The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-04-09
Accused Man Probably viii
Take Stand as Initial Wit.
ness This Afternoon
Attorneys Indulge in Bick-
ering During Morning.
HOSPITAL lNTERNES ARE
SUMMONED TO TESTIFY.
Mother of John Martin, Slain
Man, Breaks Into Tears
When Clothes Are Brought
Seas
to Courtroom - Intro
.se4
duCed as an Exhibit.

duCed as an EXHIBIT.
The defense for William r. Black
burn, Sc, of 500 Congress Ave-, on
trial in Criminal Court on charge of
second degree murder, expects to
rest it's case late this afternoon.
Blackburn is charged with fatally
shooting John P. Martin, "a, of 2425
Central Ave-, the night of Oct. 20,
1924. at a dance at the Athenaeum,
401 e. Michigan st. Martin died Z
p. m. following morning at the city
hospital
Arthur Robinson, chief defense at
torney, called hospital internesf and
others whose testimony they hope
will convince the jury that Black
burn used revolver in self-defense
and that the weapon was discharged
accidentally Frank A. Symmes, de-
Tense counsel, said Blackburn would
probably be the first witness this aft
ernoon. A number of character wit
nesses, some from Oklahoma, will be
called, he said.
Chickering's and petty rebukes were
passed throughout the day between
Michael A. Ryan assisting Prose
cutor William "A. Reny for the
State, and Robinson. Since the trial
got under way Tuesday afternoon
both State and defense attorneys
were continually admonisned by
Judge James A. Collins to eliminate
their side talk. Each would accue
the other of attempting to argue
with witnesses.
Mother Weeps
Mrs. John Martin, the slain mans /
mother, broke into tears when Remy
brought the overcoat and other
clothing removed from Martin after
he was rushed to the City Hospital.
She wept for several minutes, but
managed later to compose herself.
When the clothing was introduced
by the defense as an exhibit and
offered several times to witnesses
for Identification. Mrs. Martin man
aged to control herself.
Blackburn, who takes keen interest
to testimony Of each witness, seemed
in very happy mood. He smiled
occasionally and seemed more re-
lieved than during any previous day
of the trial. A large number aof
Blackburn's friends were in the
courtroom. At conclusion of the
session they would crowd around to
talk with him,
David A. Brown, City Hospital
orderly, was the second defense wit
ness called. He said he was in the
admitting room of the hospital when
Martin was brought in. Upon
searching Martins overcoat, Brown
said he found an opened spring
knife with a. three.inch blade. This
knife was produced by the State and
offered as an exhibit by the defense.
lyness on Stand
Arnold Lyness, 81, OF 115 e. Fall
Creek Blvd, upon the stand Tues
day said to his knowledge Martin
did not have any weapon upon him.
Brown said Martins breath smelled
OF liquor. He said he also noticed
wound on the left face above the
cheek bone near the temple.
Miss Lydia Bishop, 935 Oakland
St., charge of the hospital linen
room, testified Martins clothing had
powder burns upon it. DR.. Wayne
Harmon and DR.. John Bondurant,
internes who attended Martin when
brought to the hospital, said they
smelled liquor on Martins breath.
Me also said Martin had a ragged
wound on left side of face.
Miss Margaret Leonard, super
visor, and Miss Grace Misingo,
surgery supervisor, testified they
smelled liquor on Martins breath.
Richard Murray. 140S Fletcher Ave-.
hospital yard master, failed to
identify Martins clothing.
Brown followed Smith Martin, 30,
son-in-law of Blackburn, who took
the stand when court reconvened.
Martin was the last witness on the
stand Wednesday afternoon and was
grilled in cross examination by Mich
ael A. Ryan, who is assisting the
State.
Martin testified both Martin and
Arnold Lyness, 81, of lis E. Fall
Creek Blvd, who tried to pass him
to get into the dance hall without
tickets. struck him several times and
nearly knocked hiIN down. Attempts
of Ryan to confuse Martin and make
him deny being attacked proved fu-
tile.
While on the stand Tuesday, Ly-
ness denied making any blows at
any one.
Both tried to, pass me-" Martin
said. II told them they would have
to have tickets They pushed me
back and said. TO 49, with you and
your dance, we're going in I told
them they were not At to enter"
Says Both Drunk
Martin said both of the men were
drunk. He said Martin struck him
once and knocked him half down
and continued to beat him. Martin
testified he was in a crouching posi-
ton when he heard the revolver ex-
piosion. He said he saw a flash and
that was all he could remember.
However, Martin asserted he did seen
Blackburn just before the gun went
off and that he struck Martin on
the left side of the face with it.
Martin testified that when the gun
exploded he became frightened and
heard John Martin say, my God,
let's get out OF herev' He said Ly-
ness and Martin locked arms and