The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-09-18

sustaining of this will? Not at all. 1t
was easy enough for the other side to IN
slnuate that Mrs. John Martin would nat
urally be the boys heir should anything
hapten. 1t was always easy for people To
cast destinations all over the place. but
there was nothing in such an accusation
Again, with regard to the letter OF rep
ruary "a. 1892 Who would forge snch
letter? Would Mrs. John Martin! On,
no. No mother would voluntarily confess
ner shame and attempt TO SEND her own
child Into social exile by such an implicit
confession as that unless it were true.
did Mrs. John Martin do these Tor
gerles 20 write herself down couriesan?
10 write her husband down fool? 10
write her husbands mother down vii
lain and her child bastard? No.
Admit she's on adventures. Admit
that she did do her best to catch old John
Martin. She's not the only woman In this
case who married an old bachelor, and tor
the second time, too" Loud laughter in
court Instantly suppressed Johnson
looked bis hardest at Mrs. Henry Martin
as he said this.
III she was an adventures, more than
ever she'd be careful OF her reputation.
More than ever she'd suffer Imprisonment
rather than produce such letter as thu.
III she's bad enough TO 90 thing like
tnat snes bad woman. But would she
have done it? Would she have forged
Will giving Mrs. Henry Martin thiEd
when we're willing to admit that she didn't
Ike Mrs. Henry Martin? Would she have
lett herself out and distributed the prop
erty among Henry Martins near rea-
yves Ii she's bad enough TO forge that
letter, IL she's bad enough to Jorge that
will, then she'd have been bad enough TO
grab 1t all and not make so just ana fair
will.
They have attacked the maternity of
thls boy and yet they have not produced
one single witness to support their allega-
tons.
Remember that Mr.. Heynemann, the
general utility man of the other side, was
In New York. Remember that detectives
were there, too. and yet in all that human
hire no one could be found, either by Hey
nemanD's persuasive tongue or by the geld
OF h. Il. Pond, 10 say one word in contra
1IcuOn OF these witnesses"
Speaking of the chid's birth not having
been reported t. the authorities, Johnson
SAID that ala not signify. That was PROB
ably the doctors fault. The counsel
created some amusement by saying that
he himself had had three children since
he came TO California. and that the birth
OF none Of these had ever been reported.
Il suppose I'd have hard work to prove
The legitimacy of my children If anything
happened" be said, with cynical smile.
Look at the boy" he said; God has
stamped the seal OF his approval on this
little boy, he looks so like bis mother, and
l thank God for H."
Counsel warned the jury against the ar
gument OF Mr.. Drlmas. lie recognized his
! ability, and the immense advantage of the
closing address. He Implored the jury not
to be swayed by his eloQuence and his
sneers Let them remem Der the man who
addressed them, and the great advantage
be possessed. 81 dread his speech adj
nit do. l feel David did when he
went forth 10 fight Goliath. l realZ- that
Delmas has the strength of Goliath with
the skill of David. He has swayed jurles
before now from the psth OF truth. Let
him not so sway you in ,ns case.
Let him paint Mrs Isabella in all the
coI0rS he likes. He Will do so. know it
and L feel it. But do not rest the case on
that, tut remember at all times that 1t Is
| this little boy who appeals TO you to up
hold will that gives him the fortune to
! which he Is entitled by tw.
lit is for you to decide whether this will
| is genuine or not. You NAV be mistaken :;
to err Is human. No matter how care
/ FULLY you may weigh the testimony, no
matter how dispassiOnateIy you may view
! the circumstances In this case. still you
may err. And il may be when death shall!
/ remove the scales from your eyes you may
| fnd out, TOO late, that you erred in your
| verdict. Hence it Is, O men of CaliforDii,
/ that you should carefully ascertain on
which side error would be least harmful
| II this will is denied probate and pro-
nOunced forgery very rich woman will
/ be made still richer; three women VIII be
accused OF perjury, and this tile baby
/ boy will be deprived CT his inheritance and
! sent out into the world with a dreadful
! burden to bear.
''Oh, know what il is" said johnson,
and here he told story Of man who had
! suffered TWO years Imprisonment for a
crime of which he was innocent. This
was thirtT-fve years ago. The man had
| long since reformed, had married and was
doing well. Yet, when this same man sat
| as a witness in court In Sacramento only
last week, youthful counsel, anxious 10
make a name for himself by winning his
case, sprang this mans record on him.
Yes, gentlemen. aud the poor man went
| crying from the witness-stand because he
! had TO admit this transgression of Thirty
! five years ago"
1t was at this point that johnson intro
duced the quotation from Tom Moore's
nOem of "Lalla ROokh," above referred to-
Ii was a weird sight to see the LAWYER on
his knees, his hands clasDed and his long
white hair shaking with emotion. almost
praying TO the jury for the cause of his iu-
FAINT client. Then, in low. impressive
tones he delivered his peroration:
so, here, to-day, this little boy, kueel-
Ing down before you. with his little baby
hands outstreiched, his little baby voice
Heading to you, his little baby heart ap-
pealing to your kindly heart, his little
baby frame coming TO you and saying:
Give, oh give me justice; give, oh give
me that which God SAYS | am entitled to-
and let your tears of sorrow and your
tears of love well forth, and let
your justice be given to him, and the
angel of death when he smiles at your
heart will carry to the gates of heaven the
record that you DID justice to the baby, and
your spirits then, freed from the earthly
chains that now bind them. will shout,
Joy. JOY forever; my task is done; the
gates are oDen, heaven is won, because |
did justice to the little boyP"
Al The close OF JohnSon's speech Judge
COffey announced that as the Board O
Supervisors would require their room this
afternoon Delmas might take holiday be-
fore closing the case. 80 1t was arranged
that Delmas should commence tomorrow
morning. at IL o'clock.
Johnson apologlzed all around for not
waiting to hear Mr.. Delmas, but SAID his
political campaign imperatveiy called him
away. So speaking, the man who moved
jury to tears by his elOquence gathered
his books and papers together, and. accom-
panied by his wife and daughter, hied
him hence 20 Sacramento.