The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-09-26
End of the Great Martin
Will Trial.
THE DECISION OF THE JURY.
Henry Martin Did Not Execute
That Second Will.
SCENE IN COURT.
Brilliant Peroration Delivered by MIR
DeImas-Mrs. John Deserts
the Battlefield.

In the twelfth week of its sensational
run the Martin will drama passed last
evening TO place among the records of
famous trials that are past anG gone. Its
deatbEnel was Tung by the verdict of a
jury deciding that the so-called second
will of Henry Martin was not written,
signed and delivered by the hand of the
Old-time capitalist of the Brown Bear
mine.
The trial has been the greatest of its
kind since the Sharon case. That has
been decided by all the powers that be
among the legal fraternity of this city.
There have certainly not been many such
since the Inauguration of the Superior
courts Of this city and county. But apart
from the peculiar nature of the points in
volved has been the equally peculiar char
acter Of the conduct OF the whole trial.
When in March last year the will of
Henry Martin was filed for probate by ex-
Mayor E. B. Pond, who consented to act
as administrator of the estate by the re-
quest of the dead mans widow, Mary E.
Martin. no thought of any opposition to
its probate was in the minds of any one
familiar with the history of the Martin
family. And yet, months afterward. on
July 80 of that same year, with scarce
word or warning, puTported second will
was filed which sent a D0mbsbell into the
camp OF Henry Martins earliest and dear
est friends and caused Infinite trouble
among the immediate circle surrounding
the widow left suddenly and SO unexpect-
eddy alone.
Mrs. John Martin, widow of the tesla
tors brother, John, was the protector OF
this bomb At the eleventh hour this lady
appeared with a will purpOrtlng to be
signed, sealed and delivered by her late
brotheT-in-law, by which third of the
substantial fortune was bequeathed TO the
infant son of Mrs. John, christeDed John
Bidwell Martin. The will thus fled was
promptly disputed by the other side,
which claimed that it was simply bare
faced forgery. Such, apparently, is the
conclusion that was arrived at by a jury OF
twelve citizens in their verdict of yes
terday.
The trial, which commenced on July 9,
of the present year, and lasted exactly
fifty days. proved never falling source
OF attraction for the people. The court
room presided over by Judge Coffey
proved very soon too small for the hordes
Of spectators, and when after nine LONG
weary weeks the testimony in the case was
declared gathered in, it was found neces-
sary to engage the room assigned TO the
meetings of the Board of Supervisors for
the delivery of the arguments in the case.
as well as to afford the additional crowd
of interested persons TO witness the
forensic battle waged between the eminent
counsel on either side, Grove L. johnson
and D. NJ. Delmas.
Well nigh three weeks were consumed in
argument, and when on Monday evening
OF last week Grove johnson brought an
exceptionally brilliant plea to the Jury 10
an exceptionally sensational close, it was
thought that by his impassioned eloquence
alone the white-bearded member of a
country bar" must have at least gained
enough Jurors over to his side to have at
least insured disagreement, if not YER
dict in favor of baby John.
But it was not to be. Baby John did
not gain the verdict. Mr. Dplmas rose on
Thursday last, suffering from very severe
cold, but as he proceeded his voice seemed
to grow stronger and stronger as the law
yer warmed to his subject, until at last.
when he delivered a peroration that can
only be called grand" and resumed his
seat yesterday afternoon, there was not a
soul in the crowded courtroom that did
not feel that the leading counsel for Mrs.
Henry Martin had even surpassed him.
self. The speech was great. OF it might
be remarked. with Sir James Hannen.
whe, while sitting as president of the Par
nell Commission, and having listened to a
whole weeks imprisoned address from
Sir Charles Russell, now Lord Chief JUS
tice of England, handed down to the Isarned
counsel slip of paper containing these
words: "a great speech: worthy of a
great occasion"
The usual persons lammed the eourt-
room. Mrs. John Martin bore the scorn-
full shafts of her enemy, Mr.. Delmas
with great composure. Once she inter.
rupted. 1t was when the counsel referred
to her late husbands property as realizing
$4,000.
mo, no; you are mistaken" she inter.
rupted.
Mr. Delmas looked up at Judge Coffsv.
who promptly rose to the occasion. "The
lady will leave the courtroom" he said.
quietly.
'If your Honor please, do not wish n
enforce that order" said Delmas, with
courteous wave of his hand.
Then should the lady interrupt again
the order will be enforced" said the Judge
Mrs. Marin apologized and all was peace
1t was noticeable, however, that when the
case went to jury Mrs. Martin, accom-
panied by her soD, Henry Hoffman, babv
John and his nurse, left the courtroom
and did not return. After the verdict
which dashed their hopes to earth. had
been rendered they were seen STANDING
outside the City Hall on Larkin street
Without any fuss whatever they shortly
afterwarded boarded car and were
carried OF In the direction OF Van Ness
avenue.
MIS-. Henry Martin stood her ground.
bravely as she had endured all the ordeaIs
of the long trial. Nor did her fortitpaa