The San Francisco call., 1908-05-09
ATTORNEYS CLASH
IN MARTIN CASE
Baby Jofn,' Ashamed to Admit
His ignorance of Word,
Is Confused

OAKLAND, May s.-"Baby John"
Martin star witness against Mrs Isa-
bella j. Martin In the Ogden dynamit-
ing case. clashed in cross examination
with Attorney A. l. Frick for the de-
fense today because he was too proud
few days ago to ask. while under di-
rect examination, the meaning or
word. He had been asked by Deputy
District Attorney Donohue whether
Mrs. Martin talked TO him frequently
of Judge Ogden. and replied: No. not
very much"
Today Frick ascertained in the rapid
fire of cross questioning that Baby
John" in his peculiar education, had
not learned the word frequently" and
the trouble began then. In the course
of the argument. John told Frick that
the attorney for the defense was mixed
up on his dates. and Frick appealed to
Judge Smith to ,have the witness
stopped from instructing counsel.
SHUTS woMAN's MOUTH
Before the queries about the mys-
terious word were closed in the stenog-
rapher's notes, Frick had brought on
another wordy clash, IN which he and
|, Donohue battled over the fairness OF
a question. Mrs Martin then tried TO
make explanations TO Frick. and her
only notice from her lawyer were re-
peated mutterings for her to shut up
Frick was drawing Baby John" on
In his testimony as to Che hole cut in
the floor into the basement of the
house at Twenty-first and West streets
1t was in that hole that the dynamite
bomb meant for Judge Samuels was
hidden once. John testified that it was
made In 1907. Then Frick broke in:
Are you absolutely positive that II
was cut before the first day of JAM
uary. 1862"
MIxUP IN DATES
Baby John" was. puzzled by the
query. He said: II guess you are
mixed in your dates"
! Young man. replied Frick haughti-
| ly. II am not mixed in my dates. You
/ will answer my question"
Then followed a discussion in which
John frankly admitted he did no
know what the question might mean.
IF this witness" shouted Frick
has not sufficient intelligence to un-
derstand this question, he has no
/ sufficient intelligence TO be witness
The question was read half dozer
times. and Frick. Donohue and Judg.
Smith, talked. Then Donohue. in re
plying to a statement of Frick, said
The witness has testified that th'
hole was cut in 1907, after they re
turned from Weaverville. and Attorney
Frick. knowing this, asked if John wa.
absolutely positive the hole was made
/ prior to January /, 1905. If that is
4 fair question. we submit"
WOULD CONFUSE BOY
II have right to ask that question
and a purpose which I will not dis
close. And 1 submit to the court thai
/ this witness should not be allowed I,
! instruct counsel if John gets con
| fused"
''Oh. IL that is your purpose. to con
fuse the witness" said Donohue, 'ft i
manifestly an unfair question
When you get through" shoute,
Frick to Donohue. II Will address tn
4 court And IL you say that l said
would confuse the witness. you ar
| telling an untruth.'
Judge Smith finally succeeded Il
calming the attorneys and having tn
examination proceed. 1t was con
tinued until Monday. John has bee
on the stand for five days. In thre
of them he has been under the dril
of cross examination. He is said to b
the cleverest witness in a big case tina
ever appeared In the. police court.