The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-09-25
WAS SIT FORGED DURING TRIAL?

I,
over the question of forgery in regard to
the second will of Henry Martin without
coming to a conclusion. He expects to
finish by II O'Clock to-day, after which
Judge Coffey, with a brief address, will
dismiss the jury to the desperate task Of
arriving al a definite understanding.
Mrs John Martin did not favor the
courtroom with her presence. And the
childish prattle OF the little innocent
against whose origin such hard things are
being said was also missing. Baby John
& Co., in a word, were elsewhere. Mrs
Henry Martin has missed only that portion
of the trial respecting which warning TO
ladies in general was given by Judge
Coffey, and when for the third day Mr..
Delmas addressed the jury the crowded
courtroom, with its Theoretically sealed
windows. was about as enjoyable as it has
been since Mr.. Delmas contracted that
severe cold.
1t was noticed that the famous lawyer
had still a suspiciOusly deep-tOned voice.
The greatest of doctors cannot remove
cold in a day; but yet in the present alter
native of sunshine and fog any man is
lucky TO be able TO speak at all. There
was great deal of recaptuauon about
the speech yesterday. but there were some
bright flashes, too. Once, In speaking of
suggested that il would have been per
feetly easy to find that lady without pro-
ducng her at the eleventh hour Her
name was in the directory.
mo, it isn't" said Linforth.
SIS not the name of Arthur Cornwall,
her husband, in the directOry?"
"Her name isn't" persisted Linforth.
Glow do we know who her husband is ?"
ooh, pshaw ~ was Delmas' cOntem ptuOus
rejoinder, and the spectators applauded
by silent but expressive grins. Then
shortly afterwa!d he got into trouble
again with LtnfoTth. Delmss was talking
of the testimony of General Barnes, say
ing that the attorney was prevented from
telling the truth about that letter of Feb
ruary "a. 1892. partly owing 10 an objec-
ton from the other side. Linforth jumped
up again.
eve withdrew our objection" he said
YES, you did, two DAYS afterWard,
when 1t was too late" retorted Delmas.
"We sought TO interTogate General Barnes
when the fountains of his memory were
pure. But you would not let us. Then.
two days afterward, you came to Us and
accorded US your gracious permission to
ask question which you had previously
denied US the right to ask"
On the subject of the Palace Hotel Mr..
Delmas was quite cutting. Speaking of
Henry Martin having desired 20 avoid the
censure of the palace Hotel set" in con-
.iuuIbR opehis Us ntiGiC TeIatlons with
Mrs. John, he said: Who are The Palace
Hotel set? A lot of globe trotting Eng
lishmen and dudes" Later on ne alluded
to the hotel itself as 'a modern caravan
sary." But the greatest part of the ay
was occupied by the speaker in boring
holes in the MY dear Belle" letter Of
February "a, 1892.
After the usual recapitulation of events
supposed to be already proved, Delmas
went on TO pick to pieces the testimony of
Mrs. Jennie Iibbets In respect to the find
ing of the second will. He enGeavored by
logical argument TO prove that her story
was false.
What did she do with that will 1t had
become fixed in her mind that she had
placed it in the drawer. But the story did
not pan out. Mrs. 1ibbets desired the
jury to relieve that this paper was bur-
redly thrust into the drawer was left
lying there until March 81, nearly one
month, and found on that day when the
drawer was being cleaned out mad
vertently, in the course of cross-examina-
ton, 1t transpired that this drawer was
used daily for the reception of papers,
bills. etc. This, OF course, was damag-
ing admission.
The witness had shrew6Dess enough to
see this, however, and she endeavored to
get out Of il the best way she could. Being
driven. then, from her first position. to
avoid the obvious contradiction contained
".
She said she pulled the drawer out thrust
she will In a s Jar as she could, in order TO
place the document where it would not be
disturbed.
This was to avoid the obvious pitfall
that lay gaping before her in the manifest
contradiction contained Ia her two state
ments.
Then the opening question arose, why
should she take pains to do all this
when she expected to deliver the will to
Mrs. John Martin IN about ten minutes, as
soon as she should have prepared break
fast for her? 1t was to keep the paper
clean. she said. From what? From the
dust that accumulated in the hail. An ex-
PLANTATION that was manitestly absurd,
claimed Mr.. Delmas.
Then, again, was not the story that she
left this VIII undisturbed from Febrary "a
to March q beyond all human credibilty ?
She must have known after February q
that Henry Martin, who was accustomed
TO call there every day, no longer came
His visits ceased; and Mrs. John Martic
kept Mrs. Tibbets Informed of Henry's Sc
we're sickness, and of his death on Monday,
February 81 Mrs. John Martin even
attended the funeral and was probably as
sisted in preparing for that event by Mrs
Iibbets herself.
Both witnesses agreed as to the letter
that was part of their story. But they dis
agreed upon point on which they never
&c
Martin said that she took the letter, opened
il and thrust it into the bosom of her dress
On the contrary, Mrs. Tibbets swore thai
the Letter was never opened at all. Mr.
Delmas claimed that this clearly showed
that the two women had not properly re-
hearsed their story.
The counsel waxed sarcastic when be
called the jury's attention TO the statement
of Grove johnson that this estate amount.
ed to nearly a million dollars. and that
Mrs. Henry Martin was so fabulously
wealthy. This was one of Mr.. Johnson's
peculiar fights of fancy. The estate was
valued al $240, 0o0-no more, no less. Yet
for all that, IL was true that One-ybird oil
ttis-$60 000-wouli be a very handsome
fortune for any little hoy 10 inherit
do you suppose that if this woman had
a bond for $4,000 in her possession she
would have left it lying in a drawer.
Would she have left it so unprotected
when she was doing business with Croker,
WoOIwortn 81 CO., and had locked box in
this institution? No, gentlemen, she
would not No woman as intellectual as
she would have done anything of the
kind"
Before court adjourned for luncheon
Delmas spent some time 10 trying to show
that the whole conduct Of Mrs. John Mar
tin was suspicious. If she b ad been true
woman, as well as Intelligent. and a true
mother, she would have filed this second
will within thirty days, as she was sup
posed 10 do. as custodian of the will, as
vel as guardian Of a child who Inherited q
fortune Ivy t.