50 THE OREGON SPORTSMAN 



the body twisted and fell face up, the head within two or three 

 feet of where Martin was standing. Irwin testified that he did 

 not see anything of Hubbard's pistol, although he went up to 

 Hubbard's body after the fatal shot. 



How Did the Gun Get There? 



The climax in the case which gave Martin his freedom was 

 Hubbard's revolver which was found at the side of a little bush 

 over four feet by actual measurement and a little to the rear of 

 the spot where Hubbard had stood. How did Hubbard's gun get 

 there? From the first, Martin dominated the scene with his 

 thirty-thirty. He refused to surrender. He refused to accompany 

 Irwin. He refused to leave the spot, but finally agreed to give 

 himself up if Irwin would go down and get one of his friends. 



Irwin returned an hour or so later with two of Martin's 

 friends, but still Martin refused to surrender. Then he showed 

 just where Hubbard's gun had fallen, for Martin's plea was self- 

 defense. But granting Martin's trumped-up case was true, Mar- 

 tin knew Hubbard was an officer of the law. He saw that the 

 officer had the undeniable evidence of his guilt for killing deer 

 out of season. He assumed an attitude of resistance and when 

 pressed by the officer, pulled the trigger in a spirit of diabolical 

 hatred with which his soul was filled. 



The weeks that Martin, the murderer, spent in the county 

 jail did not soften his heart in the least, for toward the end of 

 the trial when he was asked if he shot to kill Hubbard, his eyes 

 still gleamed hate and passion, when he answered, "Certainly I 

 shot to kill!" 



The jury filed in and settled in their seats. It was a solenm 

 moment. The verdict was unanimous. Then a great burst of joy 

 from the throats of a court room full of sympathizers. Hooray! 

 Congratulations! Martin, the Trail Creek murderer, is free ! It's 

 not a crime to kill a game warden in Jackson county! 



The Secretary of Agriculture has advised Senator Harry 

 Lane that the complaints in regard to the killing of ducks and 

 geese on the Klamath Indian reservation will be investigated. 

 Steps will be taken by the federal authorities to enforce the laws 

 protecting these game birds. 



