The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-09-27
MARTIN ON TRIAL
Adjournment Taken Until Al
ternOOn at Morning Hearing.
Three Witnesses Testify as to
Liquor Drinking.
A MOTION TO QUASH.
New Tack in Proceedings May
Close Preliminary.
A MOTION TO QUASH.
Former Attorney General Says
Prosecution Is Discredit.

An adjournment until afternoon to
wait the arrival of Private Crook, in
tended as a witness for the state in
the case against Ceptain Guy R. Mar
tin on a charge of giving liquor to a
minor, Berry B. Holland, while at the
Aviation field encampment here in June
held up the preliminary hearing which
began in the court of Topeka this
morning.
Three witnesses for the state, said to
have been the most important ones
which the prosecution has, were heard.
Their testimony relatives to what they
remembered about Captain Martins
connection with the drinking of liquor
on the aviation field was not such as
to shake the confidence of the defense
in an ultimate discharge of the pris-
oner. 1t was predicted that motion
to Quash would end the proceedings
this afternoon.
An imposing array of legal talent is
participating in the trial. Many friends
of the Spanish war veteran who has
been dragged into court to answer what
| appears to be an unsubstantial charge
| of giving whisky to boy under q
years of age, have interested them
selves in his case. F. B. Dawes, for
mer attorney general of Kansas, who
has come from Clay Center. which also
! is Captain Martins home, to lend his
| legal services in his friends cause, said
| this morning:
Says Case Casts Discredit.
This is ridiculous prosecution
which casts discredit upon the very
cause which it ostensibly is represent
! ing. There is no question of Captain
Martins ultimate discharge from the
| case for there's no foundation for it.
On Captin Martins side of the court
room also sit Judge z. T. Hazen who
| formerly presided over the district
| bench of this county and his law part
| ner, Ralph H. Cav. Assistant Attor-
ney General John Marshall, who is re-
| sponsible for the origination of the
case which developed two months af-
| ter the alleged offense took place is
| leading in the prosecution. With him
is Assistant County Attorney Arthur
J. Bolinger.
Only one change was made in the
panel of jurymen drawn Monday for
the preliminary hearing. Fred NJ.
Ware could not be summoned and in
his place ]. F. Thorson was drawn.
The other jurymen who appeared this
morning were: Messrs- j. c. Bratten,
]. T. Wintrode, George w. Daley, A.
w. Bradshaw, c. c. Lyle, ]. E. Col
Inns, Bryce McMurtie, Henry A. In
gam, ]. H. squires. Fred NJ. Stone
street, BARLEY Coyne. They were ac-
copied without challenge after exam
ination by both sides. Several old SOL
diers appear among their number.
Prosecutions Evidence Weak.
The present case is said to have
originated at the encampment when
the militiamen came to Topeka to act
as guardsmen while the June aviation
meet was in progress. The soldier
boys worked hard all the time they
were here and worked nights without
extra pay because the entertainment
was threatened with total failure due
to bad weather. High water washed
out a temporary bridge over Soldier
creek at Garfield park and most of
the boys worked through the night
trying to save it. The grounds were in
mud and water all the week. On Sun
some of the flying machine men, as a
recognition of the work of the militia
men are said to have sent an automo-
bile to the field with a basket contain
ing several pints and half-pints of
whisky.
This basket was carried into a tent
occupied by Sergeant Willis L. Pierce
and the militiamen went in and help
ed themselves. Pierce said he had
understood the ration amounted to
about a quarter of a pint for each
soldier. That Captain Martin was in
the tent for a few minutes was testi-
fed to by Berry B. Holland. the lad in
whose name the charge was brought
by Sergeant Pierce and Private Geo.
H. Railsbach. Neither witness testi-
fed that the captain gave whisky to
young Holland. Holland said he got
a bottle while in the tent, but that he
neither then nor afterward drank any
of the contents. He was not even GER
tain there was whisky in the bottle
Railsbach got a drink on the grounds
later from one of the other soldiers.
Pierce said he was in the tent all
the time the captain was there and
was sure the officer had given out
none of the whisky himself.