The morning call., 1894-07-27

Now. gentlemen, | cannot at this mo-
ment say whether experts will be intro
duced by our side or not. Personally, |
don't believe in them. But may be over
ruled by my associates or by my client.
II we do introduce such testimony we'll
show you more of Henry Martins letters,
and in them any number of Topped 'e's,"
upstroked and connected u.s. and we'll
prove to you that what the experts call
'retouching' was favorite trick of the late
Henry Martin when writing"
Grove johnson delivered his points
clearly and connectedly. 1t was easy to
see that he had mastered his subject, and
his peroration was most effective, deliv-
cred as it was with uplifted hands ana
clear. piercing voice that reached every
corner of the hearts of his listeners. 1t
was thus:
1--WE expect to call your attention to the
difference in the standing of the two par
ties. We expect 10 show you. as has
already been shown by the bond given In
this case, that Mrs. Henry Martin is
worth 100000 by her own sworn tes-
timony.
1--WE expect to show you that thisslittle
infant boy. whose cause we are cham
pioning here, is worth nothing save that
which the honesty of this jury and the
Justice of God will give him in this case.
We expect to call your attention to the
disslmilarities in the characters of these
people.
We expect to try this case in different
manner from the other side and 10 throw
no mud at any one, much less at woman.
Having shown you these witnesses, as we
will: having INDUCED in no mud having
INDUCED in testimony. and testimony
alone; having proven to you the letter of
October 8, 1892; having accepted the chal-
lenge of the counsel and the experts, and
stalking our cause upon the letter, believ-
ing and knowing the witnesses will prove
it to be genuine, we shall ask and expect
at your hands a verdict in favor of this
little infant boy, who stretches out his lit
tie hands and says: Give me that which
nv uncle gave me. Give me that which
God SAYS ought to receive under the law
of nature, and give il to me by the law of
man.
There was almost burst of applause as
Grove Johnson reached the end of his
eloquent address, and the jurors were
On resuming, Crittenden Thornton in
troduced the deposition of DR.. William w.
VaIzah, a physician OF New York City,
who attended Mrs. John Martin during
her confinement in 1891, at the San Carlos
House. He deposed that he was sent for
by her, an old acquaintance, found to be
in the condition she described, and treated
her until the child was born.
Mr.. Delmas made the extraordinary OBJ
lection at this point that the paternity of
! the child had nothing to do with the case.
| He said the only issues at stake were the
authenticity Of the will, together with the
sho wing of the condition of the testator' S
mind at the time. benevolent or malev0-
lent, toward the object of the devise, with
| a view to ascertain the probability of such
a document being executed.
johnson gasped. Why" be said. "this
is YOUR own contention. You've been try
ing to prove this child Legitimate all
| along"
"For reasons that should be obvious to
the attorneys" said the Judge. al shall
not give my own reasons for everything
your objection, MI Delmas." Delmas sat
| down abashed.
The deposition of DR.. Van Valzah went
| on to describe the whole circumstances OF
| the birth, naming Mrs. Larkin as having
been present at it and having acted as
nurse. Mrs. Martin had not yet paid his
| bill. amounting to $3.50.
The doctor, it appears. also saw Mrs.
| John Martin in 1898. when she said that
| she expected trouble from her sister-in-law
over will. Delmas excepted to this tes-
| timony as irrelevant Again johnson
stared. "Why, it's your Own question
asked by way of ross-interrogatory," he
exclaimed.
"Well, sir. it's your testimony" urged
Delmas.
Eyes" asserted the Judge. "It's Mr..
Delmas' question, Mr.. Johnson's testi-
mcny and my ruling. Objection over.
ruled"
1--WE save the point" said Delmas in his
blandest tones.
Well, the deposition stated that Mrs.
| Martin asked the doctor to help her to
prove the birth of the child. She said that
Mrs. Henry Martin was trying to show
| that it was not her child.
| 1t was touching to see the conduct of the
| little three-year-old child in court during
| the arguments resulting from Delmas' Wig
orous objections to testimony. All un-
| conscious that Delmas was his enemy, the
curly haired little fellow trotted over to
the famous lawyer. and clinging to his
coat-tail gazed up merrly in his face while
| the lawyer spoke words that might help to
thrust the child out into the world without
a dollar and without name. 1t might
| have melted heart of stone, but law
yers-
Crittenden Thornton then read the depo-
sition of William W. Hunter. manager of
the San Carlos Hotel in New York at the
| time of Mrs. Martins confinement. The
testimony bore out that given by DR.. Van
Valzah.
"Mrs. Jennie Tibbets," shouted Grove
johnson, and then all knew that the all
important testimony was at hand. Mrs.
Tibbets looked to be comfortable look
ing, plainly dressed, middle-aged woman,
with a plain though good-natured face.
She spoke of the delights of her boarding
house, and how that Senator a. P. Will
lams, Richard Balm. Henry Carey, Joseph
Simonson and other notables had resided
there. Also, II. II. Goodman resided the re
when the railroad first moved down from
Sacramento. She had been sixteen years
at 404 Geary street, and before that she
kept a clearinghouse at IA Ellis street.
Altogether she had been thirty years in
San Francisco.
You know Mrs. Isabelle j. Martin ?''