The morning call., 1894-09-21

me to-day and represented as the hand
writing of Henry Martin and I'd believe
il. What could we do against this bu-
wark? Besides. in giving his testimony
Mr.. Eisen schimel assumed the Dear Belle
letters tn be genuine"
Lnfolth Interrupted here: "At your
request, Mr.. Delmas. What Mr.. Eisen-
schimel said was by a clip of the tongue"
"Oh, indeed" sarcastically exclaimed
Mr.. Delmas. But he declined to accept
this statement as fact.
''Of course, if these letters are genuine,
gentlemen, so is the will. We have already
admitted taat. Therefore, if a person as
sumes these letters to be genuine. there is
nothing TO prevent him pronounclng the
second will genuine also"
Delmas spoke of the presence of Clement
and Kvika in court from beginning tn end
of the trial. Why was Clement not called :?
1t would not be talr for counsel to state
the reason. Why was Kytka not called !?
Because he would not swear that the Sec
ond will was genuine. kytka was a
strange soul, stranger than the counsel
had met for some time. yet he had some
sort of nobility about him, in spite OF his
pranclng and dancing around the court
room. He had absolutely refused to testify
that The second will was genuine
In this way Mr.. Delmas sought to show
that no real testimony had been given by
experts called by the other side TO show
that this will was genuine. Clement was
silent and Kytka was not called. while
Eisenschimel assumed that certain letters
were genuine before he gave his testi-
mony. While, on his side, counsel said.
the experts not only pronounced the Sec
Oud will forgery, but a clumsy one, at
that Who testified that it was genuine :?
Not one.
"Clay Taylor" suggested Linforth.
"Clay Taylor, as | remember it, on y
LAT md thnrn ha t. ila,,
tilted the signature. if my recollection is
correct"
Now, where do they stand? Have they
made out their case by preponderance
of evidence" Delmas claimed that, on
the contrary, no case had been made out,
and as it was the contestant business to
prove their will, on their failing to do so
the jury must of necessity uphold the first
will as the only genuinely proven testa-
ment of Henry Martin.
Counsel spoke of retouching, and for a
moment or two was lowering over the
brink of another expert lecture. The
danger passed, happily, and Mr.. Delmas,
claiming that il had been proved that the
second will was not genuine, rldiculed the
words Of Grove johnson in his opening
statement when he talked of justice and
claimed the verdict of tile jury even IL the
genuineness of the document itself was in
doubt.
lie IeII comment tlat I'D 0ellYorlDg his
charge Judge Coffey would instruct the
jury that even If they found that Henry
Martin did pay this visit to Mrs. Tibbets'
house, but that the document he there de-
Iiyered wss not written by him, they mus
decide against the will.
Speaking of witnesses, Delmas said that
where testimony was given, however hon.
estly, which was at war with the whole
range OF prObabil 'les and cOmmon-sense,
it was better 10 view such testimony with
distrust. So with the evidence of Mrs.
Tibbets. Taking certain facts conceded
to be true by both sides, such testimony
as this was so wholly imDroba bic that t
must be rejected. 1t woulu be best for a
while 10 glance at the family and charac-
ter of the deceased testator.
Henry Martin was a lofty character. an
hon, Ia BILE and upright man. Even this is
testified to by Mrs. John Martin in re-
Spouse even 10 questions put by lawyer
"who has been hired i this case TO ira
duce his character and make him out the
paramount of his own slSter-in-law.
Henry Martin was II good man. This
was testified 10 by this woman herself in
February, 1894, before Court Commis-
sioner Sberrard in the presence of her at
torneys, G. Z. Williams and w. II. L..
Barnes, pefors she ever thought OF carving
her way to this fortune by making this
high-minded man out her paramount. Aud
look at his relatives" said Deimas. point