The morning call., 1894-07-27

as being irrelevant and immaterial, seeing
that she was not party to the action. A
similar motion was made respecting the
testimony concerning the parentage Of the
child. Both motions were denied, and
the other side called was on to state its
case.
There was a dead silence in court, born
of expectancy, as Grove johnson rose to
address the jury. Every one wondered
what on earth he was going to say. The
willy Sacramento lawyer did not leave his
audience long in doubt, however. After
stating tina: he was taken by surprise by
the abrupt closing of his adversaries' case.
which might account for his probable dis
coursiveness, he started in to state what
be called the facts of the case, which he
expected to prove ION behalf of the will
and the little boy"
"Inasmuch," he said, 'as the testimony
of these contestants bears only upon the
question as to who wrote and who signed
this second will, onr will be the same, ex-
cept where il is found necessary to correct
erroneous testimony introduced by the
other side.
They have attacked the parentage of
this boy, not, as Mr.. Rodgers declared. to
show that he was not the real offspring of
Mr.. and Mrs. John Martin, but TO show
the feelings of Henry Martin to the
mother and son. We hope to show you.
gentlemen of the jury, that this child was
properly born, in lawful wedlock.
1--WE shall introduce the deposition Of
the doctor who saw him born; of the
nurse who attended Mrs. John Martin in
her confinement; OF the clerk, manager
and proprietor of the hotel in New York
where Mrs. John Martin stayed during
that confinement; of two disinterested
and reputable ladies who were present at
the child's birth, and who will say that
John B. Martin Jr. was born of Isabella
j. Martin. In fact, we shall completely
answer those have attacked this woman's
character unnecessarily, improperly and
untruthfully, in order to relieve any i'm
preston lief; on your minds by such testi-
moDy as theirs.
Then, again, gentlemen, / remind you
that by the statutes of this State any child
born in lawful wedlock is conclusively
proved to be the son of his mothers hus-
band.
1--WE shall show you the picture of John
Martin with the story of the old pioneer as
he lived in this State. We shall show you
how that when Henry Martin came to him
penntless John helped him, put him to
work in his stable and cared for him.
Henry borrowed money from John from
time to time, till at last John said, No, no
more money. Henry We shall show you
that after this Henry begged and prayed
until his brother lent him that $4,000. with
which he opened this Brown Bear mine,
and which started the handsome fortune
that is the basis of this action.
Henry Martin was homeless and friend
less, gentlemen, and we expect to show
you that he evinced gratitude toward his
brother John and his wife.
1--WE shall also detail to you the life of
Henry Martini" said johnson, shaking his
finger impressively at the jury. ut will
be no pleasant task for us TO have to tear
the veil from the miner life of Henry Mar
tin and picture him as he was, false to his
wife, false to his vows. false TO his brother
and to his brothers child.
Henry Martin prospered In this mine
of his. The $1,000 which he got from his
brother grew and grew and grew. We
shall show you how he acted to his brother
and his wife throughout bis life. We
have hundreds of letters of his to John
Martin and his wife, showing the affection
and love which Henry bore them. He
spoke of them as his helpmates, his COM
panions, his friends and his brothers in
deed as well as in law.
I'VE shall show you where John Martin
lived. We shall show you why Mrs John
Martin only lived one year in Weaver
Vile. Although seemingly strong and