The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-29

not to be fact we are permitted TO do
So. MIR. Demas once more referred TO
Mrs. John Martins positive statement on
the witness-stand and concluded by say
ing, we desire to confront the witness
with her own written statement on the
same subject and SO prove what we claim
to be fact"
Grove johnson had a few words to say
In conclusion. He accused Deimas OF
having spoken more than his share and OF
having gone round in circle TO prove MS
point. He said you could not prove Cat
10 have ten tails because it was Older than
cat which had nine, or some Joke 10 tnat
effect. This gave Judge Cotfey chance
for a joke ana he at once took advantage
of it. saying that cats o nine tails were
useful Things. All the lawyers employed
in the case laughed immoderately.
When johnson had got through. now
ever, his Honor grew serious ana salO
that he had decided that if II was compe-
tent TO establish this boy as being born OF
certain parents IL was competent 10 meet
testimony introduced to that effect The
Judge quoted from Mrs. John Martins
testimony and then announced tnat JOnn-
sons objection to the letters was over
ruled, excep ton noted. johnson thought
of the previous ruling regarding the Craw-
ford letters, ana looked unutteraoe things.
The letter of October y has been
sufficiently identified" said the court, but
| should like further proof or the July
letter."
Certainly, sir" acquiesced Mr.. Delmas;
"Mr. Heynemann,, take the stand;
lone moment" was heard from the
ranks of the opposition, as Attorney IL Il.
Philips rose to address the court.
"If the court please" said Phillips, II
desire to say that / have been requested by
Mrs. John Martin to act as her attorney IN
| this case. l explain my appearance at this
| time"
Mr.. Delmas interrupted by asking TO
| what point was this communication to the
| court addressed.
III simply wish TO explain my presence
! here" was the reply given. II have been
| called in TO represent Mrs. John Martin.
| The other day during her examination
| Grove johnson stated that he represented
! he prOpOnent If this will and no one else.
| Mrs. MaTtiD, feeling that as guardian OF
this child and administrator of the estate
she ought TO be represented. employed me
for this purpose"
Very we'll, Mr.. Phillips" said Judge
! Coffey. You are entered as representing
Mrs. John Martin and as an associate with
| Messrs. Johnson and LinfOTtb.
"One moment your Honor" said Del
mas. Then the counsel objected TO any
! such association being entered on the
ground that Mrs. John Martin was not
party to the action, and consequently
! could not have an active representative.
Judge Coffey had then occasion 10 alter
! his ruling He decided that while Mr..
! Phillips might be entered as the attorney
| representing Mrs. John Martin. yet as
! such he could not be permitted in this
| present action to examine or croSs-eXam-
| inc any witnesses introduced for or
! against this pTopOnent. nor could lie make
/ any address 10 the court or to the jury.
| That being settled, Phillips looked duly
| abashed and the trial went on.
! Then Attorney HeyDemann resumed
. ! &c rafv has
! since the previous day. he stated that he
knew Mrs Isabella j. Martin very well,
knew her when she was Mrs. Hoffman,
and was familiar with her handwriting.
Mir. DelmaS handed the witness the two
Crawford letters proposed to be introduced
in evidence, and the witness without hest
tation pronounced them to be in the hand
writing of Mrs. John Martin.
Take the witness"
Grove Johuson's first question in cross
examination was rather sarcastic. You
are the same gentleman who testified yes
terday?" he asked.
II am.
You had chance to consult with Mr..
Delmas since then ?'
Mr.. Heynemann, being a stranger to the
witness stand, did not comply with the
direct rules of law in giving direct answers
to questions. In consequence, several
answers given by him were PROMPTLY
stricken from the record by Judge .Coffey.
Finally. the witness said be did not under
STAND the question. This statement called
forth more sarcasm from Grove johnson.
How old are you, Mr. Heynemann ?"
be asked.
Thirty five"
What's your business?"
Lawyer"
How long been practicing?"
Since 1879 Fifteen years"
Yet you don't understand a simple
question, do you?"
There was some more talk over this
question, after which MIR. Heynemann ad-
mitted that he had had a chance TO talk
with Mr.. Delmas on the subject of these
letters, but that be had not done more than
generally converse with him thereon. He
had told Mr.. Delmas that he knew Mrs,
johns handwriting, but that was since
the opening of the trial. He had not
exactly compared these letters with others
OF the Andrew Crawford letters. but at
the same time he was not swearing on
general principles.
"On what basis, then, are you swear
ingP"
Mr.. Heynemann explained that Mrs.
John Martin had called at his office to de-
mand these and other letters, which she
acknowledged were written by her. Con-
sequently, the witness was able to tell
that the letters were genuine.
The afternoon session opened in a scene
of subdued excitement Interested per
sons had heard of the admission of the
two Crawford letters. and were all agog
TO hear them read in court. By some
chance Mrs. Henry Martin turned up in
her accustomed place in court, but after a
brief conversation with Mr.. Craig, she
LETT the courtroom and did not return. The
room was packed with people when the
Judge gave the signal for the trial to be
resumed.
Mr.. Craig stated that his colleague, Mr..
Delmas. had not yet arrived. He might
come any moment. In the meantime. and
in the temporary absence of Mrs. John
Martin, other witnesses would be called.
This proceeding was assented to.
Henry Pichoir, a tall, elderly man, was
called to say that he was a friend of the
late L. l.. Robinson. 1t will be remem bered
that it was L.. l.. Robinson who was in the
Baldwin Hotel elevator one day with Mrs
John Martin, on that occasion introducing
that lady to Mrs. Arthur Cornwall.
''Mr. Pichoir you knew Mr.. L. L.. Rob-
lnson?"
Yes. sir; l knew him WE'LL"
"When did he die ?"
"He died May 6. 1892"
That's all"
mo questions" was Johnson's only re-
mark.
Then came Charles L. Holcomb. a dem
uty in the Office of the City and County
Surveyor. Mr.. Holeomb produced an
ella bOrate map, drawn up at the REQUEST of
eX-Mayor Pond, showing exact locations
and distances between The Palace Hotel
Mrs. IibbeIs' house at 504 Geary street