The morning call., 1894-09-21
RAPHAEL'S
FRIDAY AND SATURDAY SALE

ing to old viii am Martin. "Look at that
noble old man." and then counsel de-
scanted at length on the quality Of good
old New England blood such as the Mar
tins sprang from.
The almost tragic manner of Martin's
death was alluded t. as proving his intense
devotion to his wife. "He died for her.
Worn out Dy weeks and weeks of hopeless
watching over the wife he believed dying,
the strong frame was shattered; the golden
caSk was broken and the wine was Spl, led
upon the ground.
His wife stands here to-day, saved by
a miracle OF providence. 10 ask you to de-
fend his memory, not MS fortune, against
the malignant assaults that have been
made upon it,
Delmas showed that in February, 1898
Henry Martin thought his wife was dying.
lie told Dir. Dimond that the cup of hap
plneSS was abou' In be dashed from his
lips. He hoped God would spare her to
INN. lie was strong, vigorous man. and
mad no thought of death. To use his own
phrase, he was az tough as pine knot
and when. on February "a. he was struck
oown ne thought each morning sun would
see him on his feet again.
Why should he make any will at all !?
Had not the two in their love and conf
dence in each other wllled in each Others
favor, the wife at the time worth $50, 600,
while Martin was not worth more than
$4,000? Then why should Martin, when
he believed his wife to be on her death bed
be In a hurry 10 will away the property he
would get from her?
They would have you believe that he
anticipated his wife's property, wrenched
it away from her relatives to give to this
llttta child, whom he had always repudi-
aIed. What! Before his man was col in
her grave THIS honorable wife was robbiug
her? This man VINO had made in Trinity
nfttv TOR ion TO- hot a
integrity second to none was robbing his
wife before she was dead? The human
| heart revolts at such proposition.
Would be make such a Will-tn leave
her relatives TO starve and suffer? Was
this the act of a high-minded man, or was
it the act of a cold-blooded villain who robs
the dying?"
Delmas reminded the jury that Henry
Martin had told his bosom friend, Pond
that he had so fixed his affairs that this
child would not get dollar of the prop
erty. Why should he make such State
ment on the eve Of the execution of such
will as this? The fact was, the whole
story was falsehOOd.
Gentlemen, Henry Martin was not at
Mrs. Tibbeps house on February "a, 1898,
between the hours of and O'Clock in
the morning. That much is proved by a
chain OF circumstances incoDtestible and
| irrefragible. On the night of February %
| tiiio A"u lCil oiCh luIS tUWtT Ol SlI6DSLQ
fell, sheltered to its base, and the morning
of February "a saw the strong man laid
low. grooming and suffering like child in
| pain"
| Counsel here quoted from the testimony
of DIR. HeIZstein, who saw Henry Martin
on the morning of February "a between 6
and o'clock. Martin was then seriously
| ill.
Ann Early, tile chambermaid, also saw
| Henry Martin in his room at the Palace
Hotel that very morning at a quarter past
! O'Clock. Martin was seriously ill and
complained OF having suffered so IN the
night with cramps that he thought he
would have died.
$50 you have Herzstein who saw him
between 6 and Z. You have Ann Early
who saw him al quarter. past anu re-
manned with him some time. And what
becomes of him after that? We have wit
! nesses who can account for his actions"
ar. Delmas mentioned another witness.
Nurse Haggard. who saw Martin that
morning at half-past Z. She stay ed ana
ministered tn his wants for nearly an hour.
In addition to this Henry Martin, while
| lying on couch that morning, that couch
rom which he never rose, told his friend
Hutchinson that he had not been out thai
morning That he told him so must be
believed. Hutchinson might have the
misfortune to look ike a rich man, as
Johnson has sneeringly suggested. but the