between and 1 o ciock
on the night of the murder. He went
outside and looked about, but saw
nothing and concluded an automobile
tube had burst. His place is only a
short distance from the Wolff pawnshop.
Herman Levitt, clerk at the Hainan
Solomon pawnshlp, corroborated pre
vious testimony about the meeting oi
Max Drey and Martin In the pawnshop.
He eald that" in going to his nome at
223 Second atreet, he saw Martin and
Drey seated on a bench In the Plasa
block examining the shirts which Drey
had for sale. He saw the shirts were
trlDed and said the gory garment dis
played In court looked like one of the
shirts.
Ben Lynch, of 284 Fourth street, said
he was preent when the rifle and coat
were found In an old coupe .In South
Portland. He said he was painting me
vehicle. His attention to the objects
In the bed of the coupe was called by
a stranger. He had never seen the man
before and hadn't seen him since. This
1. the gun said to have been stolen out
of Wolffs pawnshop and the coat said
to be Martin's.
C. E. Arquette gave important testi
mony as to Martin s enori to irc
overcoat behind when the police were
looking for him. Arquette was at his
son-in-law's home on East Davis street,
between Eighth and Ninth streets, tie
said Martin waa a frequent visitor at
the house and on the day of the arrest
Martin appeared in a greatly excited
state, saying the police wanted him for
the murder of Wolff.
Tried to Leave Coat.
"I asked him if he waa guilty and he-
sald no,'" Arquette said. "I advised
him to give himself up to the police
If they were looking for him, and he
said he would do so. When he was
leaving he left a long dark raincoat
lying on a bed. I called after him and
told him he had forgotten the coat and
he then plclted it up and carried it
away."
M. H. Mook, 1S Sixteenth street, told
of buying Martin's revolver between to
and li A. M. the day of the murder. He
was a clerk In a pawnshop at the time
and let Martin have 87 on the gun.
Ida Patgus. keeper of a rooming
house at 114 Seventh street, said Mar
tin appeared at her place a short time
before his arrest and rented a room,
paying 80 cents for It. He was carry
ing the overcoat In question and an um
brella at the time. She Identified an
overcoat and umbrella presented In
court as similar to those Martin car
ried. Detective Hellyer described the arrest
of Martin at the Patgus rooming-house.
He said the prisoner waa very nervous
and much excited. The overcoat was
in the room with Martin and the officer
said he carried It downstairs and left
It with E. A. Blakney, a cigar dealer
at 13V Grand avenue. Blakney waa
called to substantiate the story that he
kept the coat
Now that It has been fully estab
lished that the coat and umbrella were
In the possession of Martin, evidence
will be presented to show that these ar
ticles belonged to Wolff. It Is known
that many of Wolff's friends will be
called on Monday and possibly Mrs.
Wolff will be asked to Identify the
overcoat as having belonged to her hus
band before his death. .
RECORD IX DIVORCE-GETTIXG
Kulper was formerly Miss Frances Way,
of St. Helens, and was married 'to Mr.
Kulper In January, 1898.
SATS REED STOLE HIS WIFE
Richard Kruger Brings Suit for
Alienation of Affections.
Richard -Kruger yesterday brought suit
in the Circuit Court against William
Reed for aleniatlng his wife's affections.
Damages are asked In the sum of $30,
000. Reed is an aged bachelor and poses
see considerable means. He owns a hand
some home at 8S1 Bast Thirty-eighth
iro Since Krugers departure for San
Francisco, more than a year ago, he de
I Clares his wife has made her home with
Reed.
rTlor to mat lime mo jvi ue;t-i o hvcu fc
East Forty-third and Holgate streets,
where, the complaint says, Mrs. Kruger
was well provided for. The husband
claims In the complaint that since the
birth of their son. Frits, his wife has
not been mentally sound, and that during
his absence in California, Reed Induced
her to leave her husband's house and
take up her residence in his bachelor
quarters. . The Krugers were married In
Berlin In 1895 and they have one son,
Fritx, aged 12.
SECOND ESCAPE FOR ADDER
Alleged Swindler Has Another In
dictment Dismissed.
Through an omission in the indict
ment charging Adolph Adfer with ex
torting money from Slg Slchel, the
former escaped trial for a second time.
Judge Morrow sustained a -demurrer
to the indictment, which had been filed
by the grand Jury. The trial jury had
been aworn and Adler's attorney then
demurred to the indictment, on the
ground that it did not charge that the
threatening letter had been delivered
to Mr. Slchel. Judge Morrow ruled that
this omission was fatal to the Indict
ment, and ordered the case dismissed.
The case Is to be investigated by the
grand jury and a third indictment re
turned. Adler was ordered taken back
to jail until the case is again called.
The first indictment was dismissed by
Judge Cleland, because it did not show
the nature of the threat alleged to
have been made to Mr. Slchel.
Mrs. Otto H. Kulper Freed From
Husband in 15 Minutes.,
A new record for speed in divorce pro
ceedings was established in the Court
house yesterday when Mrs. Otto H.
Kulper secured a decree from Otto H.
Kulper. former Plnkerton agent. The
time consumed in expediting the proceed
tncs waa Just IS minutes.
The complaint ae filed at the Clerk's
office at 11JS o'clock and at 11:60 o'clock
the decree wa signed by Judge
Bronaugh. Infidelity constituted the
sole grounds aa set forth In the com
plaint. The only witness beside the plain
tiff waa Claude K Beer a detective, who
was employed by Mrs. Kulper In procur
ing evidence against the defendant.
Kulper did not appear In court, but
waa represented by his attorneys. George
Joseph and Bert EL Haney. Coovert A
Stapleton appeared for the plaintiff. Mrs.
ALLEGES ARM WAS BROKEN
Mrs. Rosa R. Merlo Sues Oregon
Electric for $10,350.
Mrs. Rosa R. Merlo yesterday filed
suit In the Circuit Court against the
Oregon- Electrio Railway Company,
the Willamette Construction Company
and W. S. Barstow & Co. Damages are
asked in the sum of 110,350.
Mrs. MeTlo Is the owner of 40 acrea
of land In Washington County, and
alleges that :n July laat, when the rail
way company was constructing its line
to Hlllsboro, workmen tore down her
fence and committed other acts, and
when she protested, one of them struck
her. breaking her arm. She asserts
that by reason of the assault her gen
eral health has been affected. Mrs.
Merlo Is represented by W. D. Fenton
and the firm of Dolph, Mallory, Simon
Oearln.
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ADMINISTRATOR'S SALE
We Are Closing Out the Large Stock of
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1