The morning call., 1894-09-07

eager listeners, so that au arrangement
with the municipal authorities was come
to with the happy result alluded to.
Mrs. Henry Martin is determined to see
the last of her case. She has been most
faithful attendant of the proceedings
throughout, being only absent during a
short space of time during the eXtortlon
of certain testimony from Mrs. John Mar
tin, Mrs. Martin was one of the first arrI-
walls in court yesterday, accompanied by
her mOther-in-law, William Martin and
friends. Her muscular sisteT-in-law and
legal antagonist, Mrs. John, of that ilk,
was absent. She has not yet shown up
since the moment when she discharged the
COue OF Civil Procedure at the head of
Mr.. Heynemann, who dislikes being
spoken of as the once attorney of Mrs.
John, as he up to the present time has
never enjnYed that enYiable distinction.
Judge Coffey smiled a great, proud
smile as he took his seat on the bench i'm
mediately under the portrait of George
Washington. a great load seemed to be
taken of his mind, as he knew that no
more rulings would be required of him
consequently no objurgation on the part
of dissatisfied attorneys. All be had to do
was to listen to the Gulcet tones of the
gentle Mr.. Rodgers exp0unding a multi
tude of facts tending to show that the So
called second will of miner Henry Martin
Mr.. Rodgers started off with the interest
ing observation: "We have at last reached
an end of the evidence in this trial, and
the issue WILSON be submitted to you, gen.
tlemen of the jury, for your final con-
sideration. Then Rodgers, as in duty
bound, thanked the jury in cordial tones
for the consideration shown to himself
and his colleagues during his presentation
of the case.
''The evidence in this case is of a sin
gularly ranging character" said Rogers.
Then he spoke of the filing OF this second
will on June 80, 1898. The genuineness of
this document was all with which the Jury
had to do, all collateral matters having no
bearing whatever on the case. The Ques-
ton was: "WaS this second will entirely
written, dated and signed by Henry Mar
tin?
81 hope, gentlemen, that your answ er
Will be mo- And with this clear under
standing of the only question before the
jury 1 will proceed To state certain facts"
Then Mr. Rodgers gave the whole his
tory of the finding of the second will at
Mrs. Tibbets' house. He called attention
to the fact that this will was filed more
than 100 days after Henry Martins death.
Having detailed the circumstances as re-
lated both by Mrs. Tibbets and Mrs John
Martin the counsel proceeded to cast Wig
Orous doubt upon the whole story.
"Henry Martin did not expect to die,
said be. $40 the day of his death he di6
not know that he was dy ing man. This
Will is supposed TO be dated February %,
1893 Well, Henry Martin took sick on
the evening of February "a, 1898, between
the hours OF l and 4. He was not sick on
February % a ALL
Then Mr.. Rodgers read from the tesli-
mOny OF Mr.. Breed, where that gentleman
told how Henry Martin spoke of himself
as being tough as a pine knot" DESPITE
the fact that he had been bv the bedside
OF his vile since December %, 1892. The
same witness also stated that Henry Mar
tin felt considerably better on the very
morning of the day be died. "And at that
time, gentlemen, Martin Knew that his
wite's wite's will giving him all was in his
box in the Safe Deposit Company's Office -
Martin knew his own vile 10 be a
dying woman" was the next topic touched
upon by counsel. "Why, then, didn't he
wait an hour, day, even, before making
any fresh Will? 1t is unreasonable to sup
pose that Martin would make such will
at such time"
Then came another point. There is no
evidence that Martin wrote such a viii. %
In support OF this contention GIr. Rodgers
showed that no one said Martin wrote tina
will; he told no one about it. Why. then,
was he silent? His friend, Mr. Dutchin.
son, was with him for two and half hours
on the very day the will was supposed to
have been executed. Yet no word of thai
was spoken between them.
Rodgers had plenty Of points to urge.
"Martin was not qualified to write his
documents, he said. "He was, miner
almost uneducated, and his only writings
were short business letters.
"Who wrole bis first will? Martin him.
self? Not he. 1t was his attorney, Mr.