The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-17
CALL It A LAST RESORT.
Mrs. Isabella j. Martins Big
Damage Suit Considered
Lightly.
Juror Hurley Says He Was Accused
and legged to Confess at
the Same Time.

j
against E. B. Pond, Arthur Rodgers and
May Martin is not occasioning any con-
sternatlon among the defendants. They
announce that the case has no merits. If
it were founded on truth. they claim it
would still be futile.
j. L. Robson, who assisted Arthur
Rodgers in conducting the case of Mrs.
Henry Martin, said last night that he
looked upon the suit as last attempt on
the part of Mrs. Martins attorneys to
interfere with the settlement of the Martin
estate. As he was not an attorney of
record, and only assisted in the case he did
not want to say anything.
''There is absolutely nothing to fear in
this suit" he declared at last. eff there
had been any jury bribing, the most ex-
peditious way of obtaining results would
have been the arresting of the guilty
parties. Besides, if Mrs. Martin knew of
anything OF this sort, it should have been
used as grounds for new trial.
1.-The move is an old one. When law
yers have exhausted every direct attack or
defense they bring q suit in equity. This
is such a one.
cit has nothing to stand on, though.
Even if the charges were true, they could
not, in law, get judgment. But | don't
want you to put it that way" he contin-
ued. This case will not be tried on tech
nicalities, but on its merits alone. There
was no trifing with the jury and the
plaintiff in this suit cannot prove there
was"
Mr.. Robson then said that the suit was
made necessary for Mrs Martins attorney
| by blunder he had made. Mr.. Bates, he
| said, had until ten days after March 9 in
which to file bill of exceptions and de-
mand new trial. This paper, according
| to Mr.. Robson, was not filed till March 20,
| one day too late.
Judge Coffey would not listen to their
| pleas that they might be excused from the
default" continued Mr.. Robson. "As a
result they asked for a writ of mandamus
from the Supreme Court with which to
force Judge Coffey to reopen the case. This
was two or three weeks ago. 1t was not
granted.
''Since they could not reopen the old
| case their only hope in delaying the settle
ment of the estate was to begin new one.
| Sometimes, you know, it is worth hun
dreds and even thousands of dollars to be
able to facilitate the settling of an estate.
| Then, rather than endure delay, the inter
ested parties will consent to an expensive
| compromise.
But there is no hurry in this case. We
will not pay even $50 for a compromise.
Mrs. Martin will find that in the end she
| will have only the trouble for her pains"
Detective A. E. Lucas. who was en-
ployed by Mrs. Isabella Martin to inVesti-
gate the matter of the alleged fixing OF the
Jury, was not ready to believe that the en-
tire ten men who voted against his former
clients boy were bought. He says he is
sure, however, that money was used with
some of them.
II don't want to talk about the case, as
| am no longer connected with it" he said.
''You see, Mrs. Martin suggested that
4
was of that opinion myself, for | believe
| that second will was not forgery. Then
| Mrs Martin wanted me to look up evil
| dence.
Il told her I would do SO on one con-
dition. She must allow me to manage the
case myself. She agreed very readily. But
/ soon found that she wanted to do the or
dering, and she SO interfered with my
| plans that I save up the work"
incidentally, Mr.. Lucas remarked that
| he had received no money yet for his SER
vices. He said, too, he had discovered
some material evidence that would go far
toward proving the jury to have been tam
pered with. What this was he was not
| willing to tell, although he said there were
| eight witnesses.
Il was surprised when saw that suit
had been commenced, he said, 81 think ii
very unwise, as Mrs. Martin needs more
| witnesses and since the disclosure of her
| plans is premature it may cause her de-
| feat
]. T. Hurley keeps a grocery-store on
| Hayes and Buchanan streets. He protests
| that the suit is the result of the yagaries
! of half-insane woman.
81 have been expecting this" he said,
| lever since [ had the honor of q visit
| from Mrs. Martin about week ago. She
| came in with her lawyer, Mr.. Bates. She
introduced him to me. Then she must
have seen by my face that 1 had forgotten
| her, for she told me who she was.
| ''Then she started in with a wild TRADE
| in which she declared that all the Dutch
| men on the jury had been bribed.
See here she said to- me, we know
| that whole business now, and we want you
to tell who got that money.
What DO you mean?' l asked.
'oh, you know" she cried. THE
money you got for your work on that jury.
your
Why, certainly not I answered.
"She turned to Mr.. Bates and said
| There, / told you" Then l said:
OF course | received money; I got my
fees
"Then she got mad again. She said she
knew money had been used by Mayor
| POND. Mr.. Bates said that they had posi-.
tive evidence that four jurym en- had been
bribed.
"sWe've evidence against the ten Of
| them,' Mrs. Martin cried. You know
you received money, together with the
other Dutchmen, and [ am going to send
you all over to San Quentin, where you
belong
".You are mistaken, Mrs. Martin ]
j said 'sYou see, he added, my shop was
full of customers, so l couldn't very vel
put her out. Then | told her that I defed
her and her lawyer or any of her hired
witnesses to swear that I received money
or knew any man on that jury to have re
ceived bribe.
This made her more violent, and she
talked wild about my being in the As
SCISSORS Office while Pond was Mayor.
told her it was not Pond but Badlam who
was Mayor at that time, but she went ava,
talking about arrests and State prisons anc
bribery till she was out of hearing
Mr.. Hurley said he was not disturbed b,
the suit. He was certain nothing could b,
! proven, and protested that if any of thu
jurors had been reached it had been don,
without his knowledge.
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