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Mail Tribune 100

March 5, 1915

The state rested and the defense began in the trial of Loris Martin, charged with the murder of Game Warden A.S. Hubbard, in the circuit court this morning, and the fate of the Trail Creek trapper will be in the hands of the jury some time tomorrow afternoon.

Four witnesses appeared for the prosecution — the last one Prosecutor Kelly himself, who took the stand to refute intimation by the attorney for the defense that James Vogeli of Eagle Point, who told of a threat against the life of Hubbard Martin made on a hunting trip, was unduly influenced toward the state, because of a case involving the closing of his tavern through an order of the then-Governor Oswald West.

Prosecutor on the Stand

Prosecutor Kelly said that he received a letter from Governor West saying that the W.C.T.U. (Women's Christian Temperance Union) of Eagle Point had claimed that the saloon license under which Vogeli was operating was invalid, and suggested that he closed the resort. Prosecutor Kelly testified that he wrote Vogeli that it had been reported to him that his license was invalid. Vogeli secured his attorneys, who the state chief remembered as Porter J. Neff and Clarence Reames, brother of the attorney for the defense, to handle his affairs, and an investigation of the county records disclosed that his license was valid. Prosecutor Kelly said that in his letter he had ordered Vogeli to close, but the order had never been obeyed. Attorney Reames denied that he intimated, as the prosecutor charged, that there was collusion between the state and the witness.

Vogeli Heard Threats

Vogeli testified that he was on a hunting trip with Martin, near the Chris Natwick road camp, two years ago, when the defendant threatened the life of Hubbard for his arrest for violation of the fishing laws. Vogeli said he asked Martin for his version of the affair, having heard several accounts, and Martin gave it with some feeling. He said he told Martin it was "not right, but did not justify him in killing Hubbard."

Three witnesses were called by the defense before the noon recess — C.E. Terrill, a Little Butte Creek farmer; S.H. Harnish, a livery stable man of Eagle Point; and Walter Woods, a stockman of the Eagle Point district, who admitted that he had been a witness in several lawsuits of the Eagle Point district. The credibility of all was attacked by the state, Woods in particular being under heavy fire upon cross-examination.