The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-10
PAPERS TURN UP.
More Mystery in the Big
Will Contest.
THE WEIRD HAND OF MAGIC
Dispositions That Vanished and
Were Found Again.
GROVE JOHNs0N's CASE CLOSED
Judge Coffey Refuses to Permit
Court Fees to interrupt the
Progress of the Trial.
GROVE JOHNsoN'S CASE CLOSED


IN the search is that the subtle hand of
magic has been at WORK.
From the day on which the first and
original will Of the late Henry Martin of
Brown Bear mine fame so mysteriously
vanished from among the papers oAthe es-
tate in the County Clerks office, the
trouble which has eliminated in the pres
ent bitterly fought suit has been tUaught
with mystery. Consequently. it was in &C
cordance with the eternal fitness of things
that at the proper time. when they were
most required, some documents, deemed
of vast importance TO the side represented
by Mrs. John 3. Martin, guardian ad
litem to the golden-curled. thTee-year-Old
propoDent of a second will, yclept John
B. Martin Jr., should as miracnlously dis
appear
They were the dispositions of the par
ties in New York and one person in Paris,
France, whose testimony was required for
the purpose of showing that the diminu-
tive person known as John b. Martin Jr.
was really the genuine offspring of his re-
puted mother, the Mrs. John B. Martin in
question. That fact has been disputed by
the hearSay testimony of several witnesses
called on behalf of Mrs. Henry Martin.
the miners widow, who claims the whole
of the estate under a first will.
These documents disappeared stimuli
tane0usly with the removal OF the pro-
ceedings in the trial from Department II to
Department OF the Superior Court.
Judge Coffey migrated and the papers in
question followed his example, for they
were found wanting. But, even as the
original will, which left its place on July
6. 1898, was found lying on a chair in the
County Clerks Office one deTk, bleak day
in November last, so these missing docu-
in ba
nick Of time, lying deserted in a drawer
belonging to the clerk of another court.
This was about the only sensation that
Grove L. johnson had to present yesteT-
day to his numerous admirers. The rest
Of the proceedings were dull to the utmost
extent. 1t appeared as though the willy
Sacramento lawyer had a waiting game to
play. He did not wish to call any wit
nesSes, and his accuracy in noting the time
tor the various adjournments OF court was
nothing short of remarkable. Instead of
closing his case as was very generally an
tIcipaied yesterday it will be a close call
even if be succeeds in leaving the case in
the hands OF the other side by the close OF
this afternoons session.
All interested parties and spectators of
the famous trial are on tenterhOOks upon
one proposition. They all wish to see
Mrs John 3. Martin on the witness-stand.
and TO hear her testimony. Nothing else
that the courtroom is besieged from day
to day, mostly by the fair sex. But II re-
ports recently circulated speak truly there
VIII be no such exhibition. AS matters
stand now it is extremely doubtful that
Mrs, John Martin will be called upon TO
testify. She is said TO be in bad health at
present anG, knowing her nervous and
excitable disposition Grove johnson may
deem 1t best TO rest his case without the
aid Of what his clients mother and guar
dian may have to tell
The cause of all the trouble, the little
innocent baby known as John B. Martin,
dragged his nurse into court yesterday for
the first time this week. He was in high
spirits and made the corridors Of the
gloomy building known as the new City
Hall re-echo with his peals of joyous
laughter. He has, of course, no cOncep-
ton of what is going on In the grim court
room, but suppOses 1t is some play or
other: consequently 1t is charming TO
observe his utter lack of Partially in the
-nresentatIon of his friendly addresses.
Fx- Mayor Pond, albeit administrator of
the Henry Martin estate and confidential
friend of the child's legal enemy, Mrs.
Henry Martin, is selected by this pretty
child as a frst-class plaything and is per-
sjstently challenged to playful combat by
rhe same. Even the austere Mr.. Delmas
has fallen a partial victim to the little
chan's wiIes and so far unbends from time
To time as TO accord him chubby fore
finger to play with.
When the proceedings were resumed
Yesterday Grove Johnson requested per-
mission to recall ex-senator Clay W. Tay-
IOr. The request being granted by the
other side, the ex-senator took the stand
and was questioned for a while concern
ing his attOrneyshp Of the John Martin
estate.
HAD you any conversation with Henry
Martin on the subject?"
yves. l met Renry at Redding shortly
after John Martins death. l told him
that Mrs. Martin had ASKED me to act as
her counsel in settling up affairs, and
asked Henry Martin if he had any obJec-
tions to my accepting the trust. Henry
replied No. and said that ne mad no claim
whatever against the estate.
"Whv should You ask Henry Martin If
he had anv objections? asked Mr.. Delmas
in cross-eXamlnation.
'tSimDlv because our relations were OF
the most pleasant description ana
wished them to remain so, was the an
50 had heard of some possible conflict of
interests between John Martins estate and
Henry Martin"
What rumors were these"
81 had heard that John Martin advanced
the money to Henry Martin for the pur-
chase of the Brown Bear NINE
Did YOU hear any rumOfS bndI CouceIHeu
Mrs. John Martin and the boy Z?
None at that time"
you say Henry Martin SAID ne had no
claim against the estateP
Yes"
Ibid you ever talk to Henry Martin
about Mrs. John Martin ?"
Nothing more was said OF her at the
time l have stated. but later on, after Mrs.
John Martin had been appointed admins
tratrlX Of her husbands estate and had
ll,eu her bond, l conversed with Henry
haTtln at the Palace Hotel"
Ourlng that conversation you had with
hehIy NlaIun at Redding did you ask him
anything about Mrs. John Martin ?"
30 Tar as L can recollect did not"
Expert E'senschimel was then recalled.
presumably Tor further cross-examination
az me hahuS OF Mt. Delmas. But 10 the as
tonlsnMen' Oh Judge, jury, spectators and
c0uns ou the oIher side, who expected
that the expert would suffer such tortnre
as never before was administerad - ~, eote
tai man. Mr.. Delmas calmly annornoad |
that he had no further questions tn ast
Completely taken aback, GTowa
johnson, in redirect examination w, -; |
to introduce an exhibit already eho %an'eu
and identified by the witness. II w"s 10
of the ever-recurring Dear Bella" Ia3, one
Delmas pointed out the error and FUs ::
Eisenschimel lett the stand with si@h at
relief. Sn VI
1t was noticed that Grove johnson mo.
not IN hurry. lie occupied as mncS
time as ne could doing nothing. and fnaIIn
addressed the court. He said he a"a an.
taken Dy surprise by the failure of Mr.,