The San Francisco call., 1896-04-18
DELMAS-BARNES
HEAVY FIRING,
Argument in the Martin
Case Is in Full
Sweep.
AN ALL DAYS TALKING.
The Struggling Crowd Breaks
In the Door of the Court
Room.
THE INTEREST IS INTENSE.
Delmas Pays a Tribute to the Dis.
trict Attorney and the General
Expresses Qualification.

Neither the Martin will case at any time
nor the Durrant case very often drew such
crowd as struggled at the door of Judge
Daingerheld's court yesterday to hear the
arguments of Mr.. Delmas and Mr.
Barnes in the George n. Martin damage
suit against the Southern Pacific Railroad.
Early in the struggle at the door the
glass In the upper panels was broken and
at intervals during the day pieces of it
would go tumbling TO the floor of the hall
in a great clatter. Again and again the
Deputy Sheriffs were compelled to clear
the hallway or eject men whose persist
ence oUtran their discretion in their efforts
TO get forward in the crowd.
The whole day was consumed in the ar
guments of the two lawyers, and at 5
O'Clock, when a juror, fearful of being
kept in the juryroom all night, suggested
an adjournment Mr.. Deimas had only
fairly entered upon his main argument.
Mr.. Delmas' opening consumed about
an hour He ran through the story, touch
ing lighly upon the main points, but, as
General Barnes remarked during the five
minutes recess following, ''saying as little
about the case as possible and reserYing
himself for the finish.''
He described his clients visit to the
State upon business, sick at the time, in
condition where the least shock would be
followed by the most serious illness; of
his being roughly elected from the car at
lumber camp; his return in a freight car
to Sacramento; his journey home, and his
medical treatment in Sioux City and after
wards in Chicago; compelled to sell out
his business and now waiting the dissalu-
tion that will come to him as a BOOM
This condition may not have been
caused, but it has been greatly aggra-
waited, by the circumstances | have de-
scribed," he said. For this you are
asked to award him compensation. The
demand is not for the purpose of punish
ing the defendant-would that it were
He asks that you give him $40, ,00O The
amount seems to have excited the risi-
bility of the defendants. They have
offered to pay him $139. Both parties are
speaking from the extreme limit of self
interest. 1t is for you TO Judge between
them
In the course of his address Mr.. Delmas
criticized the position of General Barnes
upon several points, but took occasion to
pay a compliment to the District Attor-
ney, the generals son.
After a five minutes recess General
Barnes began, saying that whatever of irri-
tation he might have felt in regard to GER
tain reflections of the counsel, it had dis
appeared under the influence of the eulogy
he had passed upon the District Attorney,
"a young man to whom l am related by
marriage" "Mr. Delmas and l do not
often agree, IS you see; but in this regard,
in admiration of this young man, we are
on common footing" said Mr.. barnes
He said another pretty thing or two
about the younger Mr.. Barnes, reverting
casually to the lengthening of his own
shadow, and this little tribute to his son
before jury quite caught the audience.
Then he turned to the case. 1.-The
Southern Pacific Railroad has been de-
scribed as a giant" he said 'If it is a
giant it is giant in rags when it comes
into a courtroom. The average lawyer
leaps forward if he sees the slightest
shadow of a case against the company
leaps forward TO almost a certainty. He
feels that he has the influence of the daily
press behind him to influence public
opinion, filling the air with misrepresenta-
ton Of the cause and of the counsel who
may plead it.
''Now let US look at this case This de-
across the continent. take the best of care
OF him, allow him to stop at any station,
all for six-tenths OF a cent per mile. When
be arrived in San Francisco we find him
in the office of scalper-asking what time
the o'clock train left for Sacramento
From the sullen young man from Ottin-
gers we learned that he offered the ticket
for sale, contrary to his agreement.
tion of how the company loses from the
scalper. He then began to follow the acts
of Martin, as presented in the evidence:
that in his debilitated condition, as por-
trayed by counsel on the other
side, he took a day coach for his
ride TO Sioux City. He was an
old traveller; he knew how to do things.
Martin, he said, had explained that he
took the day coach during the day with
the purpose of taking sleeper at night in
case there was vacant berth-otherwise
he would sit up all night He then went
over the history of the signatures, calling
them caricatures.
HE (Martin) says that the conductor,
Hubbard, treated him we'll, but was not
satisfied with the signature. Martin says
he showed him his watch, matchbox, his
gold-headed cane, all bearing his initials.
The conductor says he showed him none
OF these things. Nobody else saw them
except the carpenter going to Sacramento.
be says he saw gold cane with round
top. The cane Martin presents here is a
crook handle. with an inscription of pre-
sentation from some orange-growing asso-
citation. Now, that is one of the ugly ee-
ments in this case. The fact is he never
had that cane. In all this it looks to me
that this man is. an old-fashioned North
American liar. If that is so l indicate to
you gentleman who is telling the truth"
(pointing to Conductor Hubbard).
The speaker went over the testimony of
NJ artin, of how ne was roughly elected
from the car by conductor and brakeman,
who sat him up against the station-house
and, while they ieered at him, motioned
for the train to 20 on.
He followed with the testimony deny
ing this. The speaker cha racterized the