The morning call., 1894-08-23
VAS NOT STRICTLY PROPER.

MS somewhat eccentric lady had nothing
to'do save to try and reconcile her teSti-
mony with that contained in the half
completed deposition taken on February
6, 1894.
1t was question whether Mr.. Delmas,
the astute legal lumiDary on whom de-
. wolves the burden Of examining Mrs. John.
or that lady herself came of best IN the
salles that enllyened matters from time to
time. The eminent Santa Clara graduate
has the envable faculty of keeping his
temper, while his witness has not But
the latter can take refuge under the flag
Of femininity, and. from its shelter, from
- time to time fire shots that cause the
. cheeks of her interlOcutor TO burn with a
sulen fury.
- 1t is not to be supposed. however, that
the gallantry OF MI Delmas extends so far
as to permit Of his being routed without
bloodshed on these occasions. The San
. Francisco bar leader has a way Of putting
Questions in such an insulating manner
that it requires all the ingenuity of the
= Willy Mr.. Johnson Of Sacramento. the
:"Aumble member Of country bar" TO
. find a sufficient number of enIertainable
exceptions thereto. Meanwhile Mrs. John
Martin glares vicOusiy from behind a
v
appeals for protection from what she
deems as insults TO herself, the living, and
to.the reveTed friend who is dead.
. Mrs. .Jehn Martin, having been told by
- everybody that her tlgh-fttlng costume of
green and black became her to perfection,
was kind enough to resume that same for
e. Yesterdays ordeal. She walled to the
wi1ness-stand in quite sprlghtly manner
When the inevitable late juror had sunk
painting into his seat and Judge Coffey
was graciously pleased to give the signal
for the days performance to begin.
Her attorneys, OF rather those of her In
" fsHt son aud ward, were manifestly pleased
-. with the way in which she acquitted her
self on the stand. Ever since the abrupt
demise Of Mr.. Crlttenden Thornton, Grove
johnson has turned to his youthful asso-
t-ciate Mr.. Walter LiufOrth for moral sup
pert IN his hour of need. During tile
.recesses of the court the Sacramento can
didate for Congress at the coming election
may be seen parading the corridors, bis
"a left arm lovingly cast around the neck OF
his young colleague, while his right Is used
to convey his taper fingers 10 the thought
fUl com biDg of bis majestic beard.
1t pleased the suave Mr.. Delmas, on the
=. resumption of the trial, to take Mrs. John
Martin into his confidence upon the sub
ject OF her partially completed deposition
. OF February 6, with. it is only too likely to
suppose, the Interior motive of contrasting
the testimony given therein with the
statements now being made by the wit
ness, a comparison To be hereafter pre-
. scented to the jury in manner unfaVor-
able to the assumed veracity Of Mrs. John
Martin, and consequently to the Interests
of the youthful proponent Of the second
will.
Clerk Murphy and an assistant stag
geFed into court under the load of two
basketsful Of exhibits. and Mr.. Dslmas
propounded this question TO the witness
when you married your second hus-
band, Mrs. Martin, was Mr.. Hoffman,
your first husband. dead, or were you d.
Voreed from him ?"
81 divorced Mr.. hoffman," was the re-
ply. i divorced him in November, 1888,
at Syracuse. n. L"
. s'Did this not occur on December AZ"
No. 1t was in November"
.'Now, Mrs. Martin, in your deposition
Of February 6. 1894, did you not say that
you were then 81 years oldP
Mrs. Martin grew petulant, II was sick
when they took my deposition" she an
swered. Il don't think l made that state
ment."
Mr.. Delmas seemed inclined to press the
question, but Grove johnson came to the
rescue of The witness by insisting that she
be handed the deposition and permitted to
make all necessary corrections. This was
agreed upon and then the witness, having
attained the deposition. calmly asked for
pen and lux. Bailiff White started to fur
nlsh the supplies, when Mr.. Delmas inter-
.fered. 'No, no." be said, 1.-THE witness
may not alter her deposition in that man
ner."
An oral correction is the proper
method" suggested Judge Coffey, in his
sweetest tones. and Mrs. John Martin, as
usual, suceumbed.
Now, then. Mrs. Martin, did you make
This statement sternly insisted Mr.
:Delmas.
mo. mol don't think so"
Then followed a lot Of wearisome in
terrogatiOu, suggested 10y this deposition.
tending TO bear upon the question as to
whether Mrs. John Martin had or had not
prepared clothing for her offspring in ad-
vance OF its birth. Incidentally, the wit
ness denied having stated that this aus
.picious event took place between the hours
of 9 and 10 in the evening Of May 5, 1891.
1T happened at 8:15 in the evening" -
said Mrs. Martin, That deposition is not
right as to time"
The next point about Mrs. Martins evil
- dence was the cropping up of a second
lunch at the Palace Hotel. an event which
had only been recalled to her on Sunday
" last One day in January, 1888 Henry
Martin had met his sister-tn-law at the
newsstand Of the Palace Hotel, and haV-
ing ascertained that she was hungry ln-
yited her to take lunch with him. my
memory is treacherous," explained Mrs.
Martin.
After this followed questions relative
to the meeting of the witness and Henry
Martin in August. 1892, after Martins re-
turn from Alaska. John Martin bad been
dead but short while. Then Mr.. Delmas
sought to know when next his witness en-
Joyed meeting with He ~ Martin.
Mr.. Delmas, it's impossible that L can
give you every date. l can't do 1t. My
tIe mas oeen most eventful one during
the past TWO years"
Ibid Won cnnversa rritb him In Oofo
berP" WIN
mo"
Judge Coffey having RECALLED himself
with a light judicial lunch and having per-
United the jury, attorneys and spectators
Two hours vacation in which to do like
wise, Mr.. Delmas took up the thread of
his examination
do / understand you to saw. madam. "
he asked. shat you met Henry Martin on
the way to the mine on October is. 1922"
object to counsePs understandings.
shouted Johnson, ''idem infensus."
Sustained" said the court.
:. Mr.. Delmas, yet unrGffi9d, politely asked:
'Do you stale, regardless of my under
landing, that this was SOP"
Eyes. [ met Mr.. Martin on the grade
near the mine on October 10. 1892"
did you meet him on the grade ia No
yember?"
II think did, but l don't remember"
Mrs. Martin. did you meet Henry Mar
lin IN 1892 at the Bald Hotel?"
Yes. He wrote to me in answer to my