The San Francisco call. [volume], November 24, 1910, Page 16, Image 16

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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volume evrri.— no. 177.
WOMAN'S WILES
ARE TRUMPS IN
OAKLAND COURT
"Baby John" Stands Firm Un
der Cross Examination by
His Putative Mother
Judge, Prosecutor and Jurors
Display Patience With the
- Vagaries of Defendant
MARY ASHE MILLER
Mrs. Isabella J. Martin pave an in
stance In Judge Wells' court in Oak
land .yesterday of femininity, irre
pressible, cantankerous, illogical, un
reasonable, dominating, nagging, cun
ning, impudent — everything except at
tractive.
" Judge Wells and Assistant District
Attorney Hynes gave examples of pa
tience which pass belief as appertain
ing to mere men, but with symptoms
of rlerves approaching the snapping
point.
The jurors showed patience in more
negative form — some amusement, a
trifle of boredom and at times aston
ishment which made their mouths Into
round O's of wonder at Mrs. Martin's
vagaries.
Mrs. Martin is undergoing her sec
ond trial for blowing up the home of
Judge Ogden, acting as her own coun
sel and departing as far as she pos
sibly can from every accepted rule of
the legal profession.
She came Into court yesterday, ac
companied by the. matron of the Jail.
Mrs. White, and a deputy, the latter
of whom politely carried for her a
irood sired bag of yellow cross stitch
tapestry, filled with dogeared papers
and some books. There were no law
books. One of the things that marks
the conduct of the Martin trial Is the
absence of all such volumes. The judge
find the district attorney have diffi
culty in getting in a little legal lore
by word of mouth <?very now and then.
They would be shouted down by the
defendant at once if they tried any
thing so deliberate as reading out of a
book.
APPEAItAXCK OF DEFENDANT
Mrs. Martin was dressed in black
satin.' brocaded in bars of pale blue
dMs and having expansive insertions
of black .lace which disclosed the fact
that the "gown was made over a pale
p-roenish blue silk, accordion pleated.
The garment was a trifle voluminous
.and unfashionable and was gathered
in nmpl.' folds around her unstayed
wi|!st by r.n ornate metal belt.
H?r hat v.as a mysterious thing of
T*-li!tf» chip, blue beads, blue and brown
wines rind bows, small and rolling
sway from her tightly drawn up hair.
UthOUgh there are traces of beauty,
fihe white skin, regular features,
plr-g rr>.i ng chestnut hair and the like.
her life." both in; and out of prison. I
fancy, has told on her. Her eyes are
wcr.fjerful — not for beauty now but for
t!T» "force, on* might say. violence of
her glance. I^a-pe. of a clear blue.
they seem to fairly pierce th«= object
cf.her regard. They are haggard — wilJ
at times with one emotion or another —
but one searches them in vain for any
trace of insanity.
It Is said by those who have been In
c<mrt during the trial that "Baby John"
wHI not look at her— that his eyes are
always elsewhere and he never meets
her glance. This may be true, but cer
tain it is that ii* showed no trace of
fear or nervousness when cross exam
ined by.her yesterday.
The boy is as wonderful in his way
as the woman. He !s a handsome lad,
with " clear, honest brown eyes, and
rather regular features, save for his
sose. which Mrs. Martin Is raid to have
broken. Xo amount of her attempted
browbeating yesterday, however, was
able to break his testimony or cause it
to waver for one second. He did not
even lose his temper with her as he did
the day before.
STRAXGE Scfexß IX COURT
It was as strange a scene at; one
could imagine. This woman, accused of
every crime in the calendar, conducting
the cross examination for her own de
fense of the boy whom she claimed for
her son for so many years, trying, as
Bhe declared, to prove that he was "a
criminal -from his youth up."
She began her examination in rather
& "chatty" tone, asking, "John, in re
ferring to the trouble you gave Mrs.
Martin in 1801. do you remember Mrs.
Andrea Ldndal?"
"John" said. with v a slight yawn but
a trifle defiantly. "Yes, ma'am."
'And then she made rather minute in
quiries as to his plans to poison Mrs.
Lindal with some quicksilver which she
eaid he had Btolen from "Phil Cooper's
cabin/
This John said was not true In any
particular.
One became accustomed, after a
brief session of the Martin trial, to
euch details as the poisoning of one
or another, th«=ft. the plans for blow
ing 1 up prominent men as the outcome
of disagreements, and the manufacture
of bombs. By the close of the after
neon it seemed rather all in the day's
\u25a0work.
District Attorney Hynes tried early
tr> stop some of Mrs. Martin's questions
•which he said were Irrelevant and a
\u25a0waste of time, declaring at the 'same
time that he wishes to show every
courtesy to the defendant-
Mrs. Martin began to object, and
when Judge Wells showed signs of
agreeing with the district attorney she
burst In with "Why, Judge, do you
mean to say that when this boy ac
cuses this woman of crime that she
csn't show that he's a criminal from
hi« youth up. That's the most unfair
thing I ever heard of.**
And the funny part of It was that
rhe said this with a feminine plaint
in her voice and a vocal pout that
made Judge Wells feel for a moment
as though he had stepped on a kitten.
WOMAN'S WII.ES ARE TRUMPS
The wiles of womanhood are Mrs.
Martin's trumps. She gives a man
that helpless feeling when he. tries to
cope with her. She tries the gentle
art of fascination, too. Yesterday she
winked at a juror, but he took it in
the right spirit and grinned at the
district attorney, who had his eye on
the came Juror. Another time, when
the showed the district attorney a
paEsage of the transcript on which
she was questioning John, he said:
"Now, Mrs. Martin, just a moment;
you don't have to be jabbering to me
all the time."
She nudged him confidently and co
quettiShly on the elbow and said be
neath her breath, "You hush up."
Again, when the Judge , had been
driven to ordering her peremptorily
to heed the rulings he had made, she
fell Ifa-ck and said: "Judge, you dis
courage me so I can't get on at all."
"Well, you discourage me, Mrs. Mar
tin," retorted the Judge. "You did
EOQie time ago."
It was of endless instances such
a« these that the day was made up.
Nothing new or of value to either; side
yaa developed. .John Martin was on
TH E SAN FRANCISCO CAUL,
Mrs. 1. J. Martin,
Who Is on Trial
« For Dynamiting
the stand all day for his cross exami
nation, and will be probably for some
days yet.
Mrs. Martin followed closely most of
the time the questioning In the tran
script of appeal without any apparent
logical sequence. She would question
John as to planning to blow up Judge
Ogden, and then go back to the matter
of why Henry Hoffman left her home
when John was 3 or 4 years old. She
read closely the account of how to
make a giant powder bomb and then
produced some limitation powder," as
she said — four little yellow cheesecloth
bags filled with black dirt — and made
him demonstrate to the jury just how
he had done it. She reauested that
some dynamite caps be given her to
complete the model constructed by
John.
"You have some here as exhibits,
Judge: give me some," she said casually.
This the judge declined to do, and
one juror rose in alarm and protested,
"No dynamite caps here!"
HOY PROVES SHARPER WIT
Attempt after attempt was made by
th«» defendant to prove John untruthful
and to induce' him to contradict the
huge volumes of questions he had been
compelled to answer in the past.
It was a contest of wits between the
two, and in every Instance the boy won.
Shrewd as Mrs. Martin is, she has
trained the boy better than she realized
and with his native cleverness he is
more than a match for her.
Mrs. Martin read certain letters writ
ten to John by her, by which she en
deavored to show the affectionate rela
tions existing between them. She was
then warned by Judge Wells that if she
Introduced these she gave the entering
wedge for the prosecution to place In
evidence letters which gave a form of
testimony to which she had vigorously
objected.
She refused to be discouraged, how
ever, until asked to swear that the
letters were in her handwriting. This
she consistently refused to do both
then and in the case of a contract she
sought, to introduce later. She will
give no bit of her own writing and
swear that it is her own. Extreme
caution marks all references to hand
writing .with her.
Questions as to John's knowledge of
right and wrong and the date of his
awakening to this knowledge con
sumed some time, and John confessed
that his first definite idea of evil was
manifested at the age of 10. when" he
stole some money and hid it In a soap
dish. . When pressed as to how he
gained the power of discrimination,
he declared it was through the "awful
licking" he received.
The judge groaned aloud at this
point and Mrs. Martin said hastily:
"This ain't half as silly, now. Judge,
as some of the questions Mr. Hynes
asked Mrs. Cordi yesterday."
JUDGE'S PATIENCE EXHAUSTED
On one occasion when John's an
swers did not please his questioner,
she likewise groaned and said in an
audible stage whisper, "Oh, John, God
forgive you! This is awful."
This aroused more wrath on the part
of Attorney Hynes than he displayed
at any other tim« during the day and
evoked a heated objection to Mrs.
Martin making remarks for the jury's
benefit.
Judge Wells . was strong In his pro
tection of the Jury also, bidding Mrs.
Martin frequently to reserve her argu
ments until the close of the case and
to put herself on the witness stand to
Introduce the testimony she was be
stowing so freely during her question
ing. \u25a0 .
Finally the judge could stand the
strain of keeping Mrs. Martin^ within
verbal bounds no longer," and he. ad
journed court until Friday morning at
10 o'clock. •
ACCUSED OF GRAFT; V
WOULD DELAY HEARING
New Attorney Appears for. Su
pervisor From San Mateo ,
Daniel E. Blackburn, the San Mateo
supervisor, accused of agreeing to re
ceive a bribe, for whose arrest" Judge
U. H. Latimer issued a warrant Tues
day, appeared in court yesterday. The
case was on, the calendar .for the ar
raignment ;of the defendant. In con
sequence; of. the , first appearaiwe x of »a
new attorney, Carroll Cook, a. contin
uance of this formality to Wednesday
next was granted. \u25a0 Cook said- he had
only been retained a. few hours before
court met, and was not familiar with
the case. ' ' \u25a0-.. . ..-; -'*\u25a0/;\u25a0•'<
Since he,was first- charged Blackburn
has experienced a change of heart<wlth
reference 'to the conduct of the rcase.
Nearly two weeks ago; and immediately
after be was indicted, he .attended
court before his case; had .been placed
on the calendar-, and .asked = to be ar
raigned, announcing. .he I wanted, the
matter disposed Qfexpeditlously.
He is now "desirous? of proceeding at
a more moderate speed. $81
REAL ESTATE DEALER \
ADMITS BANKRUPTCY
George W. Johnson, an Alameda real
estate dealer, .petitioned '...the United
States district court ,? yesterday., to \de
clare him a< bankrupt. He owes; 59,950
and has assets valued at -f 3,509."'; A sim
ilar petition was filed by A: B. \u25a0 Chase,"
a contractor of Oakland,-who is Indebt
to the extent : of J6.366 andvwho has no
assets.' : : \u25a0\u25a0'--' ; *•\u25a0' \u25a0 {-'X \- \u25a0
RAILROADS LOSE
FIGHT AGAINST
RATE DECISION
Circuit Court Refuses to Grant
Order Restraining New In
termountain Schedule
Judges Riddle Corporations'
Arguments in Denying
Them an Injunction .
The interstate commerce commission
scored a victory yesterday in its con
tinuous battle with the railroads when
the United States circuit court refused
to grant the Southern? Pacific and 20
other lines an injunction restraining
the commission fro menforcing the in,
termountaln rates, which were estab
lished last June."
A3 a result of yesterday's decision it
is , obligatory upon the railroads to
publish tomorrow their schedules of
rates to and from points between the
Atlantic seaboard, to . Reno and other
points in. Nevada, and to Phoenix,, Ariz.
The new rates will go into effect De
cember 1. \u25a0 .» ' .
IZVJUXCTIOX MAY ISSUE LATER
The circuit court has referred the
matter of whether an injunction should
be granted later to Master in Chancery
Harry AI. Wright to take testimony in
regard to the rates, which afterward
will be readbmitted to the circuit court
for final decision.
Assistant United States Attorney
General William E. Lamb, who is rep
resenting the interstate commerce com
mission, will hold a conference with
the railroads* lawyer, C.\W. Durbrow,
with a view to suspending the proceed
ings until the" recently created court
o£ commerce Is in a position to bear the
caae. Otherwise the case will be con
tinued in the circuit court.
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The following is the decision read
by the presiding Justice, William B.
Gilbert, of the circuit court and con
curred in by Justices William W. Mor
row and Erskine M. Ross:
In' this matter, which has been .
before the court, .we have given the
questions involved careful consid
. eration. They have been exhaust
ively and ably presented on both
sides. The case comes here from
the decision of the interstate com-"
merce commission. It is not denied
that the commission had Jurisdic
tion and that it heard the case. The
presumption must be that that
hearing covered all questions that
were involved and that the con
clusion of the /commission must be
sustained as reasonable."
NOT COXFISCATORY .
It is said in the bills that the
conclusion of the commission must
be set aside on various' grounds;, f,
one is that it is violatlve of the
constitution; that the jates fixed
are confiscatory; but no facts are
set up In the bills or in the affi
davits from which the court can
say that the rates are conflsca
tory. v .
It is said again that the rates
were fixed arbitrarily; that there
was a general readjustment of
rates, a comprehensive and radical
change of rates. Every establish
ment of a rate by the interstate
commerce commission must be, in a
sense, arbitrary, but if it is arbi- .
trary in the sense that it is vio
lative of the law, or disregards the
equities of the parties, or Is an
abuse of discretion, those are
grounds for setting It aside. But
there are no such grounds In these
bills. There is nothing from which
we can infer that the interstate
commerce commission did not con
sider all of the facts in the case,
and did not act upon a full con
sideration of the questions involved.
The mere fact that the- readjust
ment is comprehensive and radical
Is no ground for setting it aside;
the situation may have called for a
comprehensive reduction. '\u25a0
BLANKETING PROPER ''
Again >it is aljeged that the rates
were* discriminatory in that they
were blanketed from Sacramento
eastward.* We are not prepared to
say that it is not within the power
of the interstate commerce com- ,
mission to blanket rates. It. is a
recognized practice and the railroad
companies practice blanketing 1 of
rates. But we are not convinced in
this case that the 1 order of the^
Interstate commerce commission
necessarily Involves-the blanketing
of rates. If the rates established
are subject to that criticism the
railroad companies have in their
power to cure the vice by establish
ing, within the maximum rates es
tablished by the interstate com
merce commission, mileage rates.
So that is no ground for setting
aside or enjoining the rates es
tablished by the interstate ' com
merce commission.
Takign the bills as they are they
fall to make a case which would
justify this court In substituting
its Judgment, if It had a different
Judarment from that of the inter
state commerce* commission, and
enjoining, even temporarily, the
rates which they have established
and the injunction In each case
''will be denied.
JAIL BREAKER KILLED
IN BATTLE IN CAVE
GRAYSON, Ky., Nov. 23.— Trapped in
a mountain cave after breaking jail
at' West Union, 0., three fugitives late
yesterday had a revolver, battle .with
Sheriff C. W. Gibbony of Adams county.
James Smith, one of the, fugitives, was
killed and the two others . surrendered.
The men broke jail last Friday. night./
Romance of Walking Trip
Will Lead to Pretty Wedding
Miss Claire Donovan, who will become the bride of Police Judge Edwin P.
\u25a0 Shorlall next week.
MANY BEQUESTS
MADE IN WILLS
Elizabeth Hancock Created
Trust to Handle Valuable
Pieces of Realty
The will of Elizabeth Hancock,
mother of Robert J., Hancock, the capi
talist and promoter, was filed for pro
bate yesterday. It disposes of an es
tate worth about $150,000, most of it
comprising:' realty in this city. The tes
tatrix by her will creates a trust to be
administered by Elaine Hancock,
daughter of Robert J. Hancock, the
trustee, to pay the income to her father
during his lifetime. ; 'The ''trust proper
ties • Include the block bounded by
Minna, . j Fourth. Mission and Third
streets, a lot tit Mission and Fourth
and another at' Ellis and Jones. Elaine
Hancock is to get this property upon
her father's death, and in addition she
is willed outright a lot at Turk and
Broderick streets. The income from
this realty is $13,000 a year. ' V
Other bequests- are: To Jane Winn,
niece, $1,000; to Elizabeth Hancock,
niece of the testatrix's deceased hus
band, $1,000; to Annie Hanna, daughter
of a deceased brother, $400, a year.
Chinese Cook Remembered
The will of Minerva D.. Kellogg, dis
posing of an estate valued fet about
$50,000, was filed yesterday for probate.
It provides that the executors purchase
five $1,000 bonds of any established
corporation for the benefit of Mrs. Mar
tha Sherman Stringham. widow of Prof.
Irving Stringham' of the; University of
California. An'annuity of $12 a month
for life* is provided for Lew Sing, Miss
Kellogg's former cook, who lives in
Hongkong. The residue of the estate
is divided between nephews and nieces
of the testator.
Evidence of Carroll's Death
Evidence tending to" prove the death
of John J. Carroll, formerly a justice
of the peace in San .Francisco, who
has not : been heard of since April
1908, was heard by Judge: Troutt yes
terday. Carroll. In : October, 1899, took
out a life Insurance policy for $5,000
with the Mutual life insurance com
pany of New York,' and' the following
month assigned the ; .policy *to Jake
Raver, who has ; slnce paid the annual
premium of $153 and is suing the Insur
ance company for the $5,000. -
BOMB WRECKS HOUSE
FILLED WITH' PEOPLE
' NEW YORK, Nov. '23.— Explosion , of
a bomb in front of a; tenement house
in West Forty-seventh ' street today
badly' damaged the .front- of -the 1 build
ing and caused a panic, among.; the
twenty ;. families • who occupied the
structure. It is ; believed by the: police
that- the bomb was meant' for Bao
careolle ; Brothers, 'a firm ; which § re
cently opened a fruit .; store < on 'the
ground floor.: They are said' to have re
ceived threats. . Police reserves quelled
the panic.; . V " \u0084:\u25a0•'•'\u25a0%•'\u25a0:. . . I
THDESDAY, NOVEMBER 24, 1910. i
JUDGE SHORTALL
WILL CLAIM BRIDE
Popular Police Court Magis
trate and Claire Donovan 1 to
Be Married Next Week
Culmination of Romance That
Began on a Walking Trip
yin Mill Valley
Among the weddings of the holiday
season none will be -more interesting
than the marriage of Miss Claire Dono
van and Police Judge Edwin P. Shortall
that will take place early. next week at
St. Agnes church In Masonic avenue.
T.he officiating clergyman will be Rev.
Father Collins, ana a small 'company of
friends will attend the pretty ceremony.
The bride will be attended by her sis
ter,; Miss Nellie Donovan, and Lee
Clark -will act as best man.
The bride elect is a graduate of An
derson's normal school of New Haven,
Conn., but has resided In this city for
several years, where she has a large
circle of friends. She has taken a con
spicuous part In athletic affairs and
shares that Interest with Judge Short
all.. The couple met while on a walking
trip through Mill Valley several months
ago.
Judge Shortall is a member of the
Corinthian yacht club.- of the South End
rowing club and the Olympic club. He
has taken a prominent part in various
athletic tournaments and is a skilled
handball player. Judge ' Shortall has
been on the bench for five yeara and is
a graduate of St. Ignatius college. The
couple will live here after their return
from a wedding 1 journey.
•WATCH SKATCHER CATTGHT—^Tohn Reed, a
white man. and William Marshall, ft negro,
were captured at Pacific and Drjpont street*
by Detective Jack Sullivan early yesterday
£ morning after the pair bad tried to snatch
a watch from John Duyer of 145 Capp street.
Duyer grappled with the men and Sullivan
went to his assistance.
Absolutely Pure
Tho only baking powder
made from Royal Grape
Qream of Tartar
H3&iism,HdLim6 Phssphaie
LAW AGAINST TICKET
SCALPING IS ATTACKED
Penal Code Section Is Unconsti
tutional, Argues Attorney
The case of William Rice, the saloon
keeper accused of "scalping theater
tickets," was on trial before Police
Judge Shortall yesterday, and a gal
lant array of legal talent was on hand
to conduct the. case, which was brought
for the purpose of .testing: the law.
Attorney Herbert Choynski attacked
the constitutionality of section 620 of
the penal : code, contending: that the
law provides that a license must be
taken out for a single transaction In
the sale of tickets when it should, to
be constitutional, provide for the pay
ment ;of a license only for regular
business.
Attorneys Rothchlld and Ackerman.
representing the prosecution, will at
tempt to support the validity of the
statute Saturday. \ .-r : :
Drink T-a Qnwti
Red wine. 7 years old, and be thankful
Cafes, hotels, grocers, •