The morning call., 1894-07-18
Other Peculiarities, Angular and
Round, Are Pointed Out
TO PROVE THE WILL A FORGERY.
One of the Deceased's Letters Intro
duCed Which Speaks Rather Hard
of His Sister-in-Law.


AS the case goes on the interest In Il
wakes greater and greater, and Judge
Becher's courtroom, in which Judge
Coffey is holding forth, was crowded II
ovei flowing yesterday. Mrs. John b
Martin left her infant son behind her in
the morning, but he turned up in the after
noon ACCOMPANIED by his nurse. Hi;
mother took him home early. All the
other parties were present as before.
When proceedings were resumed Grove
J.. johnson requested permission to recall
William Martin to the stand for one more
question. The permission was accorded.
"Mr. Martin, did you receive second
letter from George Z. Williams, one In
reply to that sent by you TO him in answer
to his communication respecting this sec
ond will?"
81 don't reco llect how it was, but did
receive another communica from him. .
Have you it with you now?"
mo, 1 have not"
What have you done with it?"
al thing | sent IL back to Mrs. John
Martin"
WAS it not sent you through the post?'
II think not"
! Mr. johnson sought to call George E.
| Williams at this juncture to set matters
! straight, but Williams had not yet arrived,
! so the subject dropped for the present
Probate Clerk Casserly was then further
| cross-examined. In response to questions
! put by Arthur Rodgers the witness said he
! had had many conversations with Mrs.
| John Martin concerning the disappearance
! of the original will subsequent TO lis
! mysterious return.
when was the last time you saw her,
and whereof
About two months ago, in the County
! Clerks Gffice."
What did she say to you?"
Johnson objected vigorously to this ques-
| ton, and Rodgers returned that he pro-
posed to connect Mrs. John Martin with
the procuring of the forged will. John
son, however, argued that Mrs. Martin
was not a party to this case. and that
whereas the second or alleged forged will
was filed June 80 1898. the original will
was not absrracted from the County Clerk S
Office until July 6, 1898.
Judge Coffey sustained Johnson's OBJ
lection to the question and the latter
thereupOn enewed his motion of the day
| before 10 strike out all Casserly's evidence
| as being incompetent. Irrelevant and hear
say. This motion was, however, denied.
| Mr.. johnson cross examined, who
took this second will to the photog-
rapher?'
II did"
what for?"
ITO accommodate Mr.. Rodgers"
Had you any order of court?"
NO. Mr.. Rodgers made verbal re-
quest and l did it to please him."
"All right. But suppose that Mr.. Rod
gers were to deny having asked you to dc
this, you'd be in a pretty bad boat,
wouldn't yOu?"
Casserly replied that if Mr.. Rodgers
| were to deny anything of the kind be
would be speaking wrongly. The witness
had the permission of the County Clerk to
do as he did He got no reward for it.
| He went another time on an appointment
with Judge Williams, but the latter did
not keep his engagement. Quite num-
Der of persons came TO see the will,
among whom were Mrs. John Martin,
Mr.. Pond and Mr.. Rodgers.
Judge Coffey blandy asked the witness
If he was aware Of any rule regarding an
order of court being required for the re-
moval of documents from the hall. Cas-
serly replied in the negative and the Judge
graciously permitted him to retire.
Deputy County Clerk Nj. p. Dwyer said
he knew Mrs. John Martin. She entered
the County Clerks office one day after the
filing of the first will in March, 1893 and
| asked to see 1t. She came four or five
times after that prior to the filing of the
second will, but the witness would not say
whether or E0t she again saw the Original
will.
"She had some paper had she not ?"
Eyes, but l cannot state what tha
paper was"
Frank Davey, the photographer in
| Taber's employ. who testified on the pre-
vious day, was recalled to produce severa
negatives taken from the two wills. These
were offered in evidence.
j. Z. Donovan, chief OF the charging
| in Tot
enlarged pictures of the signatur OF
Henry Martin. One signature was thai
appended to the first will, dated May Is
$780, while the other two samples were the
alleged signature to the second will and
that found at the bottom of a letter from
Henry Martin to his friend Sargent, dated
one day after the second will was sup.
posed to have been written.
George Z. Williams testified to having
written second letter In reply to tha
written to him by William Martin, after
which the court took a recess.
On resuming. Grove L. johnson asked
that some room in the building be allotted
to the experts for the purpose OF examin
ing the various specimens Of the deceased!
handwriting. Judge Cotfey set apart hi
unused courtroom, department 0. for this
purpose
Arthur Rodgers then read number Of
letters previously introduced in evidence
| lot In6 purpose Ol lmpIoSSIDS the JURY
with a sense of the regard in which Henry
Martin held his wife just prior to hi.
death. They were full of epuearng We
despairIng tones, for at the time of thei
position Martin. unconscious that hi
own end was so near, thought his beloved
wife was on her deatbbed.
A new letter from Henry Martin to hi!
sister, Kate, and recently discovered, wa
put in evidence as intending to show Mar
tins opinion of his sister-iu-law. Some o.
the terms are strong:
OFFICE CT THE BROWN BEAR MINING J
COMPANY, DEADWOOD, TRINITY !
COUNTY. Cal, August 10, 1892.
Dear K0te: Your letter just received | hav,
been to Weayeryie, ana find that John wa
first taken with cholera mOrbus then his throa
and stomach. ana The last three or four day.
was paralyZed
She has no friends In Weaverville, and none
where she is well known. She told me size was
going TO write 10 you 10 come oft and live with
her. l told her that would be useIe SO, as you
would not come. II you receive any letter.
from her do not answer them. Ii you do sh,
! will give you trouble.
She wanted me to assist her In settling I'D the
property. l have refused to do so, as do MOI
want anything TO do with her.
There is not much left, aud she can have Il
| all as far as l am concerned. There Is a viii
which is in her favor but has not come TO light
May and myself Will go to The city to-day OF
| In the morning.
May joins in love TO you all. Yours, etc..
HENRY.
Frank Davey, the photographer, was