48 THE OREGON SPORTSMAN 



didn't need one as long as he had his rifle. When asked if he 

 was not afraid of being arrested by a game warden, Martin told 

 Mr. Vogeli that if any game warden tried to arrest him, he would 

 get shot. Mr. T. C. Gaines also testified hearing Martin threaten 

 Hubbard. 



Mr. Ed Van Dyke testified that two days before the shooting 

 he was helping Martin saw down some trees near his cabin. A 

 conversation came up about Hubbard who had made a trip into 

 that part of the country a few days previous to investigate game 

 law violations. Martin, with an oath, swore he would kill Hub- 

 bard if he came up there and tried to arrest him. 



A few days before the tragedy, Mr. Hubbard furnished the 

 State Game Department with evidence that Martin was killing 

 deer out of season. He was instructed by District Game "Warden 

 Sam Sandry of Rogue River to take Warden F. B. Herrington of 

 Riddle and go and arrest Martin. Owing to an accident, Mr. 

 Herrington could not go, so Mr. Hubbard took Constable A. L. 

 Irwin of Ashland. 



Hubbard, a Careful and Fearless Officer. 



In order to be legally prepared, Hubbard first secured a 

 search warrant from Justice of the Peace Taylor of Medford 

 giving him a right to search and take the venison from Martin's 

 cabin. Martin was not at home, so the two officers took two 

 hams of fresh venison from the shed which was a part of Martin's 

 cabin and tied them to the saddle. After waiting for some little 

 time, they came on back down the trail and met Martin who was 

 carrying a bag, an ax and a rifle. 



" Hello, Loris," said Hubbard. "Hello, Hubbard, what the 

 hell are you doing here?" replied Martin. They were within a 

 few feet of each other and Irwin rode a little behind Hubbard. 

 As Hubbard stopped, Martin set down his ax, threw his gun from 

 his shoulder and held it ready for use at his hip. Hubbard threw 

 his leg over the horn of his saddle, jumped from his horse and 

 started toward Martin. Hubbard could not have advanced more 

 than a few feet when Martin backed a little and with the rifle 

 still at his hip, pulled the trigger. The muzzle of the rifle was 

 not more than from four to eight feet from Hubbard's breast. 



