The morning call., 1894-08-17
THORNTON DENIES
Mrs. Martins Wholesale
Accusations.
WITHDRAWS FROM HER CASE
General Barnes Also Speaks His
Mind on the Matter.
AN UNUSUAL SCENE IN COURT.
Judge Coffey Finally Decides That
the Crawford Letters May Not
Be Admitted.
WITHDRAWs FROM HER CASE
AN UNUSUAL SCENE IN COURT.


fresh complications. The trial which has
proceeded with more or less regularity for
the past six weeks in the courtroom pre-
sided over by Judge Coffey has lest part
of its interest by the withdrawal from the
case of Crittenden S. Thornton, one of the
counsel for Mrs. John B. Martin. guar
dian ad Item of the infant proponeDt of
the second and disputed will of Henry
Martin.
An interview with Mrs John Martin,
accorded to a represen tative of THE CALL,
caused Mr.. Thornton to come to this un-
expected determination. SO Grove l..
Johnson is left to bear the brunt OF the
battle with his junior colleague, Walter ID.
Linforth.
The proceedings at the opening of court
Yesterday morning were OF an almost dra-
matte nature From the first it was seen
that something was I'D, as Thornton en-
tered the courtroom at 10 O'Clock with a
look of fixed purpose IN his countenance,
and by the earnest way in which he con-
ferred with his associate counsel 1t was
easy to see that something more than usual
was in his mind.
: Counsel had assembled an hour before
the usual time to argue the legal question
concerning the proposed introduction of
the Andrew Crawford letters. The jury
was not yet admitted and Mrs. John Mar
tin was not present. As soon as Judge
Coffey took his seat on the bench Mr..
Thornton rose and spoke as follows;
IF your Honor please, l rise TO ques-
tion of privilege, TO announce that for good
and sufficient reasons. based upon my own
sense OF justice. versclty. dignity profess
sioual pride and sef-respect. | with
draw from this case" With this Mr..
Thornton proceeded to read from the re-
port of the interview referred to.
IF there is anything in the paper ! will
say that ! have read it." remarked Judge
Cofey-
That paper in substance and effect con-
tains an article by the guardian ad litem
of the plaintiff or prOponent in the pres
cut action, in which she deliberately &C
cuses her counsel, not only the one in
whom she has confidence, but the other
two in whom she has not. of the suppress
sion of letter essential to the rights of
herself and her child in this case. With
out endeavoring to prejudice either her
supposed rights or those OF her child,
assert that l will not be IN any case in
which that letter is introduced evidence,
for the reasons apparent on its lace.
There is another statement in that in
terview TO the effect that | have been dis
charged from this case three times, which
is totally and entirely false. l was once
notified upon June p by a person here
which gladly assented. and afterward at
the direct request of the guardian ad
Item OF the plain tilt and of the gentle
mac who sits beside her, representing that
Oh account of the ancient friendship be-
tween US my services were essential for
his benefit, and for the benefit OF the child
whose case I considered to be we'll found
Ell, l again returned.
1T is now asserted that the guardian of
the plaintiff has no confidence whatever
-. ~ -. IL
never intended in the course OF human
existence that any confidence could or
should exist between Isabella j. Martin
and myself. Another foul and Infamous
libel contained in that interview is to the
effect that have written TO the guardian
OF the child in this case three letters of
sn over affectionate nature"
The courU-It SAYS friendly.
Mr.. ThoTnton-OVer friendly.
The court-To0 friendly.
Mr. Thornton-TOo friendly, ] assert
that statement to be false in its entire
length and breadth. | have never written
but one letter to the plaintiff, or the guar
written in the presence of Mr.. johnson at
the Hotel PleasantOn at half past1Oo'clock
upon the night of the 9TH Of July, 1894, an
nouncing to Mrs. Isabella j. Martin that
Mr.. johnson had arrived from Sacramento,
but that it was too late upon that night TO
poses of this action.
"a 81 deny that she now has or ever has had,
or that | have ever written, or that have
ever caused the writing of any letter
signed by my own name or friends
name, written by me or any person on nv
behalf OF any other nature. And / defy
their production, and / consent in adj
vance TO their production IL they exist, and
l am ready for the responsibility. | again
assert that l will not be connected with a
cause IN which party contends that we
have betrayed her interest by the nop-pro-
auction OF evidence essential TO her rights
IN which nave no confidence. | decline
further to be connected with a cause in
which Tor any purposes evidence is to be-
given or anticipated not in accordance with
the truth or the fact, and [ appeal to tha
gentleman here and now for his own sake
to assert his own manhood. his own dig
nifty, his own seit-Tespect, as | assertmine
HE has received during the slespless
nights and DAYS of toll that he has passed
through on behalf of this woman and her
child in this case sufficient number of in
suits, both in language and by letter.
which among men would have caused the
death Of a score of men. l tell him that
he does himself a foul and infamous
wrong by remaining in this case and that
he should assert his own dignity ard his
own manhood by withdrawing from it:
that he is directly accused of the sup
preston or evidence essential TO the rights
of bis client, which does not and cannot
commend itself to his judgment aud his
self-respeci, and that he ought to get out.
Apart from the gross and Infamous
insults which have been passed
upon him upon last Thursday afternoon in
this courtroom this woman charged him
and me within five minutes of each other
with stealing a letter. not the letter
alluded TO here. from her. Within week
she has Informed Mr.. LInfortb and myself
mat 1t became necessary to have detectives
upon our tracks. [ invite any charge. L
shali lay this matter before the Bar AssO-
clatlon ana before the Supreme Court OF
ms State Tor the fullest investigation. l
ueSpise me author Of these charges as
mucn as despiSe the charges them sslves, |
anu should despise her exculpatiou as
much as should her accusation, and for |
THESE reasons. for my own sef-respect, |
leaVlng the gentleman to follow his own |
course oI &C Ion, without prejudIcipg the |
cause OF this child, which | believe 10 be |
just ana honest, l leave the case in which |
my iapOIs nave not been productive even |
OF the small result OF gratitude"
To Attorneys Delmas and Rodgers Mr..
Thornton addressed these words:
- Il am much obliged to you, gentlemen
for. your courtesy Ia this case. Ts there
any paper In my possession MIR. .Johnson |
or any memorandum of authorities which |
can hand over to you for further assist |
alce in this case"
Mr Thornton was followed by Mr. Nal
mas. who. in his own EracHfnl uay-.v