THE OREGON SPORTSMAN 49 



The soft-nosed bullet entered about the center of the breast bone, 

 causing instant death. 



The moment Hubbard fell, Martin reloaded his Winchester 

 and faced Irwin who was still on his horse. "That man done me 

 dirt and there is the result,' ' said Martin. 



The Line of the Defense. 



From the above statements, one would arrive at the con- 

 clusion that it would be impossible for a jury to acquit Martin, 

 but the impossible sometimes happens. The line of the defense 

 was shrewdly built up from two standpoints. 



In the first place, it was spread broadcast by Hubbard's 

 enemies that the first time he arrested Martin for fishing without 

 a license, he had baited his hook for him and thus it might be 

 • said encouraged the violation of the law. This was untrue, but 

 coupled with the other stories that Hubbard had also made 

 threats against Martin, a sentiment was built up against Hubbard 

 as an officer among a certain class of people in Jackson county. 

 This sentiment was strong among the people in the official cir- 

 cles in the town of Jacksonville. Sheriff Singler and his deputy 

 not only did not assist the state in any way from the beginning 

 to the end of the case, but they assisted the defense and were used 

 as their witnesses. County Assessor Grieve was also a witness 

 for Martin. But one of the real causes for the acquittal lay in 

 the instructions that Judge Calkins gave the jury, which favored 

 the defense strongly and were unjust and unfair to Hubbard as 

 a police officer. 



In the second place, the defense laid great stress on the 

 claim that Hubbard was attempting to draw his gun when Martin 

 pulled the trigger and . therefore Martin shot in self defense. 

 However, certain facts which are admitted by both sides, show 

 that he could not have drawn his gun. He carried a Luger pistol 

 in a holster under his left arm. Hubbard's coat was buttoned 

 when he fell and it was still buttoned when the body was ex- 

 amined by the coroner and sheriff. The undeniable proof was 

 that the bullet penetrated both lapels of Hubbard's coat. 



Why should Hubbard attempt to draw his gun ? Martin had 

 him covered from the beginning. Irwin, who was a few feet 

 behind Hubbard, said that when the bullet struck, Hubbard swung 

 partly around and he saw both his hands clutch at his breast as 



