The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-09-22


had been unconscious for two weeks and
was practically dead. Why then, under
the circumstances, should he make a will
| leaving for his wife a provision she never
| could enjoy?
"And remember that if she died the
| provision made for her by this will was a
| hollow mOckery. And if she lived how
could Henry Martin have faced her, telling
her that on the threshold of her grave lie
had done this shameful set. robbing her
and her relatives OF their due?
'1magine both of these people surviv-
ing. Imagine both restored to health. Im-
agne her learning that her husband had
made such Will thiSi With what
! bitter repTOach. with what sorrow wOul /
| this woman have said: How did you come
10 make this will? And how did you come
| to forget your promise to me, and when
you thought l was dying execute such a
document as thisp
"aenry Martin was a calm, business
like man. And TO think that he should
have done this act made such DISPOSE
| ton OF his properly, aud that left TO him
! Dy bis wife, ignoring her relatives alto
gether, Is altogether in2onceivable. You
cannot believe his story true.
But that a forger would make such
| will is highly probable. That he would
give third 10 the wife might readily be
imagined, for reasons | shall explain by
and by"
Mr.. Delmas laid great stress on this
question of motive. he spoke at length
on The question OF gratitude as evinced bv
Henry Martin toward his elder brother.
John. He told how that Grove johnson
had painted this gratitude in glowing COL
orS, and assigned this as his chief reason
for declaring the second will reasona tie
and genuine.
gentlemen. let me esta blish once and
for all the relations that existed between
Henry and JOnn Martin. They were both
New England boys. John had come here
in 1852 and had settled in the State By
accumulated fortune Of,$75,000 or $50, 600.
Some fifteen years before Henry Martin
came t. the coast and joined his brother
and there the two brothers lived side by
side In perfect peace ana harmony, trust
| ing and loving each other until the dis
turber came in the shape of the prop0nent
OF this will. But of that anon" said Del
maS significantly.
At this point Mrs. John Martin irritated
the speaker by some remarks delivered in
an audible tone. Delmas pulled up at
once and turning to Judge Coffey said,
May it please your HonOl, l do not want
10 be Interrupted" Judge Coffey rose to
the occasion and informed the audience
that any offender would suffer dire penal
ties for any i'll conduct. ''Who is the Of
fender Mr.. Delmas? ?" asked the Judge.
Il do not care to be more specific" was
resumed his argument
lie told the story Of the purchase of the
Brown Bear mine. All this brotherly
gratitude might have foundation. john
might have advanced-there was no evil
dence on the poinr-the $4,000 which his
brother required, to purchase the means
II working his mine, but II might have
been only sum be was entitled to for
long services rendered to his brother.
That sum had long since been paid. and
when Henry Martin by careful toll and
some good luck amaSsed a small fortune,
and went to San Francisco TO enjoy il his
brother and he kept up the same loving
relations until John mysteTi0uSly died al
Weaverv lie IN 1892.
This love that Henry bore TO his
brother, the gratitude mentioned IN the
will, and descanIed upon by counsel, were
the motives ascribed by the foTger of this
will to its autnor." But these motives
counsel claimed had been completely DIS
proved in This case.
Henry Martin was as thoroughly con-
vlnced that this was not MS brothers
child, that this was not his brothers. wife's
that the bright sun from heaven shines
upon this city at'thiS moment
"He knew that this spurious importa-
ton into the Martin family never sprung
from the Ioins IF John Martin nor the
womb of Mrs. Isabella j. Martin"
John Martin TO show that the subject of
tie child was discussed at the mine. Mar
tin spoke to his partner on the subject
telling him that Mrs. John had gone t.
New York to have a paby. Henry Martin
did not believe she was going 10 have one
any more than he was. And he spoke TO
al. his friends in the same tone.
To Mr.. Pond Henry said after his return
from Alaska tlat be did not think Mrs.
j hn had any child. He gave his asons.
be knew great deal about his br other
and the woman he married, and his rea-
sons were sufficient.
To Senator John McMurrsy. who had
known John Martin in 1852 aud Henry
ever since his arriva, Martin said he was
satisfied this was not Johns chilli, nor his
wife's child. He said he thought ii was
another Ray Hamilton case. Delmas spoke
of this case with marked emphasis. lie
told Of the woman ot worthless character
who had succeeded IN making herself the
wife of the great Alexander Hamilton.
And this worthless person, in order TO
Dgratiate herself with her husband. pro-
cured a child from somewhere and made
believe 10 have given nth TO it. "This,
gentlemen, is a device not infreuuent with
women Of such description"
At this point Attorney Phillips was OBJ
served to rise to his teet once more and
object to Mr.. Delmas' line of argument.
He said that it had been decided that the
maternity Of d child cnuld only be DISPUTED
hY legitimate descendants. However,
Phillips was again bowled out by young
Linfortb, who said 10 the court: Il do
n OF rely upon any such objection" Phil
lips was indi grant, but WIS made TO SUBJ
side by the Judge, and Delmas. with
word Of cOndescension, proceeded W tn his
argument.
To United States District Attorney Gar
ter NJ artin made the same statement He
said he believed the chill had been pro.
cured from some founding asylum in the
East.
To Horace r. Gribbon of WeavervIle
Martin said be thought the child had been
procured in New York.
To II. W. Leonard Martin had said he
did not believe in the paternity or mater
nifty of the child so far as John and Isa bella
| Martin were concerned. He thought that
ii necessary proof OF this could he o.
| talued from New York.
To Mr.. Preston Wood, who has come in
for a large share of the viuperaiion of
counsel on the other side, Martin said the
same thing.
To E. |. Benjamin Martin had uttered
| similar opinions, as also TO T. w. Clement.
Finally TO Henry l.. Hutchinson, the
| friend who was by his bedside when he
died, who held the dying mans hand in
| MS. Martin had said in answer to Ques-
! ton from Hutchinson as to whether or
| called that, but she went East and brought
back the child for the simple purpose of
deeeiying old John Martin"
This testimony Delmas claimed was
overwhelming. 1t was not pretended that
| H.. a