The herald., 1897-06-02


he appealed to the court, but Judge
Smith was obdurate.
Then the defense settled down to busi-
ness.
THE CASE FOR THE DEFENSE
| ]. c. Coney. train dispatcher with the
Southern California railroad. was put
upon the stand and testified to knowing
Mrs. Martin at 706 Philadelphia street.
Her reputation for truth, honesty and
| integrity was very bad.
On cross-examination witness stated
| that he had known of her residing there
for three and one-half years. He con-
ceded that the woman had caused him
a great deal of trouble. and her family
had his little daughter arrested the other
day.
well, you haven't any love for her,
have your"
II don't think any one does like her
that knows her"
Witness didn't know what reputation
Mrs. Martin had on West Eighth street.
for he didn't know that she lived there,
or had removed from Philadelphia
street. Being challenged to name some
people whom he had heard speak in a
derogatory manner of Mrs Martin, the
witness named DR.. Young of North Hill
street Mrs. Dwyer of Alpine street,
and then failed to remember others who
had tied themselves down strictly to
Mrs. Martins veracity.
Lucien Earle, an attorney practicing
at the Los Angeles bar, testified to
knowing Mrs. Martin by sight as a
resident on Philadelphia street, but was
estopped from telling what he knew
about her by the objections of the dis &.
trict attorney.
The same fate befell R. Garrett, and
then John Lotspeich, a chemist and
druggist, took the stand. He wouldn'.
swear to Mrs. Madeline Martins iden-
tity, as she has passed by several names
Her reputation in the neighborhood, he
said, is bad, and it would be difficult to
find any one with a worse reputation.
He had lived in the neighborhood three
and one-half years. and knew all the
members of the family by sight. He
didn't know if she lived now on West
Eighth street, but yesterday morning
he saw her on Philadelphia street.
AS it developed on the cross-exam-
ination that witness was speaking to
general reputation for truth and verac-
ity, his answer was stricken out.
A "H'ALIBI" FOR ALICE HORTON
Mrs. Martin was dropped and sew
eral witnesses were called to inval-
idate the testimony of Miss Alice Hor-
ton. With this young lady's testimony
out of the way the testimony of Drs.
Bryant and MacGowan, sustained as it
is by the medical authorities, not to
mention any expert testimony the de-
fense may introduce later. would in all
probability be accepted by the jury
These gentlemen laid it down as SCI
entific axiom that if a person dies from
criminal operation the spleen of ne
cessity must be affected. The medical
experts put forward by the prosecution
showed that the spleen of Lillian Hat
terry was clean and normal. But Miss
Horton testified that she saw the foetus
on Monday, February 1st, and if that
statement stands the jury are very apt
to think that the doctors at the autopsy
did not see all there was to see, SO far
as Lillian Hattery's spleen was concern
ed, at all events.
In order to straighten the matter out
or entangle the matter worse than ever
according to the standpoint of medical
vision, a number of witnesses were put
forward to prove an "alibi' for Miss
Horton, on that memorable Monday
when she testified that she was with
Lillian Hattery.
Miss Luella Coleman, a local dress
maker, tstified to having known the de-
fendant for six and one-half years, AMI
had met Lillian Hattery. She met her
on Monday, February 1st, between and
2 o'clock, in the doctors office for the
first time Part Of the time she was
reading and part walking about. She
took a key down and was gone from the
room for about five minutes. DR..
Hastings and Mrs. Weaver were in the
room and a young lady came in before
witness left at about o'clock On the
following Friday morning witness went
to the doctors office to see about some
work and was there about twenty min
utes. Alice Horton was called into the
office for witness to take her measure.
II returned in the afternoon and saw
Miss Horton lying on lounge in one of
the rooms. I remained long enough TO
try her dress on, and left about 4
o'clock.
Miss Ericsson was the next witness,
and testified to having known OR
Hastings for about a year. II was at
his office at about 2:45 in the afternoon
of Monday, February 1st, and saw
Lillian Hattery there on that afternoon.
(Witness identified the photograph OF
Lillian Hattery as being that of the girl
she saw in the defendants establish
ment.) She sat reading a novel and got
up and was out of the room for a few
minutes and returned before left
On cross-examination witness testi-
fled to fixing the date as Monday Feb
ruary 1st, because she had made ar
rangements to leave the city on Febru-
ary Sth, just a week later; and also that
she had expected letters from her home
and they were to come to the doctors
office. She fixed the hour at a quarter
before 3 o'clock because she looked at
her watch and about that time was the
only time she could get out Witness
said she was at the doctors establish
ment when defendant was arrested, and
had a general conversation with the
arresting officers, but did not have any
recollection of telling them that she had
not seen Lillian Hattery
A FRIEND OF THE DOCTORS
Miss N ]. Hammond, resident for
twenty-five years in the city, owner of
the Hammond block, stated that on
February 1st she had an engagement
with the doctor at o'clock. She fixed
the day because it was rent day. She