The sun., 1909-05-26
MRS. MARTIN FOUND GUILTY
CONVICTED IN DIVORCE CASE
AFTER LAWYER WITHDREW.
Four OF Seven Allegations Proved-Law.
yer Got Out Because Delay Was Not
Permit ed-Few Testify--Defendan
May Reopen the lndefended Case.

yer Got Out Because Delay Was Not
Permitted-Few Testify-Defendant
May Reopen the lndefended Case.
The Martin divorce suit took an unex-
pected turn in the Supreme Court in Brook
lyn yesterday when j. Arthur Hilton,
counsel for Mrs. Eta H. Martin, the de-
fendant, angrily withdrew from the
case following Justice Carrs refusal to
grant an adjournment. Mr.. Hilton in
sisted that the dep ositions of certain wit
nesses in Massachusetts were essential,
but Justice Carr had sent the case to
Justice Aspinall for trial after rebuking
the lawyer for his show of temper in argu-
ing for an adjournment so that what
had promised to be bitter fight dwindled
to the one sided affair of an undefended
suit. The action of Justice Carr was
based on the denial by Justice Jaycox
OF an application for commission to TAX g
the testimony of Lem Hall. baseball
player and correspondent. and other
residents of Fall River.
After Lawyer Hilton had withdrawn and
jury was empanelled Stephen II. Bald
win, trial counsel for Edward +. Martin,
the plaintiff briefly outlined the case
against Mrs. Martin, saying that she took
delight in love affairs with men other
than her husband; that the latter. a
wealthy commission merchant of Man
haitian, had married her when she was
the simple daughter of Methodist min
lister, the Rev. DR.. Jay Benson milton;
had condoned her offences time and again,
though they We're so fragrant that her own
ia ther and her sister Mrs. George Martin.
wife of the plaintiffs brother, would
testify against her. (rhey did not tes-
tify, however, as the case was undefended.
and it was considered unnecessary to
put them through this ordeal) Mr..
Baldwin said that the defendant insisted
on Jury trial. believing that her relatives
would not testify in public, and realized
the futility of defence when they dis
appointed her.
Mary Ella Woods, formerly employed
by Mrs. Martin, was the chief witness
against her. She told of several intimate
conversations held with the defendant
when the latter was living in Cottage City,
Mass, in the summer OF 1904 and singing
twice daily in the Methodist Tabernacle
there In one Of these conversations. the
witness said. Mrs Martin poked fun at
her husband. declaring that she had
married him when her voice was in bad
condition and she needed the money; {;
also that her style OF life was good enough
for her dau ghter and that the latter would
be taught that she could always come to
her mother and confess wrong without
fear of reproach, The child was years
old at the time. and Miss Woods says that
because of it's presence in the house she
had censured Mrs. Martin for allowing
Hall to spend nights with her.
Mr.. Martin, small. broken, sad eyed
man. was on the stand long enough to
answer the few formal questions usually
put to plaintiffs in such cases. 1t was
at his urgent request and upon the advice
of his physicians that the case was hur-
ried he having suffered from nervous
prostration and fearing that he would go
blind unless relieved of suspense by an
immediate trial of the issues,
These issues, numbering thirty-two
in the original order signed by Justice
Carr were reduced to seven-all alleging
adultery when presented to the jury
in the afternoon. The names of DR.
Harold d. Meeker son of the president
tute. DR.. William c. Woolsey of ss La
fayette svenue and Frederick l.. Hig-
gins Of 228 New York avenue did not
figure in the questions. These men were
represented by counsel as defending CO.
respondents.
A diary found by George Martin. the
plaintiffs brother, while he was visiting
in the Hancock street house and said TO
have been written by Mrs. Martin is full
of radical views. including expressions
OF belief in free love. In il she calls
her husband bigot 1t was admitted as
evidence.
The jury disagreed on the first three
questions those referring to Frank G.,
Norris-but found Mrs. Martin guilty
on the other four, She can reopen the
case any tine %ithin ninety days,