The San Francisco call., 1896-04-16
Counsel in the Martin Case Con.
cur in Closing the Trial
To-Day.
EVIDENCE THAT WAS BARRED.
The Railroad Amends Its Answer as to
Simple Negligence-What a
Boy Thought.

The Martin case will, by mutual under
standing between the counsel-the first
understanding that they have come to in
all the two weeks of the trial-be brought
to close to-day so far as the taking of
testimony is concerned. The case will
then go over until Monday, when the argu-
ments of counsel will be made.
Yesterday the interest wabbled some,
and at no time was superinductive of pal
pltation OF the heart among auditors. AS
many of these crowded the courtroom all
the day as at any time during the trial.
The morning was devoted to medical
testimony. A number of physicians testi-
fed as to locomotor ataxia, the complaint
which the plaintiff was suffering from at
the time he was put off the train, and
which, through the rough handling to
which he was subjected at that time, he
claims to have been aggravated and rem
dered incurable.
A good deal of skirmishing between
counsel was occasioned by the character
of this testimony or the character of that
sought to be secured from the doctors.
General Barnes, for the railroad, inter-
rupted the proceedings to amend his an
swer, charging negligence on the part of
the plalntlH-not contributory, but simple
negligence, in not having properly iden-
titled himself to the conductor when he
might have done so.
Delmas objected. He said it was rather
late iii the proceedings to introduce new
elements. This was a complete shifting
of the attitude of the defense
The defendants" he said, "have an
swered our complaint with ten pages of
type written matter, in which they set up
that the plaintiff was playing game uron
them; that he deliberately planned fraud
and a deception and declared their ability
to prove it. We confronted this without
lear. Now they propose to change base.
They wish to hold that if the plaintiff was
guilty OF negligence he is not entitled to
damages. Hitherto they have admitted if
the company made a mistake they were
| liza able."
The court said it could not see that any
burden was added to the plaintiff by the
move-it was simply taking the view of
the court that negligence should be an
| element in the case.
'ls that the courts view of it?' inquired
| Delmas. "The two propositions are as
widely separated as the shores of the
ocean. Certainly the defendants had no
thought that there was such a possible
view to be taken under the law. They
have taken the suggestion from the court.
''It does not matter where the sugges-
ton came from," said Judge Daingertield.
at was made some time ago, and both
sides had the benefit of it. AS | say, it
adds no new burden on the plaintiff, and
| will allow the offer"
This settled the most strongly disputed
point OF the day.
In the afternoon several ticket-scalpers
were heard. One of them testified that
Martin had visited him and offered to sell
his ticket, or at least asked what would be
| given for it.
A Pinkerton detective named Morrison
! from Sioux City, was called to show that
! the plaintiff was not only III the commits
sion business there, but that he ran" the
/ Bijou Theater, a place where drinks were
| sold and where there were "women box
workers" This line OF inquiry was shut
off under objection.
Then there was a good deal of inquiry
about woman named Rogers, but she was
| not brought definitely into the case, as the
| objections were sustained.
Then a young man named Hathaway
undertook TO explain on the stand that an
! affidavit had been filed by the plaintiff re-
Gently during a real estate transaction de.
claring that he (Martin) was not now and
never had been married, despite the fact
| that he had declared ON the stand that he
was and is married.
Delmas said he was perfectly willing to
meet this evidence if il came properly be-
| fore the court but the memory or hearsay
| Of this boy was not the thing.
General Barnes said certified copy OF
the affidavit was in the mail and on the
way. 1t would arrive tomorrow. 1t was
decided not to admit the testimony. II
the affidavit arrived in time it would be
considered.
All these witnesses were sharply cross
questioned as to how they came to be wit
! nesSes here and the fact was developed that
they were supplied with passes by the
order or William A. Pinkerton of Chicago.
The last-named witness had brought his
wife along on such pass, The detective
had been supplied with funds for his ex-
penses. The others paid their own ex-
! penses, they said.
| To-day the defense will close with the
evidence OF the brakemen on the tram, and
the plaintiff will put in his rebuttal
Body in the Bay.