The morning call., 1894-08-13
PROPER OR NOT ?
Those Questions Asked of
Mrs. Martin.
An Interesting Stage of the Famous
Will Contest On Which Much
Is Said to Depend.

This is likely 10 prove the most sensa-
ti0nal day of all in the trial of the famous
Martin will contest. The whole of the
morning session will be taken up with a
stern and bitter argument of counsel on
both sides to decide most important
point. 30
When the proceedings came to such an
abrupt close on Friday afternoon a most
critical point had been reached. and no
writer of sensational novel in weekly
contributions could wish for a more dra-
matte situation with which to close one of
his numbers and thus keep his readers in
throes of expectancy, anxiously waiting
for the further development OF the plot
Mrs John B. Martin did not testify for
the cause o.: her little three-year-old son,
VINO claims a one-third share Of the $780,,
600 estate left by old Henry Martin of
Brown Bear mine fame under a second
will which is now the subject of dispute.
But when this side of the case was closed
and witnesses on behalf of Mrs. Henry
Martin, the W id ow, were called in rebuttal
Grove l.. JohnsOn's move was coun-
tered by the calling of Mrs. John Martin
to answer certain pointed questions con-
sidered very material to the Issue.
The first two questions Of Importance
caused such rumpus on the part or the
attorneys engaged on the other side that
II was found necessary to stop the case
right then and there in order tnat aulnor-
ties might be submitted on argument as 10
the relevancy and consequent aumlSsaoll-
ity of these questions.
These questions we're: "Mrs. Martin,
how many sons have you borne?" and
'Who is the father Of the boy cal LED John
B. Martin Jr. ?"
The questions naturally placed Mrs.
John B. Martin In very peculiar position.
For her son John B. Martin Jr. Is pre-
sumed by law to be the son OF MS mother,s
husband. John B. Martin, now dead, while
on the other hand testimony was intro
duced during the presentation of the in
FAINT chld's case which would imply that
Mrs. John Martin wished TO prove her
brother-in-law, Henry Martin. ialihless to
the wife who loved him and traitor to
the brother who had given MIN MS nrst
start on the road to fortune.
There are some letters also, to which at
tention has been called before. These
letters were found, according TO the testi-
mony of ex-Sen ator Cross, in the secre-
tary of the private nffice of. the late capt.
talist, Andrew Crawford. AS yet they
have lot been introduced I'D evidence and
have not been given for publication, con-
known. But this much seems clear, that
these letters refer in some direct way 10 the
connection of Andrew Cf lord with some
child Of Mrs. John 3. Martin. and there
are three kilograms In the package oil Cor
respODdence. one of which s dated from
New York City May 6, 1891, Il e very next
day after the birth OF the infant pro-
ponent of Henry Martins second will.
known as John B. Martin Jr.
lit Will be span from this tDaS the case
has reached a most sensational stage.
| The jury will not be present during he
arguments of counsel this morning respect
ing the questions put TO Mrs. Martin, as
well as concerning the letters to be ad-
mitted or not in evidence. Seeing me
turn that matters have taken. Judge Co1ey
on Friday afternoon last cautioned all
mem bers of the fair sex not personally
concerned in the trial of the case TO refrain
from attendance in the courtroom during
the next three or four days OF the trial.
The letters themselves are concealed
from view by Judge CGffry 1ney
are at present lostto view, but
should the trial Judge decide that they
are relevant to the matters at Issue and
permit them to be introduced In evidence,
they will under the law be read to the jury
In open court. Should this be done II is
expected that revelations OF more than
sensa tional nature will be brought forth.
Attorneys Rodgers and Deimas expect'to
occupy Tie whole OF this week with their
re6uttal. SO that with the arguments OF
counsel and one thing and another. the
most sensational case of the present day
cannot very well reach conclusion be-
fore the end of next week. Both sides UP
TO the present are extremely connuent Di
the result. and much will depend upon the
proceedings of the next few days