The morning call., 1894-09-14
Grove l.. JoFnsOn'S Great
Speech.
ON BEHALF OF BABY JOHN.
Furious Attack on the Conduct
of the Other Side.
CROSS AND HEYNEMANN SCORED
A Grand Effort Calling Forth Tears
From the Jury and Applause
From the Gallery.

The hands of the big clock in the assem-
bly, chambers of the Board of Supervisors
pointed to II o'clock yesterday morning,
when wiry little man, with shaggy hair
and long white beard, rose up before a
jury and entered upon a speech that will
be remembered around the law courts of
San Francisco for years to come.
The wiry little man was Grove L. john
son of Sacramento, and the speech he
started to make was on behalf of little
baby boy who claims one-third of the es-
tate left by the late Henry Martin. miner
and capitalist.
The speech itself was forensic exhibit
tion that had long been looked forward to.
and for many weeks it had been whispered
around that the "bum BILE member of a
country bar" recently known TO fame as
the indefatigabe prosecutor Of Dick Heath
in the courts of Fresno, was about TO enter
upon the effort of his life, undeterred by
the dread thought that the closing barangue
was in tile hands of so powerful an
antagonist as d. N. Delmas.
Grove has been lab0ring under several
physical Affections since his arrival in the
city of fog. He has enjoyed several colds
and few fevers since the beginning of
the long trial, and when TWO unwelcOme
DlisterS clung to the JOhnSonian tongue
and prevented lis loOsening at the close of
MI LnfOrth'S speech on Wednesday
morning, it was felt then an expectant
pubic was being robbed of sensation.
But not for long. johnson was on deck
yesterday morning bright and early, while
the large crowd that surged around the
doors was ample evidence of what was
expected. Everybody was in court, es-
pecally lawyers. whose name was legion.
The policeman with the large cameo ring
took modest seat in the Tear of the court
f1rla hn aS,1af ,,A 4 1f,s,%
view of Mrs. John Martin and the infant
nero, John B., while the gallery above
was crowded TO Overf1O wing. As is meet
and right on all such occasions, Judge
Coffey sauntered into court six minutes
late.
Grove johnson, on q iven signal. rose.
cleared his throat and commenced his
speech in a voice so meek and mild that
people began TO wonder If he was not
going TO disappoint them and not let off
any fireworks at all. But he soon changed
all that, for, as he warmed to his subject
the Sacramento lawyer forgot his cold and
his sore tongue and raved and stormed at
the jury with a force OF rugged but ire
sistlble eloquence.
He began by congratulating the jury
upon the hard work it bad done. You
congratulate US, we congratulate you," he
said, and, with touch OF his favorite drv
wit, ION our side we are exceedingly glad
that during this long trial every hing has
passed off lu pollteness and courtesy, DO th
between the parties themselves and their
attorneys.
81 have nauRht but the kindest feelings
to all concerned. l congratulate ali that
the affair has passed off as it has," Then
the counsel congratulated his youthful as
sOciaJe, Walter ii. Linforth, upon the very
able manner in which he had conducted
his part Of the case and prOphesied for
him future beside which tile career of
any ordinary President of these Unit
States shall pale with the pallor of OBJ
scuriiy.
II shall, as is my custom. speak plainly
of the witnesses, speak plainly of the tes-
timony, speak plainly of the acts of the
witnesses, but not in any way calculated
to harm any one" said johnson, Then
he spoke of the attorneys for the other
side and the means they had used to bring
about their end.
"rhe lawyer speaks for his client. speaks
as his client. He teels as his client. and
therefore at the outset | warn you that the
beliefs of Mr.. Rodgers should be disre-
garded." Here Mr.. Rodgers was seen t1
smile good humoredly, especially when
johnson referred to Samson of old pulling
down the temple of the Philistines, inyolv-
ing in its ruin the innocent as well as the
guilty.
There is nearly s., 100000 in this estate.
The whole of this sum Is involved in this
bitter lawsuit. Besides, the reputation
III JBe living Is lUVOlN6O. II Is a remark
able thing that In this remarkable trial
crime has been boldly charged, and Just as
boldly denied. Therefore. this takes The
shape of criminal as well as civil trial
That being so, see what Is at issue-the
liberty OF TWO women. For Mrs. John
Martin, the mother of this child prOpon-
ent. is branded as fOrRer, while her
principal witness, Mrs. Tibbets, may lie
charged with perjury. if you decide one
way. Two women may find their way to
the States prison at San Quentin, and
much trouble eusne, if your verdict upsets
the second will of Henry Martin.
''On the contrary. verdict rendered the
other way hurts no one.
Hence, therefore, your duty is grave,
important. more grave and important than
will ever fall to your lot, w hatever years
of toll and usefulness lie before you.
Mrs. Henry Martin is rich If you
give this little boy the verdict she will sill
be rich, and no criminal trials will result.
All will be peace. Martins money viii
flow into its natural and Legitimate chan.
mel. and no stngs will be left. But il this
will is rejected by you, endless troubles
are born to the people. War. eeaseless
and endless, like that between Carthage
and Rome, Will be opened. There Will be
scandal upon scandal, and the fingers OF
scorn will be raised upon every hand Be.
sides that all of Henry Martins money,
made when he was single man, will 90
to his wife, who is in her own right already y
a very rich woman.
BABY John VII be robbed Of his in
heIitance and left poor. Good old Jennie
Tibbets will be classed as perjurer Sar
Francisco will be injured aud her citizens
degraded. Sores fostering sorrow vii
spring up In many bosom. A Grano
Jury Investigation must follow and there
will be trouble all round. And who will
be benefited? Who will be pleased? One
man only. Z. 3. Pond; one woman only
Mrs. Henry Martin, will be pleased il yoI
upset this will. 1t will be a question o.
dross, that sometimes corrurts, sometime:
contamlnates the pOssessori"
Couusei reminded the jury that the pre-
sumption OF law was IN his favor The
presumption of law was that the will wa,
genui until proved otherwise. I'VE are
entitled to that presumption" The pre-.
sumption OF law was that Witnesses spoke
the truth. I'VE are entitled to that pre-
sumption" The presumption of law wa!
that the parties herein were Innocent 0.
crime. 1--WE are entitled 10 that presump
ton."
There was question of forgery raised
here, of crime committed. The Jury mus
bear in mind that if they had any reason
able doubt of the truth Of this their yer
dict must go against any such insinua
tiou, A verdict the other way would SCI
tne indelble brand of forgers, black
maiIers and perjurers on men and women
Mr.. Johnson had much to say RESPECTING
the duties of the cntllefsh. This small