The morning call., 1894-08-03
REPORTED IT AT THE OFFICE.


them, but it came at last.
1t proved to be a piece of sensational
testimony of an unexpected kind, and
ADDED yet another link to the chain Of
mystery surrounding the fortune left by
d old Henry Martin of Brown Bear mine
fame. Incidentally, it revealed to the
public the heavy stake which Mrs.
John B. Martin is playing for, in attempt
ing to secure one-third of her brOther-in-
laws fortune for her infant son by means
of the second will which is the subject of
dispute.
3 witness. formerly night watchman at
the Palace Hotel, was found to swear that
on a certain night in January, 1898. during
the severe Illness of Mrs. Henry Martin
and only one month prior to Henry
Martins death, the old miner was dis
covered in the room in the hotel tempor-
ariy occupied by his sister-in-law. The
night clerk testified to having received a
report from the night watchman upon the
circumstance, and altogether a very i'm
pOrtant piece of circumstantial evidence
was introduced against the interests of the
widow ontestant of the second will.
The case has resolved itself into this
situation, that in order to prove the genu-
ineness of this second will by showing
reasonable grounds for believing it to have
been executed in good faith, Mrs. John
Martin has undertaken to show facts and
ciTcums tances which the mere considera-
tion of a few thousands of dollars would
induce very few ordinarily constituted
persons to reveal. In q word, she under
takes to show that she was unfaithful TO
her affectiOnate husband during his life
time; that her infant child was born of
infamy, and that her own brotheT-in-Iaw,
whose love and affection for his OWN wife
was at one time by-word among all his
friends and associates, was responsible for
all this by reason of criminal weakness.
The widow. Mrs. Henry Martin, bears
all these disclosures IN court with the ut
most composure, and it is plain TO see that
her faith in her dead husband is still un-
shaken. She sits calmly through the pro-
ceedings. day after day, surrounded by
her friends and attorneys, awaiting the
verdict of jury that will either give to
her the whole Of her husbands fortune by
the first and, according to her claim, only
will, or distribute the property in a maD-
ner which will leave no doubt in her mind |
that the man she loved was unfaithful to
his trust.
Mrs. John Martins side of the case will |
in all probability be brought to a eoncu- !
sion to-day. Nearly all the testimony has |
been gathered in, and with the exception |
of a few experts in handwriting. whom
Grove L. Johnson, much against his will,
has been induced to call. in order to refute
the opinions given by experts on the other
side, little more remains to be done. 1t is
not known whether or not Mrs. John Mar
tin will take the stand, but should she do
so her direct examin alton, at least, will be
of very brief description.
The diminutive three-year-old boy who
plays such an important part as the pro-
ponent Of this second will, and who is in
happy ignorance of that fact aecustOms |
himself wonderfully to the sOlemnIty of |
the courtroom. His voice is never heard |
while court is in session, though he is |
perfectly aware when a brief recess is |
ordered, as he at once casts off the |
shackles of conventiOnaity and bursts |
forth in song. Poor little chap, he little |
realizes what hard things are being said |
of him and his origin, or what he will |
have to endure when he arrives at years |
of discretion and knows the whole truth.
Attorneys, being blessed with strong |
constitutions, do not worry much over
issues. The attorneys engaged in this
case are no exception to the rule, as
Messrs. Rodgers and Delmas. on whom all |
the heavy work of the widows case falls,
turn up every morning smiling as ever,
while Grove johnson and Crittendeu
Thornton grow more and moro enerjetic |
every day. as witness after witness testi-
hofr hob
in disposition, as becomes one invested |
with autocratc power. and is alternately |
gracious and unapproachable.
When the proceedings were resumed
yesterday morning it was announced that,
diligent search had been m ade
for the dispositions reported as missing on
the previous day. they had not come to
light, and there was no longer room for
doubt that they had been willfully alb
stracted fro the papers in the courtroom
by some person unknown. However,
Messrs, Rodgers and Delmas both agreed to !
help out their adVersaries as far as pos
sible by permitting the reading of any
copies of these dispositions that might be
found in the possession OF either their
opponents or themselves.
The next witness was then called to the
stand in the person of AttOrney-General
w. II. H. Hart. who, it appears, was we'll
acquainted with both Henry and John
Martin during their lifetime. Hart testi-
fed that he conversed with Henry Martin
after John Martins death, with reference
TO the widow of j ohn Martin. He had two
such converse tions; one being held soon
alter John Martins death and the other
In January. 1898, the month prior to the
decease OF Henry Martin.
What happened at the first converse
ton ?" asked johnson.
L spoke to Henry Martin concerning
the awfully sudden death of his brother.
John was hearty. robust man, and was
not expected to die 80 soon. Henry Mar
tin listened TO what l SAID. and then
stated that he felt much bothered over the
and much disturbed. and in
Limated that he felt there must have been
some foul play"
"And when was the last conversation ." !
at was in January. 1893, somewhere ,
about the 7th. ] met Martin at 100 Mont
yomery street, at the offices of company
IF which we were both directors. When {
The meeting was over Martin said he was
going as far as McAllister and Larkin
streets. l said, Why, that's the way I'm
going. l want to go to my Office Then !
we started together. On the way spoke
% henry Martin about his brother Johns