The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-09-18

| previous WAS FEBRUARY If. OF. dlenIlDc y
| day, and on that day Mrs. Cornwall had
| been in the city purchasing valentines.
| What more natural? What more reason
| able
Mrs. Cornwall was contraiicted by Mrs.
| Pond and by the written memorandum of
the nurse regarding "molasseS." johnson
| said: If | we're to foil Ow the devious
! paths pursued by the other side ana act as
they have done, could not say, as they
/ said OF letter introduced by US, that this
| nurses memorandum was fixed up during
! the progress of the trial? l do not say
| so, scorn to say so; but l could do So,
and W 18th reason. if L chose.
How is 1t that when ] wished this
paper introduced In evidence. when
wished the jury TO see ii, Mr.. Delmas so
! vigorously objected? Why could not they
| see il Where is the rest of that paper
| Did not Mr.. Rodgers tell you that where a
paper is referred to, and it is in existence
it must be produced 10 speak for itself? l
leave that TO you, gentlemen.
Then, again, remember that Mrs. Pond
says she fixes the date of her conversation
| with the nurse from this paper. | have
| nothing whatever to say against Mrs.
! Pond, but | ask you to remember that
/ he is due from the estate, is very great
when he sends his wife and his wife's sis
| ter into court to give testimony in this
/ case.
How do you suppose Mrs. Cornwall
| likes to be accused of perjury? bow do
you suppose her husband and her friends
! like it? There is not the slightest eX-
! preston, gentlemen, for accusing this
reason lady of anything of the kind. She
is squarely corrOborated by their witness
Mrs. Isabelle J. Martin, and by two of our
witnesses, William Ii. Chambliss and
Prosper Reiter."
Counsel said there was vet another wit
ness to show up Henry Martins double
life. This was j. II. Simonson. This
! witness was entitled to respect. He had
! fought for his country, wore his badge of
honor, and Grove johnson said that on
this account alone he should be treated
with respect, nay, even reverence.
It's true he fought on the Union side,
while some people engaged in this case
might not like that" said the Sacramento
lawyer, with an uudisguised sheer at one
! of Mrs. Henry Martins lawyers. Then,
speaking of SimOnSOn having seen Henry
Martin ascending the steps of Mrs. Tib-
! bets house, he said: 1--WE are willing, nay.
we ask the court to make an order direct
| ing that the jury shall for themselves eX-
anime the premise, at 504 Geary street.
| We shall put some jurors in the dining
room and Ut0ers outside, and then they
can see whether or not It was possible for
| Slmonson 10 have seen what he says be
saw.
The very fact that he disagree ed with
| Mrs. Ilbbets as 10 when Mrs. Martin had
her meals-that very fact is badge of
truth. If these two had been putting up a
| job to tell lie each one would nave told
The same story. Therefore, why not be-
lieve him? Why strike down this old
soldier 10 his later days? If he tells the
| truth, gentlemen, the double life OF Henry
Martin is established beyond doubt"
Counsel then entered at length upon the
| testimony of Mrs. Jennie TibbeIS, that
n nm hnn coll nd har
here that johnson had recourse 10 the
| yankee poet and The storming of Grey
town by forces under General Pierce. In
this respect he quoted the lines:
We beat an old woman stone blind
| That couldn't see much before.
Johnson asked the jury TO say that Mrs.
| Tibbets spoke the truth, and so confound
made such an uncalled for attack upon
| her.
All this testimony had been corroborated
by Mrs Isabelle Martin, who was uothlng
more nor less than the other sides wit
ness. They could not possibly get past
her testimony, given as IT was without
| fear or shame for the sake of the little
boy. No matter what could be said of
Mrs Martin this fact remained.
Here then, are fifteen human beings,
all telling of the double life Of Henry Mar
tin, and in addition here is the dear little
/
fondle such little boy as that. 1t may
be said that l am over Jealous in my speech
about that little boy. | admit il. It's my
duty. The boy can't speak for himself
he's helpless. Surely, is it not his law
yer's duty to act as his mouthpiece and
speak for him?
add to all this Henry Martin himself in
| life and 10 death. No juror has a moral right
| 10 say that he did not lead a double life,
that he was not friendly toward him.
IF We find that this is so, and that our
witness spoke the truth, il follows logi-
caly and truthfully that your verdict
must be IN our favor. This is a logical
sequence from even the speech of Arthur
Rodgers. If you strike down the substan-
! tations OF the house so carefully built by
Rodgers. why then the house itself falls.
"All this testimony goes to explain all
! these mysteries, and SO does this will. 1t
explains all his conduct; 1t explains things
ineXpllcable in Henry Martins life. We
demand a verdict. For you to do other
wise is to wrong Henry Martin himself.
Somebody should he made to pay for
Henry Martins deception. Not those over
there. Henry Martin did not deceive
them In this; he was always kind and
afectionate; more than that. But the
others want to tel you that he hated these
relatives of his. l now ask you tn take
the other view. Say that Henry Martin
tried to change his course. that he tried to
| Second and most just will"
Johnson called attention to the reported
| Will OF Mr.. Martin by which she lett her
whole fortune to her hus band. He seemed
TO think 1t was strange thing that this
will had never been produced. Why NOT?
Was IL in existence? And if so, was this
arrangement fair? Surprising the first
will of Henry Martin were upheld. what
guarantee would there be that Mrs Mar
tin would do as she had promised by his
relatives? And if she did, would it be
| well for them to be dependents on her !?
Would rot they act like the Purilans OF
ola and scorn TO take 10 charity what right
fully belonged to them?
Counsel said that in his opinion Henry
Martin did not know Of these extra rtla-
tlves so kindly supplied BY William Mar.
tin the other day.
IA to the first will, il it was ever made.
which was extremely doubtful, it was
made during the honeymoon, and should
be scanned carefully. Old bachelors
marrying rich widows were apt to do
strange things, and very often the most
unjust things.
Ihls second will remembered the dead
man relatives, and divided the property
according to law. L was more reasonable
and more just than the other, and should
be held as such by jury.
AS to the clrcums ances regarding the
discovery OF the second will. 10 Dson
claimed that these proved its genuineness.
lie briefly recounted he testimony in this
respect, and introduced Attorney T. C..
Bates as strongly corrOborating Mrs. Ttb-
bets, when he spoke of Henry Martins
visit to his office. On that occasion Mar