The morning call., 1894-07-13

estate. His claim is opposed by Henry
Martins widow, Mrs. May Z. Martin, who
claims the whole estate under a former
will. which she claims to be the only genu-
inc testamentary document ever executed
by her late husband.
Ex-MayOr Pond is the administrator of
Henry Martins estate, and appeared in
court yesterday as a witness on the side of
the widow. He unhesitating pro-
nOunCed the second viii TO pc forgery,
and for his sins he experienced a very
rough handling from Grove L. johnson.
His motives and interest were Impugned,
and the unfortunate eX-Mayor is TO be
congratulated for having kept his temper
admirably under most trying ordeal.
And it is not over yet, as on Monday
morning next, when the trial will be re-
sumed. it will be the lot of Mr.. Pond to be
placed once more upon the rack. ,
The jury having been selected, and all
the Dreiminarles arranged. the taking of
testimony was proceeded with as soon as
court convened yesterday morning. Judge
Coffey's courtroom was crowded, and the
atmosphere was sitting. Mrs. John
Martin removed her hat with business
like air as she took her seat beside her
counsel, while the hero of the hour, John
B. Martin Jr., sat in a high basket-chair.
tOyed with ribbons and things and won
dered what the whole business was about
Attorneys d. N. Delmas. Arthur Rod
gers, Meredith and Heynemann repre-
sem ted Mrs. Henry Martin, the proponent
of the first Will, while John b. Martin Jr
had his interests looked after by Grove j..
johnson, CrlttendOn Thornton, +. Ii.
Merzbach and Walter II. Linforth All
being ready, the first witness was called
to the stand in the person of eX- Mayor Z.
b. Pond, the executor OF the first will of
Henry Martin aud at present admins
traitor of his estate.
Nil Pond testified that he had been a
friend Of the late Henry Martin for be-
tween seven and eight years He was
a warm friend of Mrs. Martin, the widow.
whom he knew formerly as the wife of his
Old friend and partner, Samuel More.
About the time of Henry Martins death
Mrs. Martin was lying dangerously ill at
the Palace Hotel. The witness called to
see her three or four times daily, and the
hopes for her recovery were then very slim
indeed. 1t was generally thought that
she was dying.
Mr.. Pond said that when Henry Martin
died Mrs. Martin was incapable of trans
acting any business, and so he took it
upon himself to search among the papers
of the deceased for q Will. 1t was after a
very careful search that document, pur-
porting to be the last will of Henry Mar
tin, was discovered. This will was sub
seQuentiy admitted to probate. and the wit
ness appointed executor.
The document In question was then pro-
duced in court and identified by Mr.. Pond.
1t purported to be entirely in the hand
writing of the deceased. and reads as fol-
lows:
I. Henry Martin, do make this my last will
and testament.
l give, devise and bequeath to my wife. May
(. Martin, all my property, real and personal.
wherever situated.
make my wife my eXecutrlx, and direct that
no bonds be required OF her-and l give her
power 10 sell real OF personal property without
leave OF court
Witness my hand this 10th cay of May,
1890. HENRY MARTIN.
You positively identity this document
as the one you found among Mr.. Martini
papersY asked Arthur Rodgers.
II do. sir"
Resuming, Mr.. Pond said that he had