East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-06-22

The jury, in charge of 5ailiff,
4, retired at o'clock this afternoon,
Immediately following the judges
charge. At 4 o'clock no verdict had
been reached.
At last the legal battle to decide
E the fate of Grover Martin has been
brought to a close, and the punish
ment of the youthful slayer of o. N.
Preston now rests with the jury.
At $3.50 this morning the circuit
. court was convened by Judge Ellis,
and almost Immediately the argu-
ments in the Martin case were begun.
First Argument for the State.
In beginning his remarks District
Attorney Phelps stated to the jury
that 1t had not been considered just
to allow the case to go to the jury
without argument, consequently he
had declined the offer from the at
torney for the defense to forego the
arguments. He then dwelt upon the
duties of jurors as members OF soci-
ETY. and also on those of his own Of
flee. saying that there should be no
personal feeling in the case and that
HbAIlluB bul JUSTICE Dt sOuknl
Under ordinary circumstances" !"
said the district attorney, "a different
defendant would be sitting as a pris-
oner on trial here, and there would
be a different dead man." He then
went on to show that in all of his ac-
tions prior 10 the fatal fight. Preston
had exercised more than the usual
. consideration for the defendant and
contended that in securing the pistol
from the store Preston had merely
armed himself in 'self-defense, know
ing that there We're guns in the den
tai office where he first sought Mar
tin. The 'illicit act" with Minnie
Preston he stated, was told merely
ito show the motive for the later
events, and the prisoner was not be-
ing tried for that act.
That MaTvln was afraid of Preston,
the district attorney denied, or he
would not have gone down to the
CLARK house on the evening of the
killing. on this point he charged the
defendant witsl having armed himself
and gone to tLat vicinity with the in
tentioR of provoking a quarrel and
killing Preston. That rtis was pre-
meditated and had been discussed
with Fulton he claimed was shown
by the latter's words over ,the phone:
"'You done It to him, did you kid?"
Regarding the position of Preston
al the time he was shot. Mr. Phelps
said that the course of the bullet
showed positively that he was in a
stGroplng posture which was of great
er weight than the testimony of any
of the with esses. Great creGit was
given by him to the evidence given
by Ilavid Clark. which he declared to
have been the truth whereas the
others of that family had followed
their 1ancies IN telling of the affair.
Especially did he protest against the
testimony of Myra Clark.
In concluding, he said that the law
wanted not vengeance. hut only jus
tice ana that II such chimes as this
one are to be allowed, then may
heaven pity the law and the inhabi-
tants Of the country.
At the request OF the prosecution
the attorneys for the defense were al
lowed exceptions to the entire argu-
ment, so as 20 avoid interruptionS
First Argument in Defense.
Following the district attorney, |
VIII M. Peterson took the floor for
the defense. and said he hoped the
milk of human kindness was to be
found within the jurymen. and asked
them to place themselves back to
when they were but 10 years old In
considering hte acts of the defendant.
The various degrees OF murder were
explained to the jury. and all of the |
vital points of the case touched upon. |
The facts. he contended, did not in
any way show that the defendant had
committed a crime for which he