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Author:Â Adina_SDyer
Surnames:Â Martin, Young
Classification:Â death
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Message Board Post:Â
Members of this Martin family lived in Tippecanoe, Warren and Fountain
counties. David Martin lived primarily in Fountain County until he
removed to Kansas. THE MURDER OF DAVID MARTIN KILLING AT COLUMBUS David
Martin, 60 years old, was killed at Columbus last Friday night. Seven
bullets hit him. It is not known who killed him, but a man named Jap
Painter, has been arrested. The two were drinking together, and Painter
was the last man known to have been with him. Baxter Springs News,
February 18, 1915, page 1 Baxter Springs, Cherokee County, Kansas
__________________________________ MURDER CHARGED TO J.E. PAINTER
Coronerâs Jury Was Out But Ten Minutes This Afternoon on the Case FIND
BLOOD ON A CLUB Also Bullet Holes and Blood on a Wagon Cover Led to
Belief that Body Had Been Moved From Mondayâs Daily: After being out
but ten minutes this afternoon, the jury empaneled by Coroner J.S.
McAuley to consider the evidence regarding the killing of David Martin
Friday night, returned a verdict placing the blame for the killing on
Jasper E. Painter, in whose home Martin was found. County Attorney F.W.
Boss immediately filed a complaint against Painter who will be tried on
the charge of murder. The jury was in consideration of the evidence for
two hours this afternoon, fully covering the circumstances of the case.
They had viewed the body Saturday and heard the statement of several
men at that time. Today more evidence was brought out and more details
discussed. Sam Salisbury and John McGinty discovered Saturday a canvas
wagon cover in the Painter home which bore what were believed to be
blood marks. Officers also found a club outside the house which gave
evidence of having been used as a weapon. Bullet holes in the wagon
cover led the jury to believe that the body of Martin had been dragged
from one room to the other and then shot while on the floor. Coroner
McAuley discovered Saturday that only five shots had been fired into
the body instead of seven. The two additional penetrations were made by
two bullets leaving the body. The coronerâs jury was led to believe
that the body of Martin had been moved after the club was used. The
matter of whether or not the blow of the club might or might not been
fatal, was not debated extensively, and the complaint charges that
Painter shot and killed Martin. The funeral of David Martin was held at
2 oâclock this afternoon from the home of the daughter, Mrs. P.H.
McKnight in East Columbus. PAINTER ARRAIGNED Preliminary Hearing on
Charge of Killing Martin, Set for Feb. 27 Jasper E. Painter, charged
with the murder of David Martin at the Painter home last Friday night,
was arraigned before Justice of the Peace J.R. Carter this morning at
11 o'clock. He declined to make a plea or statement of any sort and his
attorney, Charles Stephens, entered no plea for him. The Columbus
Weekly Advocate, 18 February 1915, page 1 The Columbus, Cherokee
County, Kansas âOâ There perhaps has never been a more vivid example of
what booze will do to a man and what it will not do for him, than the
death of Sergeant Dave Martin, Friday night. And yet if you keep your
ear open you will undoubtedly hear some wise philosopher make the
remark: âWell, why donât people take what they want and quit when they
have enough, like I do.â There is lots of humor in this world that is
intended for seriousness by the man who says it. The Columbus Daily
Advocate, 18 February, 1915, Thursday, page 2 Columbus, Cherokee
County, Kansas __________________________________ A LIFE MAY HANG ON
MERELY A HAIR Single Hair Found On Club at Painter Home Has Bearing on
Possible Evidence MURDER PRELIMINARY SOON Man Charged with Martinâs
Death Selects His Attorney But is Quiet Regarding Case. From Tuesdayâs
Daily: The Preliminary hearing of Jasper E. Painter on the charge of
killing David Martin last Friday night at the Painter house will
probably be held late this week. It will probably be set for tomorrow
when Justice of the Peace J. R. Carter returns from Wichita where both
he and Justice E.R. Pattyson went to attend a Masonic meeting. County
Attorney Boss was compelled to change his complaint yesterday which he
had ready to file and instead a coronerâs warrant was served upon
Painter on account of the absence of the justices of the peace who
would receive the county attorneyâs complaint. Painter made no comment
last night when Sheriff Martin read the coronerâs warrant to him
charging him with murder. He retained Charles Stephens as his attorney
in the case and he will be represented by Mr. Stephens at the
preliminary. Painter is not inclined to be talkative at the jail and
doesnât converse about his case. It is barely possible that the case of
âJapâ Painter, may âhang on a slender thread,â and that thread be a
single hair. Ordinarily one hair is very insignificant, but in the
killing of Sergeant Dave Martin and in the trial of the man charged
with his murder, the hair may be a weighty bit of evidence. On the club
which was found at the Painter house by officers there was clinging to
the heavy end, a single hair. The supposition was that the club may
have been used on Martin and the hair remained clinging to the end of
the club. In this case the bruises on the victimâs head would be
accounted for. There were several contusions of the head that gave the
appearance of having been caused by blows from some weapon. The hair
was taken to the office of Dr. W. N. Johnson to be microscopically
examined to determine positively if it is a human hair. The Columbus
Weekly Advocate, 18 February, 1915, page 6 Columbus, Cherokee County,
Kansas __________________________________ HEARD SHOTS NIGHT MARTIN WAS
KILLED George Wilson Also Testified He Heard Someone Calling the Name
George SEVERAL WITNESSES TESTIFY Trial of Jap Painter On Charge of
Murder Reached Last of Stateâs Witnesses Today Practically no new
evidence has thus far been introduced in the murder trial of Jasper
Painter, charged with killing friend and crony, David Martin, the night
of February 12, in progress today at the district courtroom. Much of
the testimony was virtually the same as was used at the preliminary
hearing and some of it at the coronerâs inquest nearly three months
ago. Perhaps the one which held the most interest to the jurors and the
many attendants at court was that of George Wilson who lived near
Painter and who heard the shots the night Martin was killed. Mr. Wilson
testified that about 11 oâclock that night he heard five shots near his
home. He soon heard someone calling âGeorge! George!â He thought it was
Jap Painter calling him, although he admitted in testimony that he
could not be positive it was Painterâs voice. He first thought someone
was having trouble with horses and went to the doors. But no one was in
sight. He returned to his bed and in about five minutes he heard a
sixth shot. The next morning Wilson was one of those who went to the
Painter cottage and saw the body of Martin. He told of his conversation
with Painter. Those who had testified up to 3:30 oâclock this afternoon
were: Irl Goodpastur, J. S. McAuley, E. R. Lane, Katy agent who
received and delivered the jug of liquor to David Martin; George
Wilson, Orville Smith and W. A. Hamilton, neighbors; and Ralph Martin,
sheriff. The jury was empaneled yesterday afternoon, and is made up of
the following men: Clarence Allen?, J.S. Freeman, John Johnson, T. L.
Buzzard, Martin Kitch, William Hewitt, O.M. Youse, Barey McCormick, J.
J. Jacobs, William Johnson, James Stevens, W. H. Holman. The first
witness, Irl Goodpasture, assistant to Coroner J. S. McAuley. Mr.
Goodpasture was called twice to the home of Painter the morning after
the killing and testified as to the finding of the body of David
Martin, the empty revolver on the shelf of the two room house, the
indications that the bed had been occupied by two persons during some
time of the night, the fact that a lamp was burning on a bureau both
times in the forenoon when he was at the house, also about the bullet
holes discovered in Martinâs head. He testified in some degree about
the various conversations help between himself, County Attorney Boss
and Painter regarding Painterâs companion. Coronerâs Testimony The
second witness this morning was Coroner J. S. McAuley, who told of
finding the body of David Martin on the floor in the north room of the
Painter cottage. His testimony related to the finding of blood on the
revolver and the position and location of the bullet wounds and of two
spent bullets found in the house. One of these bullets was flattened on
one side where, the prosecution contends, it struck a spectacle case
found in Martinâs shirt pocket. The revolver, the two bullets and the
spectacles and case with the scar on it, were introduced in evidence by
the county attorney, and also a butcher knife which the coroner
testified he found beside the body on the floor. The body bore cuts,
bruises and bullet wounds, the coroner testified, and also a broken jaw
bone. The revolver he testified had blood on the cylinder and on the
handles. The face of the dead man bore powder marks. There was also
admitted into the testimony the statement of the coroner that when
examining the revolver he smelled the barrel of the weapon and the
barrel smelled as if fresh powder had been burned in it. The county
attorney, the testimony showed, had asked Painter if he owned a
revolver. Painter answered that he did. Asked where it was Painter
replied that that would be a hard question to answer. The county
attorney then asked Painter to get his revolver for them and that
Painter went into the south room and finally found the revolver on the
middle of three shelves under some white cloths and handed it to the
attorney. The five shells were empty. The Liquor Jug Coroner McAuley
told the jury that a liquor jug about half full of liquor was one of
the things found in the Painter home. He also stated that when they
drove up to the Painter home in the morning and Painter came from
caring for his horses in the barn, his breath smelled of liquor, âBut
he apparently was not drunk,â said the witness. âHe walked straight and
knew what he was doing. The Columbus Weekly Advocate, Thursday, 6 May
1915, pp. 1 and 2 Columbus, Cherokee County, Kansas
__________________________________ MURDER VICTIMâS SISTER? Mrs. Kate
Young of Indiana Asks About Martinâs Death From Tuesdayâs Daily. The
tragedy in the life of David Martin of this city who was murdered the
night of February 12 in Columbus has just reached a sister who lives in
Indiana, and a letter from her to City Marshall Albin today asked about
the details of the death, throw the first light on his relatives that
the city officials have discovered. The letter arrived this morning and
is from Mrs. Kate Young, _?_er street, Attica, Ind. It does not state
where the writer gained her information regarding Martinâs death. It
merely asks for details of his death. The letter follows: âCity
Marshall, Columbus, Kans., Will you please send me information of the
details of the death of David Martin who was killed in your city on
February last. His Sister, MRS. KATE YOUNG.â Marshall Albin wrote the
most important details of the killing to Mrs. Young this morning. This
is the second letter received from women who believed they were sisters
of Martin. A former letter from a Missouri woman who later found that
she was mistaken in her belief that Martin was her brother. The
Columbus Weekly Advocate, pg. 1, 1 April 1915, Columbus, Kansas.
__________________________________ JAP PAINTER SENTENCED Murderer of
Dave Martin Failed In Attempt for New Trial and Will Go to Prison Later
Saturday afternoon Attorney Charles Stephens applied for a new trial in
the case of Jap Painter who was recently convicted of the murder of
Dave Martin February 12. The motion was supported by the affidavits of
several persons regarding the intoxicated condition of Painter the
morning following the murder, also by an affidavit from a Columbus
woman who testified that she heard a friend of Martin threaten to kill
him. The threat was made two years ago. Painter Sentenced Judge Dunbar
overruled the motion for a new trial and subsequently sentenced Painter
to ten years in the state penitentiary. Columbus Weekly Advocate, 5 May
1915, page 5 Columbus, Cherokee County, Kansas Articles compiled with
the help of members of the Facebook group, Random Acts of Genealogical
Kindness.
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