Isabella Martin, Part 2 |
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Soon after she was well enough to be told of her husband's death, Henry Martin's widow knew there was more bad news ahead, thanks to a sister-in-law she despised. Not only did May Martin believe Isabella Martin had poisoned her own husband, John, but suspected Isabella may have poisoned her and Henry, though that wouldn't have been easy, at least, in May's case — because she'd managed to avoid seeing her sister-in-law in public and had never allowed Isabella into her home.
However, that didn't stop Isabella from hatching a plot against May Martin, and it was revealed four months after Henry Martin died: |
San Francisco Call, July 2, 1893
Mrs. John Martin of Weaverville, Trinity County, filed a petition yesterday against the purported will of Henry Martin, who died in San Francisco last February.
On March 20, ex-Mayor E. B. Pond [of San Francisco] filed what purported to be Martin’s last will as Martin’s executor. In this will, Mrs. May E. Martin, widow of testator, was appointed sole heir. The will was dated May 16, 1890, and was admitted to probate April 14, 1893.
But Mrs. John Martin, sister-in-law to decedent, claims to have found another will dated February 23, 1893 — only four days previous to testator’s death. By this will, petitioner’s infant son is given one-third of the estate, one-third goes to the widow and the remaining one-third is bequeathed in equal portions to testator’s brother and sister.
Petitioner, therefore, seeks to upset the former will and establish the latter one in the interests of her son. What adds interest to the case is the petitioner’s statement that the first will is a forgery and she means to fight her case out to the bitter end.
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The newspaper described the new will as being very short and badly written. "The will bears no signature of witnesses, but is holographic." (A holographic document was one written entirely by hand by the person who signed it.)
Things became stranger a few days later when the first will — in which Henry Martin left all of his property to his wife — was reported stolen from the Trinity County clerk's office. Since that will had been copied and duly recorded in the books of the probate court, no one knew what a thief hoped to gain by stealing the original.
FOR MAY MARTIN, it was time to act. She went public with her suspicion John Martin had been poisoned by Isabella. Most residents of Weaverville felt the same way, so Trinity County authorities decided to exhume John Martin's body so an autopsy could be performed by Dr. W. D. Johnston of the San Francisco's Cooper Medical College (which later became the Stanford University School of Medicine).
But when that was done, Dr. Johnston said he found no trace of arsenic in John Martin's corpse.
That satisfied Isabella Martin, but not the Trinity County coroner's jury which ruled John Martin did not die from natural causes. The jury was disappointed in Dr. Johnston's report and wondered whY the doctor hadn't looked for other poisons.
Thus May Martin and many residents of Weaverville remained convinced Isabella Martin 's death. Isabella inherited his estate and wanted a chunk of brother-in-law Henry's estate for a son, John Bidwell Martin ("Baby John"), born in 1891.
Thus California was treated to the war of the widows, a court case unlike any that had gone before. There was much interest even before the case went to trial because one widow was suspected of murdering her husband, and the other had been socially prominent even before she married Henry Martin when she was Mrs. Samuel Moore (or More, as it often appears), a San Francisco wholesale liquor merchant. Also, word was leaked that the trial would reveal Isabella had a scandalous past.
HAD TELEVISION existed in the 1890s, both Isabella and May Martin might have been regulars on "The Real Housewives of San Francisco." At the time, both were considered attractive. Isabella Martin was colorful and combative, May Martin was cool and let her lawyers do the fighting.
For the former Mary "May" Blunt, the frosting on the cake was a story published in the San Francisco Call shortly after Henry Martin's death. By today's standards, there's something creepy about how May was groomed, but in 1893 this was regarded as a moving, very romantic tale |
San Francisco Call, March 4, 1893
Last Thursday the remains of the late Henry Martin, the well-known mine owner, were buried in Mountain View Cemetery, he having died suddenly of an illness aggravated by long and constant watching at the bedside of his wife, who is now probably dying in her apartments at the Palace.
The story of Mr. and Mrs. Martin’s happy domestic life, now closed so ruthlessly, commences with a preluding chapter, having in turn its beginning back among the piny hills of Northern California.
In the early 1860s Samuel Moore, a wholesale liquor merchant of this city, and Henry Martin were summering among the trout-pools of Plumas county, near Big Meadows. The two young men stopped one night at a small country tavern, kept by a couple named Blunt.
During the evening meal. Martin heard an exclamation of surprise from Moore, and, looking up from his appetizing plate of venison, saw his chum staring at a person just entering the room. It was the thirteen-year-old daughter of their host and well might the young fellow start.
She was one of the prettiest creatures he had ever seen. Rippling yellow hair like the autumnal hue of her native slopes, the softest and clearest blue eyes and a face of childlike innocence and sweetness. She was as graceful as a sylph and modest as a nun, and she moved around the table attending to the wants of her father’s guests, followed by the fascinated gaze of the young merchant as well as by the eyes of his comrade, who also bowed down to the youthful beauty of the child.
During the day Moore was silent, evolving schemes of a future wherein little May Blunt would play no small part. That evening he made a confession to Martin, and proposed a plan as romantic as it was honorable and generous. It was to the effect that he, would from his ample wealth, pay for the girl’s education and maintenance in some fashionable seminary and trust in time to win her woman’s heart and her fair hand for his own.
The parents were poor, and the young man’s professed love for their daughter, also his commendable plan for her future happiness, won their consent, and the pretty mountain maid with her trunk full of pretty frocks went away to prepare for the position she was to occupy so gracefully and honorably in after years.
After her graduation, May Blunt, her child-beauty rounded out into the fullness of womanly perfection, followed to the altar the man whose love and liberality had made her his intellectual and social equal. Their joined lives were peaceful hues, and the beautiful maiden with the golden tresses was a fitted evolution from the sweet maiden with hair the hue of her own summer hills, who charmed the young man years ago.
Moore, happy in his home and proud of his wife, often chided his friend on his adherence to bachelorhood, and begged him to get married.
“When I find a woman the counterpart of Mrs. Sam Moore I will do so,” said Martin, “and not before.”
About six years ago Moore died, and after a few years of widowhood, Mrs. Moore was wedded again, by the man who despaired of finding her counterpart in other than herself.
Thus the innkeeper’s pretty daughter successively married the two young men who were so attracted simultaneously by her beauty years ago.
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CLEARLY, Henry Martin's widow was the heroine in the upcoming trial, while Isabella Hoffman Martin was the wicked witch.
At issue, the validity of the second will, to be decided by a jury. A very patient jury, it turned out.
May Martin assembled a dream team of lawyers to prove her case, but Isabella Martin's abrasiveness was an attorney repellant. The case was supposed to begin on May 7, 1894, but Mrs. John, as she'd be called during the trial, was without a lawyer. And no wonder: |
San Francisco Call, May 17, 1894
Mrs. John B. Martin gave an example yesterday morning of that disposition which, it is said, caused General Barnes, George E. Williams and Carroll Cook to withdraw from her employ in the Martin will contest.
Mr. Martin had engaged Clara Foltz to represent her in a small lawsuit over rent, and Mrs. Foltz had committed the crime of permitting Judge Murphy to postpone the trial of the case.
Early yesterday morning, Mrs. Martin favored her attorney with a call, and the two met again in Judge Murphy's court. Angry words passed, Mrs. Martin accusing Mrs. Foltz of dereliction of duty and demanding the return of a $25 retainer.
Mrs. Foltz, however, said she had performed sufficient service in the case to warrant her in retaining the fee. Mrs. Martin became so indignant at this, and was so violent in her demeanor, that, although Mrs. Foltz retained her cool demeanor and came out of the fight scatheless, she resolved to withdraw from the case. Mrs. Martin will have to find another attorney. |
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Isabella Martin managed to secure one of the state's most prominent attorneys, Grove Lawrence Johnson of Sacramento. Johnson did not like nor trust Isabella Martin, but may actually have believed the second will was valid. He would make a tremendous effort to win the case for the person he insisted was his only client — "Baby John."
Further, Johnson, who had served in the state senate and assembly, was a candidate for the U. S. House of Representative in 1894. He may have anticipated the wide coverage the trial would receive and felt the publicity would help his political campaign. (He was right — in November he was elected to Congress.)
FINALLY, on July 9, the will case began and soon turned into a mud-slinging contest that drew standing room only crowds, forcing Judge James V. Coffey to find the largest room possible for the proceedings.
Isabella Martin had inherited only about $40,000 from husband John, and was willling to gamble a chunk of it in an effort to grab one-third of her brother-in-law's estate valued at between $200,000 and $300,000. And even if that inheritance were awarded to "Baby John," it would be controlled for many years by Isabella, who wasn't exactly the most devoted mother. (More on that later.)
If she came out the loser in this case, Isabella Martin would have to rely on income from rental properties she inherited from her husband. (She already was proving to be the landlady from hell, involved in several lawsuits involving tenants. She'd soon find it more convenient to torch the buildings and collect the insurance, but that's a matter for part four, the conclusion of the Isabella Martin story.)
As for Clara Foltz, mentioned in the story above, she was California's first female attorney, and, to some extent, a role model for Isabella Martin, though that didn't mean Mrs. Martin, as a client, would treat Mrs. Foltz differently than she had other lawyers. Still, Clara Foltz was lucky. She got wise to Mrs. Martin very early, and dropped her as a client before the will case, though Mrs. Foltz's presence would be felt during that trial, which was attended more by women than men, which probably was a first in this country. |
NO FEWER than nine lawyers were involved in the will case, five for May Martin. With Grove Johnson aboard, three other lawyers agreed to assist, though they'd all regret being associated with Isabella Martin.
May Martin's chief attorney was Delphin Delmas, who, because of a physical resemblance, was called "The Napoleon of California." (His fame would go national 13 years later when he defended Harry Thaw for the murder of architect Stanford White for his relationship with Mrs. Thaw — Evelyn Nesbit. This was the case dramatized in the 1955 film, "The Girl in the Red Velvet Swing.")
Another lawyer on May Martin's team was Arthur Rodgers. To many, he was the best attorney on the case, so it was clear Grove L. Johnson was in for the legal fight of his life. He would receive no gratitude from the woman who hired him. That was partly because Johnson felt his chance of winning the case depended on minimizing Isabella Martin's role. He felt she would antagonize the jury as much as she angered lawyers. However, his strategy wound up antagonizing Isabella even more.
However, the woman would not be denied, and she became the central figure in the trial, much to Johnson's dismay. And it was because of Isabella that the trial became San Francisco's best show from July through September. Fittingly, the trial unfolded much like a stage play. |

Fortunately for the jury, lawyers Delmas and Johnson were quick on their feet and rather humorous. Otherwise, this phase of the trial would have been torturously dull. The witnesses were mostly handwriting experts who analyzed the second will, supposedly made out and signed by Henry Martin. The will was compared with proven samples of the man's handwriting.
Obviously, May Martin's experts declared the second will a fake; Isabella Martin's experts said it was genuine. One of the latter went a step further — he said the first will was a phony. He certainly was wrong, which damaged the credibility of Grove Johnson's witnesses.
The star expert was on May Martin's team. Augustus Breckenfeld, an accountant at London, Paris and American Bank, testified in painstaking detail. For example, he showed how, of the 299 examples of the letter "e" found in the acknowledged writings of Henry Martin, 275 were had a distinct loop.
That was boring enough, but then Grove Johnson cross-examined him and took Breckenfeld through every other letter in the alphabet and how Martin had written them. However, Johnson often did this in humorous fashion, which kept the jury awake, but did not rattle Breckenfeld.
This clash of "experts," which lasted several days, may have been a waste of time. As the San Francisco Call pointed out on July 21, "It has been found that experts on handwriting are like any other kind of experts — they can disagree, and widely at that."
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Perhaps another judge would have reined in the lawyers at that point. After all, the only question to be answered involved the validity of the second will, but Delmas, Rodgers and company also wanted to prove there was no way Henry Martin would leave anything to a child he believed was not his real nephew. While alive, Martin had told many people he thought Isabella Martin had gone to New York City in 1891 and purchased the boy from an agency for foundlings.
And while Judge Coffey was reluctant to admit the evidence submitted by May Martin's attorneys, he eventually would yield on almost every point after several prolonged legal arguments that kept the trial going much longer than anyone anticipated. |

Delmas, Rodgers and company had plenty of ammunition in their attack on the character of Isabella Martin, and Grove Johnson's objections merely delayed the inevitible while inflating spectators' expectations.
It certainly was suspcious that Isabella Martin went alone to New York City in 1891, supposedly because she wanted to have a baby under the care of Dr. William Van Valzah, who, she claimed, had treated her years earlier back East.
In any event, when she returned to California several weeks after she left, she had a baby with her and insisted her husband was the father.
(Throughout the trial and forever after, the boy was identified as John B. Martin Jr., though that wasn't correct. Isabella named the boy John Bidwell Martin, the middle name being her maiden name. Her husband's middle initial was W, though I've never seen his full middle name.)
May Martin and many friends of her late husband testified about Henry Martin's belief "Baby John" wasn't his real nephew. Thanks to Alexander Heynemann, another member of the Delmas-Rodgers team, letters would be produced that would embarrass and infuriate Isabella Martin, providing the most interesting and entertaining moments of the long trial, the result of which never seemed to be in doubt. |
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In preparing for the trial, Isabella Martin had gone to New York City to obtain depositions from six people who'd seen her while she was there in 1891. Among the six was Dr. Van Valzah.
In his deposition, Dr. Van Valzah said Isabella was an old acquaintaince and he decribed the circumstances of the birth, adding that Mrs. Rose Larkin of Brooklyn also was present and acted as nurse. (Coincidentally — and not surprisingly — the doctor also stated Isabella had not yet paid his bill, amounting to $180.)
Attorney Delmas believed this and the other depositions of the New York witnesses were false. And when Delmas finally convinced the judge to allow the reading of the so-called "Crawford letters," which dealt with a baby Isabella supposedly had in 1885, when she was between marriages, the case got turned upside down. That's when it became "The Isabella Hoffman Martin Show," which prompted one of her lawyers to quit in mid-trial and forced Grove Johnson to make a closing argument that was the courtroom equivalent of a "Hail Mary" pass. |

Forgery and baby-buying accusations were bad enough, but what aroused even more interest were the letters Isabella Martin had written to Andrew Crawford, one of San Francisco's leading merchants and a married man with whom Isabella had been involved three years before she married John Martin. The letters indicated their relationship may have changed after her marriage, but it didn't stop until Crawford died in 1892.
Grove Johnson's many objections merely delayed the introduction of the letters. Isabella's affair with Crawford couldn't have been a secret before the trial. He must have been the man referred to in that brief article that appeared in the Elmira Telegram in 1888 shortly after Isabella Bidwell Hoffman became Mrs. John Martin. If a reporter in a rural city in New York knew about the affair, certainly it had to be known in California.
It was Crawford's widow who found the letters. She turned them over to Alexander Heynemann, who'd been her husband's attorney. In 1894, Heynemann joined Delmas and Rodgers and showed them the Crawford letters. (During the trial, Isabella accused Heynemann of trying to blackmail her into buying the letters).
When Judge Coffey finally ruled the Crawford letters were relevant, he naively suggested that women stay away from the trial until after they were read. The judge not only overestimated the shocking nature of the letters, but created more interest in the case. If anything, more women wanted to attend.
In 1885, supposedly pregnant by Andrew Crawford, Isabella left San Francisco and went to Philadelphia, writing Crawford to say she'd given birth to his baby.
“He is your child, and you know it, Crawford," she wrote to him. "You must not try to shirk your responsibility. You should be more manly than to deny your own child as an excuse for not furnishing it with support.”
Crawford paid her $1,000 on condition she promise to never again contact him.
Delmas suspected that baby existed only in Isabella's head. In any event, she did not have a child with her when she returned to California in late 1885 or sometime in 1886.
Isabella's promise aside, her relationship with Craword resumed after she married Martin. While in New York in 1891, she wrote Crawford, asking for money because she was attending horse races in Brooklyn and claimed she had a foolproof betting system. (Delmas offered her attendance at the races on the day before the arrival of "Baby John" as proof she wasn't carrying a child, saying all she did on May 5 was purchased an infant.)
Interestingly, records of the Western Union Telegraph company showed the following telegram was received by Mr. Crawford:
New York, May 6, 1891
Andrew Crawford, 25 Market Street, San Francisco: Baby was born yesterday — a boy. ISABELLA |
I don't think she was making another claim that Crawford was the father. More likely she'd told him why she'd actually gone to New York. Delmas believed Isabella's marriage to John Martin was in deep trouble, and she felt she could convince her husband that he was the father, and thus guarantee an inheritance, if not for her, but for a boy who would remain under her guardianship for many years. |
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Isabella Martin wanted to defend herself, but Grove Johnson refused to call her to the witness stand. That didn't stop her. She contacted the San Francisco Call, said she wanted to talk, and an interview was arranged. During the interview, Mrs. Martin accused two of her lawyers of improper behavior toward her.
The article was published on the morning of August 16. In the courtroom, before the trial resumed that day, one of those lawyers, Crittenden S. Thornton, announced he was quitting and he urged Grove Johnson to do the same. The other lawyer had parted ways with Mrs. Martin before the trial, but he arrived just before the noon recess so that he could make a statement with the judge present, but with the jury and spectators absent.
Johnson refused to quit, but made it clear he was working on behalf of "Baby John," not the boy's mother, a woman he admitted he did not like. The lawyer maintained the rather ridiculous position the case was all about the child, and that Isabella Martin had no part in it.
Delmas and May Martin's other lawyers knew the opposite was true, which is why Delmas called upon Isabella Martin to testify. Afterward, Johnson correctly claimed, "They put Mrs. John Martin on the stand solely to impeach her, solely to torture her, solely that they might throw mud at her."
When questioned, Isabella gave as good as she got most of the time. She certainly was the trial's most entertaining witness: |
San Francisco Chronicle, September 1, 1894
The role of Lady Macbeth might fit Mrs. Isabella Martin so far as her deposition as revealed in court is concerned. The lares and penates of Judge Coffey’s department have been overthrown by her. She has mocked at judicial dignity, scoffed at decorum in the halls of justice and daily displayed an audacious disregard for the conventionalities of bench and bar.
There is no instinct in her, apparently, that might make her bow before men. She has flaunted the lawyers, regarded the Judge with no reverence and never hesitated at rebellion against the usages of trials. The customs formed through centuries have made the seat which witnesses occupy a chair of torture, but she has torn from it the implements of pain and converted it into a citadel for the infliction of injury.
Ordinarily this inquisitorial chair is governed by the attorneys, who can touch as many devices on it to urge its occupant to speak when commanded as any rack in Spain ever had. Its terrors have not subdued her, and she has turned the sharp prongs with which it is provided against its customary masters.
Mrs. Martin, aggressive, savage at times, disposed to short philippics and prone to denunciation, has continually indulged in behavior which everybody but the Judge regards as contempt of court.
Though Judge Coffey is not a singer of the praises of lovely woman, it has been plain that her sex alone has saved her from a penalty for her outbreaks. The courtroom has been as her demesne. Her speeches have protracted the trial and her seeming indifference to consequences has probably caused her to be somewhat feared.
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| Isabella's undoing might have been another batch of letters, those supposedly written to her by Henry Martin. These were called the "Dear Belle" letters and were as phony as the second will. Grove Johnson may have believed they were real; it certainly seemed so when he finally got around to making his melodramatic closing argument. But first ... |

If the "Dear Belle" letters were were genuine, then Henry Martin led a double life, bad-mouthing Isabella to his family and friends, but secretly visiting her, even while his wife seemed to be dying.
Delmas was certain these letters were phony, but the possiibility they were genuine forced Grove Johnson to contradict himself. He had promised he would not engage in mud-slinging the way Delmas, Rodgers and company had done to smear Isabella Martin's reputation, but he soon began slinging mud at the ghost of Henry Martin by using the so-called "Dear Belle" letters to prove there was a romantic relationship between Isabella and her brother-in-law. (She had said on several occasions that both John and Henry loved her and proposed to her before she agreed to marry John.)
The most important letter in the entire case was this one, discovered after the trial was underway:
Feb. 24, 1892.
My Dear Belle: In case I do not see you, you will find inclosed my will that I made yesterday. I have left one-third of my estate to my boy. In the event of my death, give it to your attorney and send word to my brother. I am a sick man, but do not worry. This is a sad time for us all.
I believe that you will do your duty and raise our little one as well as you have Henry. You will never forgive the wrong I have done you, but believe it was my love for you that has cost me my self-respect and your regard. See me tonight. Henry. |
Handwriting experts were recalled. The most-trusted testimony came from Breckenfeld, who not only said the letter was not written by Henry Martin, but that it had been written by the person who forged the second will.
Obviously, Delmas was certain that person was Isabella Martin, and in his closing argument would claim she wrote the Febraury 24 letter during the trial in an attempt to strengthen the case for "Baby John."
Those who believed the letters were genuine concluded Henry Martin must have been the father of "Baby John." Grove Johnson would incorporate that theory into his closing argument. Isabella Martin would claim she was shocked and upset when, in his closing remarks, Johnson referred to "Baby John" as "the sinless child of sin", but it's unlikely anyone believed the woman blamed the lawyer for connecting the dots she'd splattered on the case. Her feigned anger would be her excuse for not paying Johnson's fee.
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| There were several times during the trial that Isabella's anger was real. She made several outbursts even while she was seated with her lawyers, and one of them made for the trial's most memorable incident: |
The San Francisco Examiner (September 6, 1894) reported that yesterday afternoon Mrs. John Martin was upset when attorney Alexander Heynemann introduced into the proceedings an 1885 letter in which she promised, in consideration of $1,000, to waive all claims either she or her child might have on Andrew Crawford.
Seething, Mrs. Martin picked up a law book from the table nearest her and threw it at Heynemann. It struck Heynemann on the head and bounced off and hit Delmas. She hit two enemies with one throw. Fortunately for the lawyers, the book was a small copy of the Civil Code, and did no damage.
A recess was call. When court re-convened, Mrs. Martin was not there.

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Ten days later, San Francisco Examiner said what many were thinking: "When Grove L. Johnson took up his argument (yesterday) for “Baby John” Martin before the jury in Judge Coffey’s court, people who had followed the trial wondered what he would be able to do with a hopeless case."
What he did was deliver a performance worthy of an acting award, but its impact was short-lived, wilting in the face of a critique offered by Delphin Delmas, who had the last word in the case. |

For many, the climax was the best part of the trial, While the other attorneys also presented closing arguments, they were wearsm-up acts for Grove Johnson and Delphin Delmas, the star attractions. Both men took two days to complete their arguments.
Johnson's impassioned closing came first and provided one of the case's most memorable moments. A story in the Syracuse Evening Herald (September 24,, 1894) reported Johnson's words had some jury members in tears. As he neared the end of his remarks, Johnson dropped to his knees and made this rather strange appeal:
"Though you weigh this case with all care, you may make a mistake. God alone is unfailable, and when death unseals your eyes, you may find you erred. Oh, jurymen of San Francisco! Oh, men of California! Oh, citizens of this free country! Oh, honest men! See that if you do err, it be on the side of mercy.
"If you decide in favor of this child, who is injured? Mrs. Henry Martin has still more money than all this jury and all its lawyers put together — certainly enough for a woman who has no children. Who would be injured?
"But if you pronounce this a forgery, you put a weight upon this child through all his life. Oh, it is terrible that so beautiful, so bright a boy should bear so heavy a burden.
"Henry Martin loved this baby boy, either because he was his brother's child or he was the sinless child of his sin and that of his mother. The woman he had loved as his brother's wife or as men love women, and he desired to do justice. He did not expect this will would be contested. He was sick, his wife was dying, and he did what he should have done. Do something for this dead man. He cannot right these wrongs, but he asks you to do it."
DELMAS began his closing the next day. Johnson wasn't present to hear it; he was out of town, campaigning for Congress. It was just as well. Delmas attacked him mercilessly.
“This is not a theater," he told the jury, "and when I heard and saw the learned counsel go upon his knees for you as the culmination of his appeal—not to your reason, not to your judgment, not to the sanctity of the oath which you have taken; but upon a broad and intemperate attempt to sway your judgments, to carry away your imaginations, inflame your passions and pervert your hearts against law and against justice and against evidence — l confess that I felt a sense of humiliation and of shame that the bar of America had come to that point where an American jury should be supposed by any member of that bar to be made of such stuff that a verdict could be whined and cried and kneeled out of them by any such theatrical display."
In his conclusion, he urged the jury, "By all that is just, by all that is sacred, by the laws of your country, by the evidence in this case — protect the memory of the dead from this monstrous desecration! Protect a woman, a widow, from this unhallowed spoliation! Protect this community, whose ministers you are, from the foul robbery of a scheming and unscrupulous woman!"
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It didn't take much time for the jury to announce its agreement with Delmas, though two members sided with Isabella Martin. However, a unanimous vote wasn't required, and Henry Martin's widow emerged victorious. Isabella made it known that she would appeal the verdict.
Isabella Martin's behavior during the trial undoubtedly turned some jurors against her, and probably made them put more trust in May Martin's witnesses. Particularly damaging was testimony Edward Casserly, deputy county clerk, who said Isabella Martin came to the office two days after the filing of the original will, asked for the will, and sat down to make a copy of it. Shortly thereafter, she announced she had discovered a second will made out by Henry Martin.
Those ten juror who declared the second will a forgery also must have agreed with Delmas that Isabella Martin also forged the February 23, 1893 "Dear Belle" letter while the trial was in progress.
No effort was made to prove or punish Isabella Martin for forgery, and for years after she unsuccessful tried to have the judgment overturned and another trial ordered. She did manage to delay payment of the inheritance to her sister-in-law. |
| Also worth mentioning . . . |
• Attorneys Delmas, Rodgers and Johnson all battled colds during the trial, affecting their ability to speak. Johnson's cold was particularly nasty, causing him to have coughing fits. A month into the trial, Isabella Martin also became sick and missed a few days of the trial.
• Isabella Martin wasn't the only one who misbehaved. Grove Johnson's sharp tongue sometimes led him to the brink of a fightfight. For example, he believed court clerk Neely Murphy not only misplaced those depositions on purpose, but was responsible for leaking inappropriate information to the press. One day while the judge momentarily left the courtroom, Johnson made some comments to Murphy, and the clerk suggested the two men step outside to settle things.
Another incident involved William S. Craig, a member of May Martin's legal team, who spoke with a Southern accent. Whenever he was called upon to question witdnesses, Johnson would poke fun at Craig for his "Confederate manners."
One day Craig accused Johnson of saying something that was insulting to his witness. That led to this exchange:
Johnson: "I have not said so but if I wanted to say so I should have one so regardless of your Confederate manners, sir."
Craig: "My Confederate manners can take care of themselves, and I'm ready at any time to defend them."
Judge Coffey intervened to restore order.
• Those in attendance on July 30 were entertained by an exchange while attorney Delmas cross-examined Mrs. Jennie Tibbetts, who ran a boarding house where Isabella Martin lived after her husband died. Mrs. Tibbetts testified Henry Martin often visited the widow. |
Delmas: "How did Henry Martin greet Mrs. Martin on the occasion of his visits to your house?"
Mrs. Tibbetts: "He would greet her cordially. He kissed her on enterting the room, and would kiss her on leaving.
"And hug her?"
"Certainly"
"How did he kiss her?"
"As a brother would."
"Nothing wrong about a gentleman kissing and caressing one of your boarders?"
"Certainly not; you don't think it's wrong for a brother to kiss a sister, do you?"
"I submit," said Delmas, appealing to the judge, "the witness has no right to ask me to explain things."
"Of course, not," said Judge Coffey.
"It was just a brotherly kiss?" asked Delmas.
"Just a brotherly kiss," replied Mrs. Tibbetts.
"And a brotherly hug?"
"Just a brotherly hug."
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Mrs. Tibbetts (often spelled Tibbets) was Isabella Martin's key witness, claiming Henry Martin came to her boarding house on February 24, 1893 to deliver a "Dear Belle" letter that accompanied the second will which was written a day earlier. Isabella Martin was asleep at the time, said Mrs. Tibbetts, so she put the papers in a drawer — then conveniently forgot all about them for several weeks before informing Mrs. Martin of Henry Martin's visit that evening. Accompanying the will was a "Dear Belle" letter.
It made for a good story, though it was hard to believe, for several reasons. Delmas and Rodgers had witnesses who swore Henry Martin was so sick on February 24 that he did not leave his bed, much less his apartment at the Palace Hotel. And since he died three days later, it was unlikely, had he visited the Tibbetts place. It was just as unlikely the landlady would have forgotten Henry Martin's visit and his note and not said anything to Isabella Martin for several weeks.
OTHER trial tidbits:
• The forged will was interesting, the way Isabella asked for only one-third of the estate and tried to win the support of Henry's two surviving siblings by including them. However, it turned out one of the siblings, William Martin, who lived in Maine, didn't need nor expect anything from his much younger brother. He smelled a rat and suspected John's widow, Isabella, from day one. His views were made known during the trial.
• Grove Johnson obviously didn't want the jury to know Isabella was the daughter of a Bidwell, since that also was also the last name of two notrious forgers. So he objected when Delmas asked Isabella for her maiden name and the judge sustained the objection. However, it was no secret the child at the heart of the case was named John Bidwell Marin.
• Proceedings were interrupted during the afternoon of August 6 when it was learned that a juror's house was on fire and he was allowed to leave.
• On July 24, James Bowie, sheriff of Weaverville, told of how on one occasion Mrs. John Martin sent for him to arrest her husband. “ 'He’s beaten me,' she cried. I asked her, 'Why, how are you going to get any one to believe that John Martin would do a thing like that?' Mrs. Martin replied: 'I don’t care. He’s an Irish brute and he did beat me. I stood on the stairs with a pistol and if he’d come up I’d shot him.' " Grove Johnson objected, and the Bowie's tale was stricken from the record.
• Henry Martin's widow, May, testified that she brought a private fortune of $150,000 into the marriage, which was almost twice as much as her husband had at the time. If that was correct, most of the money up for grabs in the disputed will was hers to begin with.
• On July 26, Morris M. Estee, Republican candidate for Governor, testified he overheard Henry Martin refer to his sister-in-law as an advesnturess and said she was a blight on his brother, John.
Six weeks later, on the day of the book-throwing incident, Mrs. Martin boarded a street car and found Estee by her side when she sat down.
“You testified against me in court,” she said, sternly.
“I probably did, but I don’t know who you are,” answered Estee, undaunted.
“I am Mrs. John Martin,” she responded.
“I did not say you were, but I testified that Henry Martin said you were,” was Estee’s answer. “Who you are and what you are I do not know.”
That silenced her.
• An interesting witness was Thomas Coster, a coachman who said on two occasions he had driven Isabella Martin and Henry Martin in his carriage, indicating the relationship between them was much friendlier than May Martin's witnesses had testified.
But what was most interesting was that Coster and his wife, Annie, had taken care of "Baby John" most of his life — the past 22 months — while his mother lived elsewhere. Coster said Mrs. Martin owned him and his wife $600 and claimed she had no money to pay them.
• On August 1, Grove Johnson was told that the six depositions Isabella Martin had obtained from six New York City witnesses were missing. Johnson suspected court clerk Neely Murphy was responsible. Eight days later they were found in a drawer belonging to a clerk of another court.
• In her deposition, Isabella Martin said she was 34 years old, shaving eight years off her actual age.
• On August 7, there was an issue raised by clerk Neely Murphy over money he was owed for services. He demanded $265 from Mr. Pond on behalf of Mrs. Henry Martin and $469 from Mrs. John Martin’s side. “If these are not paid," he said, “I won’t swear a witness.”
Mr. Pond at once gave his check for his side of the house, but not surprisngly, the amount from Isabella Martin's side was not forthcoming. Murphy protested, but the judge assured him the matter would be settled and he ordered Murphy to swear in the next witness.
• A day later a suit was filed against Isabella by Dr. Winslow Anderson who claimed she still owed him $209 for services performed two years ago.
• After tesitifying on Friday, August 10, Isabella Martin was so upset that two days later, she tracked down court stenographer Sam Sumner and accused him of falsifying his record of the trial in an effort to make her look bad. Sumner was so rattled that when Mrs. Martin was back in the witness chair when the trial resumed, Sumners left the courtroom, claiming he was ill.
• In Isabella's deposition, she claimed she'd given birth to "Baby John" on May 5, 1891 between eight and nine o'clock in the morning. Questioned by attorney Arthur Rodgers during the trial, she said she'd given birth between eight and nine o'clock in the evening.
• On August 21, she was questioned by attorney Delmas and proved very stubborn.
“How many children did you say you had in your time?” inquired Delmas.
“As many as God sent me,” was her response.
Told by the judge that wasn't a proper answer, she said she'd had three children born alive, twin born dead. Delmas tried to prove that if she did give birth to three children, the third was born in Philadelphia in 1885, not in New York City in 1891.
• On August 27, five jurors were late, delaying the start of the day's proceedings.
“I won’t have this,” shouted Judge Coffey. “These jurymen complain to me that they are pressed for time, and that they are kept waiting every day. I won’t have it. I’ll fine ’em each a dollar a minute.”
At four minutes past 11, juror Patrick Cody walked into court.
“Five dollars fine,” roared the Judge.
“I’ll have to go to jail, your honor,” said Cody. “I haven’t the five.”
“Well, we’ll make it four,” replied the judge.
• A burly San Francisco policeman was assigned to keep Isabella Martin in check. He wasn't always successful, obviously.
On September 21, Henry Hoffman, Mrs. Martin’s 18-year-old son, asked District Attorney Barnes to have the policeman removed.
“If you don’t take him away,” said the boy, “please get some one else. Mamma says he smells like a billygoat, and it annoys her very much.”
• The three-year-old boy at the heart of the case was often in court in the care of a nurse. Reporters covering the trial noted his presence and said the boy was surprisingly well behaved, considering he had to endure hours of testimony that probably meant nothing to him.
The San Francisco Call several times mentioned the boy's "laughing blue eyes." It was the boy's eyes that may have helped convince Henry Martin and later his widow's lawyers that he was not the son of Isabella and John Martin. That's because newspaper accounts were wrong — the boy's eyes weren't blue.
This fact wasn't mentioned until Arthur Rodgers closing argument, when he declared, "This brown-eyed child of a blue-eyed race is not Henry Martin's child."
Years later a reporter for the Oakland Tribune, covering a trial involving 17-year-old "Baby John," would write, "His complexion is swarthy, but there is a harmony between it and his raven hair which showed a lineage having origin in one of the Latin countries."
• During legal arguments over the relevance of the Crawford letters, Isabella left her seat and stomped out of the courtroom. It was hours later that she contacted the San Francisco Call to set up an interview.
• Grove Johnson had something in common with our 47th president — he sometimes dozed off during a witness's testimony. This was especially true when the witness was a handwriting expert called by the other side.
• Johnson would serve only one term in the U. S. House of Representatives, but his son Hiram, 28-years-old at the time of the trial, would be governor of Califoria from 1911 through March 15, 1917, and a United States Senator from March 16, 1917 until his death on August 6, 1945.
• Isabella was particularly upset with handwriting expert Peter D. Horton because she'd asked him to testify on her behalf and he told her he couldn't because she wouldn't like what he had to say. She apparently thought they'd made a deal, and her anger built to a point that late in the trial she and her son, Henry Hoffman, paid Horton an unusual visit.
• Isabella also was angry with Johnson for calling "Baby John" the sinless child of sin. "I refuse to pay a man who slandered my child," she told reporters.
• Johnson's associate, Walter H. Linforth, told a reporter Isabella Martin had promised him $1,000 — $5,000 more if the case had been won — but he did not receive a cent.
• Tragedy struck handwriting expert Augustus H. Breckenfeld. He committed suicide a few days after he finished testifying. Breckenfeld's wife, who had been ailing for some time, passed away and he decided he could not live without her and he shot himself in the head.
• Isabella Bidwell Hoffman Martin unsuccessfully appealed the verdict and was just as unsuccessful when she sued Ms. Henry Martin for $750,000 for damages allegedly done to her character and standing in the community by the defendant. Isabella claimed that not only was Henry Martin in love with her, but that she had known May Martin's first husband, Samuel Moore, and that he was infatuated with her.
• There might not have been a will case if it weren't for an interesting stage actress who had a special interest in finding homes for foundlings. As May Martin's lawyers suspected, Isabella Martin bought "Baby John," something arranged for her by Josephine Plows-Day.
• A loser in court, Isabella Martin hoped to be a winner on stage. As for "Baby John," he would be back in the spotlight, but not until 1908 in another sensational trial. This time he and Isabella would be on opposite sides. |
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| Part 3: Start spreading the news |
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