The morning call., 1894-08-04
THE MOTHER SICK.
Mrs. John Martin Yields
to Anxiety.
WAS UNABLE TO APPEAR.
j.. A New Expert Not Quite Ready
With His Testimony.
II. L. HUTCRNsON'S EVIDENCE.
Martins Constant Companion During
His Last What Was
Said of Mrs. John.
II. L. HUTCHINsoN's EVIDENCE.

= de0Fy MarJlu mas DrOKe0 down at last.
= The strain of the past three weeks pro-
eeedings, with their sensational reveIa-
tions from day 10 day, has proved too
q: much for her, ana she is at present con-
9: fined to her room, taking the much needed
rest that may fit her for the coming ordeal
q: on Monday next
: The announcement in court yesterday
: caused a good deal of surprise and some
: little consideration for the unhappy
: woman. OF course, under the circum-
. stances, an adjournment was decided upon
: after the morning session, and the vast
>. concouTse of spectators that assembled in
: the corridor after the luncheon interval
found themselves with nothing better to
!: do than to 90 uuie tly home again There
: was some difference of opinion between
Grove L. Jon nson and Crittenden Thorn
g ton. attorneys for the proponents of the
second will. as to the necessity for an ad-
journment. the former being in favor Of
proceeding with such testimony as was
available VIII lie the latter held out fer a
=: continuance. However. the witness whom
johnson wished to put on the stand eX-
pressed himself as not quite ready 10 give
: his testimony, that of an expert on hand
Il writing, and that settled the business il
:. Crit Thornton's favCr.
:. However, the m orning's session proved
liy ely enough as long as it lasted, as by the
: courtesy of the proponents counsel Ar
thur Rodgers was permitted to cal! to the
. W itness-staDd Henry L. Hutchinson. one
of the late Henry Martins old friends.
;Mr Hutchi son was out of the State dur
ing the presentation of the contestants
case and only returned to the city on
Saturday last.
Nh Hutchins on's evidence added a most
important link to the chain of evidence in
trod uced by the attorneys in behalf of
Mrs. Henry Martin, the widow. 1t was
Mr.. Hutchinson who spent almost his en-
tire time by the bedside of the dying
miner, and who In the absence OF the low
ing wife who at the time was lying on
what all then believed to be her deathbed,
held Henry Martins hand in his. conscious
that his old friend was rapidly passing
away, and who, Wien all was over, was
the one to close his friends eyes In that
last sleeP.
Consequently, very great interest was
attached to Mr.. HutchiDson's testimony.
especially as relating 10 the precise time
at which Henry Martin was struck down
with the sickness that caused his death.
The object. of course, to be gained by this
testimony was the establishment of proof
that Henry Martin lid not leave the Pal
ace Hotel on the mo Tning of February "a
1S93 and therefore could not have made
the pilgrimage TO the house of Mrs. Tib-
bets, to whose care he is supposed TO have
committed the second will, visit on
which the whole Of John s. Martin Jr.'s
case depends
The belief that Mrs. John Martin would
be called TO the witness-stand caused an
unusual number OF persons tn be attracted
10 The scene Of action. Available seats
were rapdly filed, and expectation ran
high. But the audience we're not long
kept ia waiting, at the outset of the
proceedings Grove L. Johnson requested
continuance until Monday next
The day opened with some talk concern
ing the deposition If Mrs. PloWs-Day, the
lady who is believed to have occupied pOT-
:'tiOn of Mrs. John Martins room at the San
Carlos Hotel In New York during the time
of her Confinement, IN May 1891, and who,
being now in Paris. France. IS unable to
be present al the trial. Her deposition
was among those which so mysterlOusly
disappeared from the courtroom between
the adjournment of court Thursday week
and the reopening thereof on Monday last.
IL is believed to be Of great value 10 the
cause Of the little three-year-oid John b.
Martin Jr.
Both Attorneys Rodgers ard Delmas
seem particularly anxious that this deposl-
IiOn should be read, albeit that it appears
: TO be 10 substance pTejudicial to the cause
OF Mrs. Henry Martin, whom they repre-
: sent Dir. Delmas, who Is conducting the
cross-eXamlnatiOn of his opponents wit
nesses, for the third time yesterday morn
ing expressed his willingness that Crit
tendeD Thornton should state TO the jury
all that he remembered of that deposition.
subject, of course, to such questions as
: Mr.. Deimas should put TO him for the puT-
pose Of refreshing his memory as to cer-
tain points which that learned counsel
oened should De eucldated.
But the challenge was not taken up, md
that portion of the testimony was for the
present laid over Then the learned law
yer from Sacramento rose and formally
asked for continuance until Monday
morning. 1--WE are sorry TO announce"
said Mr.. johnson, that Mrs. John Mar
tin is sick in bed and utterly unable tN be
present: also, some other witnesses whom
we expected 10 put upon the stand are not
ready with their testimony. 80, as We are
practically at a standstlIl we nave no al
teTnatVe but to move for IN adjourn
Mir. Delmas looked slightly annoyed,
and so did Arthur Rodgers. They con-
suited little while, and then Mr.. Delmas
stated that be bad been Informed the pre-
vious evening that Mr.. Thornton contem-
plated an adjournment, but that MI. john
son had expressed opinions to the con-
tTary.
THAT is so,'' said Thornton, but we
are now agreed that an adjournment VIII
be necessary" at which the Oulk OF Tue
spectators looked considerably detected
Judge COffey looked inquiringly at coun-
= sci, and then Mr.. Delmas suggested mat
:; he be allowed to call a witness IN DeDaI
Of Mrs. Henry Martin, witness VINO was
out of the State when the contestants
:: testimony was being taken, but VINO nad
since returned. If counsel did not object
>; he would like to call that witness now.
; dis testimony would comfortably occupy
!, the morning session, after which an ad-
jOurnment might be taken in accordance
with the wishes of the other side.
SIS vOur Wituess Mr.. Hutchins0n?"
asked johnson.
:. ait is, !" replied Delmas
ave offer no objection. Proceed"
henry L. Hutchinson was then called.
An elderly gentleman took the stand, who
stated that he bad been resident of San
Francisco for the past twenty-nine years,
and until one year ago was a member Of
the firm OF Fairbanks & Hutchinson, i'm
plement manufacturers, of Market street.
Ia answer TO Mr.. Rodgers questions the
witness stated that he knew both Henry
and John Martin.
"How long did you know Henry
Martin ?"
II met Henry shortly after the Palace
; Hotel was built. subsequently nad ousi-
ness negotiations and saw him frequently
six days a week, should think.
How often did you see Henry Martin IN
January and February, 1882?
t'EYprV daV riVht IN To the daY Oh bis