The morning call., 1894-07-27
OTHER SIDE OF THE CASE.
Grove johnson Makes Brilliant
Statement to the Jury.
HOW MRS. TIBBETs TESTIFIED.
Henry Martin Called Every Day,
and Rugged His Sister-in-Law
in Her Presence.

which Henry Martin extracted from the
Brown Bear mine has now reached boiling
point. 1t is now the turn of Mrs. John B.
Martin to show that her three-year-old
child. pompously styled John B. Martin
Jr., is entitled 10 a one-tbird share OF that
estate through a second will which dld Dot
= come to light un i'll many months after the
: old miners death.
:. 1t came rs a surprise to all-dld the
: abrupt closing of the contestants case.
Grove johnson, who has seemingly not
enjoyed q single days good health since
2: he struck the merry coast OF the Paclnc'
lolled back in his chair for several days
apparently enjoying to the full the mani
" fest endeavors of a regular procession OF
witnesses to blight the interests OF his
client. At last, on Wednesday afternoon,
: ths great Sacramento lawyer was informed
that he might at any moment be expected
to show his hand. TO detail the outlines OF
the story which he expects to prove true
in his tiny clients behalf, in addition to
the refutaton of the string of damaging
testimony dug up by the other side.
" Witnesses Tor Mrs. Henry Martin, the
widow, were glib enough in their testi-
mony. They all had something to say
about the expressions of hatred toward his
sister-in-law and infant nephew which
Henry Martin is supposed to have in
. dulged in from time to time. In fact, to
the ordinary onlooker it was difficult to
imagine how any view could be taken of
: the case save that the so-called second
will was forgery and the helpless infant
child of the elder brother shall be COM
PEELED to enter this busy, cherries world
friendless, penniless and nameless.
But there are two sides to every story,
and after johnson had finished his state
ment of what he expected to prove on be-
half of the little infant boy" those who
had followed the intricaces of the case
from the start saw that one of the greatest
legal battles known in the history of San
Francisco was being waged with bitter
spirit on either side, and that on the shout
ders of the jury rested a responsibility far
from light
Grove johnson made brilliant speech
Yesterday. He seemed to take up point
after point with remarkable rapidity as
well as lucidity. He is an impressive
speaker and knows we'll how to work up
TO a climax. When. at the finish of his
opening statement, he spread his hands
out to the jury with an earnest appeal for
Justice on behalf Of the innocent child he
represented he sent home to the hearts Of
his hearers conviction that one at least
in that mixed assemblage was sincere in
the expression of his feeling.
Judge Coffey's courtroom was crowded.
Everybody was present. and the expected
opening of the proponents case lent zeal
to the proceedings.
As soon as court convened Mr.. Rodgers
proceeded to bring his side of the case to a
speedy conclusion. One of his law clerks,
W. Rodgers, testified to having served the
proponents counsel with certain papers
connected with the deposition of A. ?.
Williams, and ex-Mayor E. B. Pond was
recalled TO bear witness that Senator Will
liams was out of the State.
Frank Melton, Henry Martins old part
ner from Placeryille, was then called to
the stand. He said he had been a mining
man for several years, and for seven or
eight years was the partner of Henry Mar
tin in the Brown Bear mine.
"Will you tell US what you remember
Henry Martin having told you with re-
gard to the paternity of this child of Mrs.
John'sP"
L
that Johns wife had gone to New York to
give birth to baby. He said he didn't
think she was going to have baby any
more than he was" Laughter in COURT
ibid you have many letters from Henry
Martin ?" asked Grove johnson in Cross
examination.
Eyes, of course"
''And you wrote him many, acting upon
the business matters mentioned in his let
ters?"
YES"
That's ALL"
j. P. Donovan, the photographers as
sistant, who had prepared the bromide en-
'largements of the signatures 70 both wills,
produced some similar reproductions of
the signature Henry" to the dear
Belle" letter of October 8, 1892 He had
received the negative from Stewart Mer-
rill, the witness who previously testified
to having prepared the negatives OF the
two wills. MerriIPs boy brought the mega
tive to him.
Stewart Merrill, the photographer re-
ferred to, proved the negative in question.
it was that of the Dear Belle" letter,
dated October 8. 1892.
when did you see this particular mega
tive p" asked Grove Johnson in cross-ex-
animation.
1T was at Mr.. Rodgers Office. Attorney
James L. Robinson was there. and think
Nj Rodgers stepped in for moment"
Was the clerk of the court, Mr.. Murphy,
there?"
Yes. he stepped in"
You had the doors lockedY
Il don't remember"
Let me see," unused johnson. "You
made the negative of that second will.
didn't you?''
Yes. Twice."
What became of the first negative?"
Il think it was rubbed out"
Now, didn't you say to Mrs. John Mar
tin and myself that there was only one
negative, and you gave that TO Mr.. George
E. Williams?"
II may have said So"
'And didn't l say to Won. how dia the
other side procure printed copies of that
negative when there was only the one.
and that had been returned?"
81 meant to say there was only the one
good negative. The first was Indifferent
so l made another"
Then why did you tell Mrs. John Mar
tin that there was only one, and you qava
it to Judge Williams? You left ont the
word good you know, didn't your"
II don't know"
IL.