The morning call., 1894-09-08


II only four lines, and inclose it with the
other in the same envelope?"
Rodgers certainly made a furious on
slaught on this unfortunate letter. He
showed that the words, ~ ou will never
forgive the wrong that have done you,"
were absurd, as, by Mrs. Johns own testi-
moDy. any such wrong had already been
forgiven in thousand embraces; also. if
this was a farewell letter. the concluding
words, ''See me Tonight" were decidedly
out of place. He did not let up on this
and the other Dear Belle" letters until
he had logically torn them into a thousand
pieces.
Finally this part OF the argument was
brought to a close, Mr.. Rodgers thanking
the jury for the clemency shown him. A
brief recess was taken TO allow the coun-
sci time to prepare for his peroraton.
Mr.. Rodgers had a few more points 10
place before the jury. Speaking generally
OF the evidence given by Mrs. John and
ber witnesses, he said:
'"These allegations are not true. This
brOwn-eyed child of a blue-eyed race is
| not Henry Martins child. That has been
shown to you in many ways. But if it
had been true, would this woman, in Au-
gust, 1892, when appealing to Henry Mar
tin for help. oeseech him on behalf of
your broiher's chld.' to put away his
| animosity? Would she not have said
your child ?"
bOuR0TS uISCOuTS6u al I60RED upon the
alleged history of the documeut-the sec
oDd will. First, the counsel claimed that
the story was untrue, for If Henry Martin
delivered the will it must have been be-
tween and o'clock on the morning of
February "a
But we say that at this time Henry
Nal tin was in his rooms at the hotel, sick.
de was drinking hot water, was in the
! hands Of his physician. Henry Martin did
| not and could not have gone out at that
| hour, and be could not have gone later. 1t
is not even claimed that lie did,"
The diagram of distances was then in
! troduced to show the utter impossibility of
Henry Martin having visited so many
| places during the time he was absent from
the Palace Hotel on the morning of Feb
ruary "A, 1898.
| why should he go at all? He need not
do SO. He could have sent some one. But
no! This would have necessitsted some
one else, another witness. to testify to the
| Wits delivery" and here Mr.. Rodgers
smiled sarcastlcslly. He showed that
Martin had box in the Safe Deposit Com
Dany. He had coDsidera BILE fortune to
leave, and if he had intended any change
| IN the disposition OF his affairs he would
naturally go ABOUT it in his usual sys-
! tematic way.
'Did Henry Martin wish to SOW litiga-
ton? Did he leave his frat will al these
years safely locked in the Safe Deposit
| box so that ali his friends knew his wishes?
1 say did he send another Will out in to the
world to bring about litigation? No. If
he had written a second Will he would have
destroyed the first. Why should he go no
to boardi0g-house keeper and deliver to
| her document without a word of explain
alton? Why should he give the will 10
Mrs. John Martin? Why not to William
Martin with note saying that he had ap-
| pointed him executor? Henry Martin
would not leave that will in charge of one
whom he had so often spoken of as foIger
and blackmailer."
Speaking of Mrs. Tibbets, Mr.. Rodgers
| said she was a woman OF the weakest
memory he ever knew. She didn't know
| when she was married, nor when her hus-
| band died, nor when-she remem bered
nothing. But she remembered when Henry
| Martin died and other things connected
with the case. She remem bered certain
dates "because Mrs. John Martin told her
to-" This worthy iady's adventures across
the bay when on visit TO Mrs. Crawford
| was commented upon by The counsel,
| showing that she did not remember where
nor when the event took place.
! Mr.. Rodgers claimed that the only infer
ence to be drawn was that Mrs. Tibbets
was interested in the result of this trial.
| or was IN some way dominated by Mrs.
John Martin. HeDry's death was duly
noted in the papers; his funeral took
place, at which Mrs. John Martin at
tended, and vet the good lazy ne'er be-
thought herself of this document lying in
the drawer. Mr.. Rodgers became nautical
here: ''She had stood on the leeward side
OF months osculatioD, and yet this
woman did not notice that Henry did not
come! Why did they walt until March
ZIP Because the first will was fled on
March 20. and this was a good day to sud-
denly discover this second will.
Then the manner of its discovery
Mrs. Tibbets went to Mrs. Martins room
| and said. 1have done something terrible
What had she done terrible? What did
she know of the contents OF this docu-
ment? Then the dramatic scene at the
door. where Mrs. Tibbsts took the paper
from Mrs. John. Do you believe it !?
Have you not seen the two women? Is il
lot put-up story? Mrs. Roster was in
the house. apd she was not told of this
sudden $4,000 legacy.
'And then the document was not
taken to lawyer. 1t was put away in a
drawer until April H. while all the pro-
ceedings in probate of the first will were
going on. Why? Why did she not at
once take the paper to an attorney? Is it
credibleP No. Because during all this
time the second will was forgedi Mrs.
John Martin went TO the County Clerks
office, saw the first will, copied the first
five lines of it, and then the second will
was forged
"What did she want with copy of the
VIII why, LDe exact pnTaseOloRy. Let's
see what the attorney did. He wrote to
William Martin, saying: 4 send you
copy of an instrument, the contents of
which may prove interesting TO you.' Is
that the way to speak of genuine docu-
ment?
''Then take these words: The person
who has possession of the instrument
does not. think. ever intend to PRESENT. it
to the court Does that suggest tnat
Judge Williams believed this TO be genu-
inc? And then the words: IF you think
this matter of sufficient i'm portance think
you had better come here What do they
mean? And then Judge Williams asks
William Martin to say nothing about it,
Why? The fact is the writer of that let
Ter dared not speak OF this instrument as
a will
"Where is the confident language: L
sent you copy of the will whereby you
are bsaueathen $4,000 Come 10 San
Francisco at oncep Where is the Ian
guage? Not there. And take the reply
of William Martin: i don't think he made
will at that time and don't think be made
1t that way"
In conclusion Mr.. Rodgers said that in
his ODluiOQ il was NOT the inte tion nf Mrs