The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-04-10
STATE DEMANDS
PRISON Term
Continued From Page y

Gated, to get In without tickets.
Prosecutor William II. Remy will
make the closing argument. Ryan
was retained by the Martin family
to prosecute with Remy.
Blackburn. the last witness called
by the defense, was on the stand
two hours and a half Thursday after
noon. He told his version of the
shooting and refused to be led in
contradicting statements during
cross-examination by Michael Ryan,
assisting Prosecutor William H.
Remy.
Just tell the jury, Mr.. Black
burn. If you believed you used more
force than was necessary under the
circumstances" Robinson asked the
defendant.
IL used only what force / be
lieved was necessary" Blackburn
calmly replied.
He said Martin and Lyne6s made
two attempts to rush" he door.
Once, no said, they passed him and
got inside and he was compelled to
push them back. He said he told
them they would have to purchase
tickets.
Gets a Revolver
Blackburn said when the two at
tackled his son-in-law, Smith Martin,
who was assisting As doorkeeper, he
procured a revolver from Ralph Pur-
cell, who brought the gun from the
box Office.
During cross-examinatiop Ryan
handed Blackburn the revolver with
which he Is alleged to have shot
Martin and asked him to demon
strate just how he struck Martin
with 1t.
81 stepped forward TO where
Martin and Lyness were beating
Smith Martini" Blackburn said.
1.-The gun had been handed me
and / gripped IL In the ordinary
way In my right hand. John
Martin had his back to me. 1
struck him with the gun on the
left side of the face"
Blackburn sai6 he didn't remember
having his finger on the trigger. He
said when the weapon exploded he
became frightened. Nevertheless. he
said he did not think anyone was
struck. He said, however. he did
think Smith Martin might have been
In range Of the bullet.
Thought News "a Joke"
He said he did not know until Of
ficers arrived at his home several
hours later that Martin had been
shot. He said he thought 1t was "a
joke" at first. Martin and Lyness
left the building as If Martin was
unhurt, he said.
Mrs. John Martin, mother of the
dead man, broke into tears just after
Blackburn took che stand. She had
to be led from the courtroom by a
friend. Later she returned to listen
to Blackburn testify. Throughout
Blackburn's testimony the revolver
rested at his side on the court re-
porter's desk.
Robinson objected strenuously to
Ryan's attempt to demonstrate to
the jurors the manner in which
Blackburn struck Martin. "If it
please the court, 1 object to such
acting by counsel and 1 ask that he
keep his acting for the closing ar
gument to the jury" said Robinson.
Robinson's objection was sustained.
Defense Objects
Over objections Of the defense,
Blackburn, when recalled today was
asked an omitted question by
Michael Ryan, assisting in the
prosecutions:
IT ask you Mr.. Blackburn, at po-
lice headquarters on Oct. 26, 1924,
II you did not state to Police Of
Ulcers Lansing and Mcdonald: There
were three or four fellows standing
back Of me. One of them handed
me a sixshooter, saying: Draw that
on them and that will bluff them
OUT"
Blackburn. after Judge James H.
Collins ruled that he should answer,
said he didn't remember.
Prosecutor William H. Remy also
re-entered as evidence the coat, vest
and shirt Of Martin and the articles,
showing the bullet holes, were
passed around the jurors again.
Mrs. Martin, wept again.
The State attempted to impeach
Blackburn when officer Lansing
was put on the stand and testified
that Black burn had made the state
ment to him.