The morning call., 1894-05-08
MRS. MARTIN SICK.
The Will Contest Receives
a Check.
Her Attorneys Desire to Withdraw
From a Case Which Cannot
Proceed to Trial.

The contest of Mrs. Isabella Martin for
a share of the estate of the late Henry
Malsin on behalf of her son. John B. Mar
tin Jr., nephew of the deceased. was to
have come up for trial yesterday before
Judge Coffey and jury.
A surprise, however. was in store for
some Of the participants in the contest.
General w. FL. l.. Barnes, Carroll Cook
and George E. Williams, attorneys for the
claim ant, appeared in court and moved to
withdraw from the case. Affidavits were
presented in which il was stated that the
mental aud physical condition of Mrs.
Martin was such that the case could not
possibly proceed TO trial. In any case a
continuance was imperative at the pres
ent time.
General Barnes, in support of these
statements. filed an affidavit in which he
stated that he had no doubt whatever of
the genuineness of this, the second Will OF
HenIy Martin, which his client sought to
establish, and under which John Il. Mar
tin Jr. would inherit the property.
His client had evidence TO show that
Henry Martin had always evlnced SIN
cere affection for Mrs. Martin and promised
to do something for her. a few days be-
and placed it in the hands of a Mrs. lib
belts OF 5G4 Geary street, with instructions
to give 1t to Mrs. Martin upon his demise.
This was how the document first came
into Mrs. Isabella Martins possession.
An affidavit was filed by Mrs. Martin
herself, stating that by reason of an at
tachment levied upon her by Attorney b..
j. Lnforth she was without means To
prosecute her suit. She had no money for
necessary expenses even, such as the en-
gaglng of experts on handwriting or court
fees.
DR.. W. T. McNutt testified that he was
Mrs. Isabella Martins private physician.
and that her mental and physical copdl-
ton was such that she could not possibly
undergo the strain or long and bitter
legal contest
Arthur Rodgers, attorney for the ad-
mnistrator, opposed the application for a
continuance on the ground that no legal
cause had been shown why the matter at
issue should not be disposed of forthwith.
In reply General Barnes said: sit Is the
nfant John b. Martin and not his guard
ian. Mrs. Isabella Martin, who is the real
party concerned, and | trust that your
Honor will not allow hardship to be sui
fered by the babe in arms, unable to act
for itself, and whose guardian Is, for the
present at least. incompetent. | was en-
gagged by Mrs. Martin TO render legal as
Slstance III this case, and did so until
became assured that l could no longer Go
so with satisfaction TO her and to myself
and with justice To the child.
Mrs. Martin is not in this case. There
Is great difference between a contest by
person in his own right and child un-
able tn voice Its own cause. Is that child
to be robbed of its patrlmODy because Ii
has an incompetent guardian?
There are affidaviss in this case which
no one can venture 20 contradict. No one
can contradict the affidavits of the child S
attorneys. who declare that they believe
his cause 10 be a just one. No one can
contradict the affidavit that Mrs. Martin is
the only witness by whom his cause can
be sustained. The affidavit of her physi-
clan, who declares that she cannot now
stand the ordeal of trial, is uncontradict-
able. Who can volunteer to say that this
child's cause can be successfully urged
without attorneys and without necessary
funds"
1t appears that the trouble which has
caused Mrs. Martins attorneys to desire to
withdraw from the case arose from num-
ber of suits which Mrs. Isabella Martin
wished TO be filed on her behalf. She
wished among other things to sue Henry
Martins widow, ex- Mayor Pond and Ar
thur Rodgers tor conspiracy. claiming that
they had conspired 10 have her arrested in
Trinity County for murder. Under the
circumstances, seeing that Mrs. Martin
will not be governed by their advice. the
attorneys engaged wish TO withdraw from
the rase.