The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-15

pencil would travel, when he looked up
aud caught the eye Of Mrs. John Martin,
sitting beside him on the witness-chair
Then Sumner threw down his pencil. and
pleading sickness. hurriedly withdrew
from the courtroom for a few minutes.
He also consulted Judge Coffey during a
convenient recess.
The uninitiated did not know what was
UP, but others did. 1t appears that on
Sunday last while Mr. Sumner was enjoy
ing his rest from labor and walking leis-
urely along Bush street carriage drove
up containing Mrs. John Martin and her
son. Henry Hoffman. No sooner did Mrs
Martin espy Sumner than she pulled Ut
and the stem ographer had bad quarter of
an hour Of it,
In very plain terms Mrs. Martin accused
Sumner of classifying the records and of
reporting the trial in manner unfayora-
BILE to her in terests. Mrs. Martin would
brook no denial and was not sparing in
her accusations. and when she drove off
she left the unfortunate shorthand writer
in condition better imagined than de-
scribed. Poor Sumner, who never before
had asDersions cast upon his character,
did not know what to think or do. No
wonder he trembled when be saw the eagle
eye of Mrs. John Martin fixed upon him
at short range in the courtroom.
The long debated question concerning
the paternity of John B. Martin has been
ruled out by Judge Coffey. The victory
of the opposing counsel is but doubtful
one, however, as testimony of a similar
character is being got before the jury, and
seems as though at future stage Of the
proceedings the very same question may
be repeated with success. As it was, ques-
tons of most direct and embarrassing
nature were presented to the witness yes
terday, each compelling an answer.
Mr.. Delmas overreached himself at one
point yesterday. Anxious to prove bis
point in an argument, he quoted the opin-
ion of a well-known Supreme Justice in q
well-known case. Unfortunately Grove
Johnson took the trouble to inquire for
himself on this point, the result of which
investigation was that he showed Mr.. Del
mas to have quoted from a dissenting
opinion in a case where the ruling of the
court, as given by a majority of the JUS
tees, was exactly the other way. The
circumstance occasioned slight merriment
in court.
1t was CrittendeD Thornton's privilege
to commence the days proceedings by a
resumption of his argument against the in
admissibility of The question: Mrs. Mar
tin, whoois the father OF John B. Martin ?"
The counsel argued on the old lines,
claiming that the question of illegitimacy
could be disputed only by husband or wife
or their descendants. And a dispute did
not mean the giving of testimony in court
of Justice. The issue in question was a
litigated issue and as such should be re.
garded.
Thornton could not resist having fling
at his opponent. Mr.. Delmas. He said
ST do not suppose for moment that the
Harmed counsel will imreril reputation
he has gained and a position which be
maintains at the bar OF San Francisco by
urging that this witness is competent to
give the testimony anticipated by the Ques-
ton we are now disputing.'
"PI undeceive you on that point, was
DeImas' Quiet interruption.
Thornton raised his eyebrows. "Then
must acknowledge that l am both unde-
ceived and surprised. ne SAID. II look
uD some authorities.
I'VE don't want any authorities said
Delmas calmly. ITS plain enough
propostion."
Pm ready to decide the question now"
said Judge Coffey. "The objection to the
question is sustained" Exception noted.
Delnas looked aghast. but said nothing