The morning call., 1894-07-27

where Mrs. John Martin was and told her
that Henry Martin was upstairs waiting
for her. She went upstairs.
I'VE expect to show you that Henry
Martin spoke OF Johns boy. He said that
his brother john had put him on velvet
and he would not forget Johns boy. We
shall show you that Mrs. Henry Martin
became sick. We admit that at one
time Henry and his wife made
wills in each others favor. but we shall
show you that Henry realized that his wife
would not live and that under this idea he
made this second will.
''On the 23d of February. 1893. Henry
Martin called upon his sister-in-law. He
raped at the door, Mrs. Tibbets opened
it. and at his request went in search of
Mrs. John Martin. But she was either
out or unwel as she did not respond to the
call. The house, by the way, gentlemen,
is a two-story and basement house and
we'll known as entirely reSpecta bic.
Among her dodgers Mrs. Tibbets has had
Senator A. p. Williams, Lawyer Balm of
Colusa and other well-known men. With
the permission of the court shall take the
jury to see the house.
"Well, Henry Martin asked to see bis
sister-in-law. She was not there. Then
and there, said Johnson, slowly, "Henry
Martin handed to Mrs. Tibbets a large
envelope and requested her to give it to
Mrs. Martin. Mrs. Tibbets took the pack
age, put 1t in a drawer, and, having some
household matters TO attend to, straight
way forgot it.
Some time after she found ii. One
of ~
was clearing out that drawer when she
came across the envelope. She immed-
ately took 1t to Mrs. John Martin, who
tore it open in her presence. Suddenly
Mrs. Martin exclaimed, NV God, Jennie,
this is Henry Martins will We expect,
also, to prove that from the time the
package was conveyed there up to the day
it was opened it had not been tempered
with, but was in the same condition as at
first.
NOW. gentlemen of the jury. consider
this. No matter who wrote that will, if
Henry Martin gave it to Mrs, Tibbets, as
we say he did. 1t was his will-the expires.
sion of his last wishes. Mrs. Isabelle
Martin at once took the will to George E.
Williams, aud all that was done after that
was done by direction of George E. Will
liams. We shall ask you, gentlemen of
the jury, to believe all that Mrs. Tibbets
will tell you.
I'VE expect to call your attention to the
letter dated October 8. 1892, addressed
Dear Belle and requesting from Mrs.
John Martin the forwarding of 1000 shares
of the Quicksilver mine. And here let me
say that We accept the proposition of the
other side, that the letter In question was
written by the same hand that wrote the
second will. We shall produce the person
employed in the postoffice in Vacaville
who received the letter. saw it opened by
Mrs. John Martin in his presence. and
himself read it.
Then we shall show you how Mrs. Mar
tin searched for the stock, found it and
sent it to Henry Martin through the Pa
cifc Bank. We produce here the banks
receipt, and we shall show you that Henry
Martin received the stock. The bank was
not then in its present condition." said
johnson. with touch of his old humor.
1--WE produce letter dated Novem Der
%, 1892, a letter introduced as an exhibit
by the other side, in which Henry Martin
acknowledges the receipt of the very stock
asked for 10 the disputed letter of October
s. 1892.
''TheD, the letter of February o. 1890,
which some say was forgery. We shall
produce j. c. Bates, an attorney of repute
In this city, who will tell you that this was
written by Henry Martin. 1t refers to
$500 assessment. which Mr.. Bates received
from Henry Martin, and through which he
knows full well that this letter was writ
ten.