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

statement brought forth reply from
johnson to the effect that this ought TO be
compliment, as placing his judgment
above those Supreme Court authorities
which he had quoted in his first speech.
| Then Delmas came out with an author
Hy, the opinion Of Justice Thornton, in
the case of The People vs.. De Witt, Call
fornia decision.s But he got most unmer-
cifully called down by the Sacramento
lawyer, who, showed up Mr.. Delmas as
having quoted from dissenting opinion,
the majority of Supreme Court Justlcesoin
that very case having ruled the other way
In the end The objection TO the form OF the
question was sustained.
Mrs. John Martin being recalled to the
stand, stopped on the way and in the
calmest manner imaginable gazed down
upon the documents from which Arthur
Rodgers gained inspiration. When she
had resumed her seat she was asked :
"Were you ever examined before John b.
Sherrard, a commissioner OF this court?"
Eyes, when J. was very ILL.," was the
reply, before Thornton had time to get in
an objection. The form of the ques ton
was changed. DO Won remember General
Barnes. George E. Williams, William Craig.
Arthur Rodgers, John B. Sherrard and
Stenogrspher Stevens coming to you and
asking you questions concerning this
case?" was asked.
Mrs. Martin asked that the question be
repeated, and not understanding it very
well when read from Mr.. Summers notes
the stenographer asked: Does the lady
object to me p
mo. no." said Rodgers. Then he re-
peateG the question.
"You were present when they took my
deposition" was the sole answer vouch-
safed.
"At that time were you asked and did
you answer that this boy was born be-
tween the hours Of 9 and IL In the morn
ing?"
johnson and Thornton ran a dead heat
on all objection to this question They
both raised a simultaneous roar, in the
midst of which Mrs. Martin was heard to
address now the Judge. now counsel.
Finally Thornton said in his most bitter
tone, Mrs. Martin, will you please permit
US TO manage your case Tor you, II you
deem US c0mpetent| Mrs. Martin then
Telapsed into silence.
Then there was some more legal argu-
ment, ended by the Judge deciding that
the deposition must be properly presented
and iden tilted before any more questions
Of such an iEpeaching nature could be
asked.
Then Mrs Martin was made to tell who
had bought her baby clothes, when they
were bought, etc. She further stated that
she received no visits at that time either
from her daughter or from her sisters.
She resided in San Francisco from Novem-
Der IS. 1890, 10 March. 1891, when she went
to New York. From May /, 1890. to No
vember %. 1890. she was with her usband
in Trinity County. THE only time / was
absent" she said, "was from August Is to
%. when j went to San Francisco and
stayed at The Palace Hotel"
Then Arthur Rodgers put an awkward
question. when did you eoDceive?"
Mrs. Martin flew into a passion at once.
accused Rodgers of having prosecuted her
| for two years, and fatty declined TO
answer the question. The court urged her
| to answer. but she would not. Finally
was unable to answer the question. Dur
| ing all this Grove johnson and Arthur
| Rodgers fought like tigers, the latter show
ing signs of latent fire not suspected In
one apparently so polite and mild.
Rodgers even went so far as to ask the
| witness whether or not she knew she, was
| with child prior TO May 3, 1891. Johnson
raised an uproar. claiming that the Qqes.
| ton was insulting.
II claim it is not insulting" returned
Rodgers. This witness has put before
this court claims which show that she can
not be insulteG."
Here was chance for another uproal
and johnson took full adyan tage of it
| Finally the Judge interfered and Rodger:
| took back his remark. Mrs. John Martin
sat silently gazing at he1 enemy, but i
glances could kill the trial would now bt
stopped to permit the jury to attend TIT
funeral of Rodgers.
Mrs. Martin said that Henry Martin wa
groomsman at Ter wedding and that the
relations were friendly down to April 19
1889. when they quarreled. But they wert
never enemies, for they held some CONVEX
salons during the next two years. Ont
was in San Francisco, when they met OIL
the street, and the next was 1889, wheI
Henry Martin followed the witness Eas
on her visit 10 Elmira, n. \. He called
10 see her there.
when did you next see him?"
I'm San Fran cisco, in 1890. near TIT
Palace Hotel. lie was just starting fol
Los Angeles to get married. l don't know
when l next saw him, though he called or
me two or three times when l was in tht
city during the month of August. $780,"
when did you see Henry Martin aftel
August, 1902"
81 don't remember"
Mrs. Martin Indignantly denied that or
August p, 1890, she left Weaverville or
stagecOach TO go to the Tower House
Asked If she knew Mrs. Morris of The
New York Hotel. Wesvervilie, she said
Very we'll, to my sorrow; but it was no
true that she saw her on the evening o.
August %. 1890, or that she said, Il can
not live any longer with John, and In
going to leave him to- morrow morning."
After few more questions on he same
subject Arthur Rodgers again placed the
Crawford letters before her and asked
Ibid YOU receive fIOm or write TO Henry
Martin any letters during 1890 and 1891 p
II don't remember"
when did you meet him after August
4. 1922"
"At the END of August, on the street.
and at my home on Van Ness avenue.
Only once or twice."
Did he lunch with you October 16 oil
90 1922"
mo. sir; he was at the Brown Bear
mine."