The morning call., 1894-07-31

the witness. Then she suddenly remem-
bered that she took some medicine for Mr..
johnson, at Mrs. Martins request, and
that she went mp TO 2215 Van Ness avenue
to get it. She went there at 10 o'clock at
night. At midnight she called at the
| Pleasanton with the physic
"Dd you see Mr.. johnson when you
called"
"No; did not. He was not there"
What did you say to Mrs. Martin about
| your baby %
Nothing at all. We talked about the
baby and other things"
"You didn't even mention your testi-
monv Z"
81 don't remember"
Now you testified on the stand that the
document shown to you as the second will
was the Identical paper that you read over
Mrs. Martins shoulder, word for word.
Can you recite any part of this will ?"
"Oh, yes" replied the witness conf
IDENTIFY. "He left one-third to his widow,
one-third to Mrs. John Martins child, and
the rest to his brothers and sisters"
Eyes, yes" testify exclaimed Delmas.
"But you swore to this. word tor word.
Now. there is the blackboard. Take a
piece of chalk and write the will of Henry
Martin"
WHATS that?" gasped the witness.
Cant you write? ?"
yes, of course can." was the indig-
nant reply.
'Wel. do as I tell you. Write out
Henry Martins will"
NO, no." was the prim reply, 'I'd
rather not do that. But I'll write you my
name," with sudden burst of generous
impulse.
Delmas strove to be calm. 81 don't
want your name. Please write out the
will"
But the old lady was adamant. 81 shall
not write the WILL" she said, ''but shall
despite the protestatonS of counsel and
the Judge himself. Mrs. Tibbets turned to
the backb board, and after vigorous effort
the letters 81. Jennie Tibbets," appeared
traced thereon. Having achieved this lit
crazy triumph the heroine of the hour
turned upon the vast assemblage and
beamed with self-satished smile.
Finally Judge Coffey took her in hand
Mrs. Tibbstts," be said. (which am [
to understand. that you cannot write out
this will or that you will not?"
"I don't care to, was the firm reply
81 will at home, but not here. | don't
write well enough"
Mr.. Delmas tried once more. "You
mean you cannot?" he suggested.
The witness gave in. That's it, | sup
pose. / cannot" she said com mplacently.
satisfied.
1t was at this point that Mr.. Delmas
sprung his mine upon she witness. With
out word of warning he took I'D docu-
ment contained in glass frame, and hand
ing it to Mrs. Tibbetts asked her if that
was the second will.
The witness glanced at it. ''Yes. that
reads Just like it, word for word" she
said confidently.
Delmas looked so supremelv bannv at
this reply that counsel on the opposite
side began to smell rat LET us look at
that document" asked johnson and
Thornton Demas complied, of course.
The two attorneys bent their heads over
it. "Why," said Thornton at length.
what device is this? This is another
document. This is neither of the two
Wills This document not of record in
this case. This is an unfair device prac-
ticed on woman"
Mr.. Delmas stood patiently waiting.
II think there is no question or answer
before the court" he suggested And
there was a scene at once. Crit Thornton
roared aud declared that never in the
whole course of bis professional career
bad such q scheme for confusing a wit
ness been resorted TO. Unprofessfona
conduct was hardly the Dame for il. Under
all rules of court etiquette and procedure
new paper or exhibit must be handed to
the opposing counsel for examina ion
before Its introduction in evidence. This
document was not of record. 1t was not
identical with the second will.
"Of course it is not, asserted Delmas
eoolly. ''It does not purport to be. But /
claim that this is perfectly proper pro-
ceediDg."
Grove.L johnson then vigorously ob-
iected to the introduction of the exhibit.