The New York herald., 1871-02-06

A further hearing OF testimony in the matter OF
the contested VIII OF John Bussing deceased which
has for some time past occupied the attention OF
Surrogate Cohin, OF wesichester county, took place
on Saturday. during which the evidence OF Mrs.
Bussing, reict OF the iestator, was taken at the
family residence, near williamsbridgc she beng
roo delicate and ntrm TO attend at the Surrogate's
court IN White Plans. The following embraces the
substance OF the additional testimony ecited:-
Mrs. Ryer recalled. by air. Van Pelt, tesaGed-My
father said that he wished that myself and sister
should nave the lory acres 0n the east Side OF the
railroad track between us; John objected 10 tho
proposition; the forty would at time, have
brought about slooo0J; on one OCCASION aiier the
VIII was made, my mother conended that The girls
tneaninS witness am her sister should have more,
BUT JOHN OPPOSED IT.
Mrs. Susan A. Tier examined by Mr.. Van Petit
am q daughter OF Jonn Bussng, Sr., deceased,
:. ,aDe sister OF John pussing, now present;
lssstSiths afterW ards; i have since visited home
--- .sonaly; ard OF the expected diniculty with
the Harlem Railroad Company when my father took
70 his bed; pnor 10 that tune lie was very indus
1rious farmer he attended TO all the land himself
occasionally employing few hands at certain sea-
sons; from the great change that took place In
appearance, haDis and conversation l should never
have known him To be my iather; my brother
John Is
IMAM OF VERY STRONG WILL.
ana II mattegS dld not go on 10 please MIN he would
get into great passion; my iatner spoke of the
railroad accluent, ana SAID II might cost him SIS O0O
railroad accident before he TOOK TO his bed: one dry
when We were talking about the will put my arms
around my latner's neck ana cried; he also crled
ana
APPEARED 70 BE IN GREAT AGONY;
he said that he could not do as he liked with his
own property; tnen knew what had been done; /
knew now tie WILL was L. be; my mo.her had told
me- IN couple OF hours alter thar the VIII was
signed; sir. Ryer, my husband m de some remark
about the way IN which the WIZ was drawn, when
John got angry ami
Mrs. nursea recallei-hiy grandfather gave me
SIX dollars per mollh fer pocket money and told me
not 10 let John know any ihing about it, he also
anxious TO have me remain with fhe family, and
gave me pocket money and otner presents to induce
me not 10 20 away, as had talked OF doing on ac.
count o. ncle Jyhn copauct towards me; on one
Elijah Ryer, son OF Mrs. Mary Jane Ryer, and
grandson OF he testaoT corroborated the testimony
cf previous witnesses IN e.ereace to Jonn Bu sing
DR., insisting upon having the deed made, and sirk
Ing the bureau and WALL
Mrs. Bussng widow OF The tcstator on being ex-
amlned by eX-Judge Robertson, depoSed-l am the
widow OF John Busslng deceased | was married In
the year ls2o; came TO live at the homestead
about two years alter married and have
since resided mere; J remember The time when my
husband 1rs teoK 10 hls bed 1s4! before tnat my
fosnand used 10 cJmnlan OF pains III his back hip
and knee; he complained most OF his pack, ana said
he ieit better whiic lying IN bed; heard Of
THE ACGIDENp on TAE HARLEM RAILROAD
said 10 have caused by one OF Mr.. 1IerS oxen
getting on the rack; do not know that Il mad any
connection with my husband Keeping his bed; re-
Coliect Judge SsrGgham being NY husbands law
yer at one time: 1 recoiiect my husband selling
some pr"rer TO seener ,l nea Hun sisT ne Sas
OF property down at the denot; he also sold some
property 10 the Harlem kallroad Company; l reco
lect Judge Scrus ham making memoran ium OF the
Will admitted Judge Scrnghain INTO the house: ne
took the headings 0. the viii and incn asked my
husband If there was anything else he desired TO
nave in IT; the memorandum which Judge Scrug-
ham made gave to 10 n Bussing, Jr., the iarm de-
yised II the WI; WAS present
WHEN THE WILL WAS EXECUTED;
the win was read BY Judge scru.ham be ore my nus
band signed II; Nathaniel Berian was subscribing
witness 10 the VIII; James Williams, Inc other suJ-
scribing witness was hired man and employed on
some time aerward: Samuel NJ. Purdy subsequently
became my husbands attorney, transactng his
business for him: MT. PIrdy would come aud speak
abou! putting some money out when my husband
would say, Il don't want you to put too muca money
out must keep some TOR household exp -nses;" my
hus0and would tnen tell me Wnere could get tue
money Nj. Purdy wanted. and when the latter party
where TO pace 1t; tns was continued mp to the time
o. his death; my husband was very slow to speak
and first considered what he would say;
HE WAS MN OF GOOD JUDGMENT;
] ala not discover any change IN M husbands
mind alter he took to his bed when he set his mird
upon anything lie could not be changed; John was
hrst rate hand on the iarm; we couid not have got
along without him; iecollect the time when John
Struck tue wall; that was my iault | was trying TO
persuade my husband 10 leave my daughters more
tnan the VIII gave them hut my husband said he iid
moi want 70 alter the WIS never heard John say
that tue w.ll was hi, Will never heard ms husband
say thai he could not do as he liked with MS
Cross examined BY Mr.. Van Petit am now living
with my son aonn, he has wife and two chdren
never saw Judge Robertson IN relation to this mat
ter until last Wednesday; John was present and
TOOK part in the conse rsalion, but recolect
what ne sad my memory i not very good and my
retentiye faculties depend on circumstances ! am
setentyIour years old; know that my daughters
DISSATISFIED WITH THE WILL,
because John got so much and they SO ;lle I never
heard John use violent or proisne language to MS
father; he has sworn 10 me when ne stuck the wall:
he did not call me by hard names; do not remem-
ber whether he has ever called me black hearted
p-h or hot.
Q. Win yon swear that John has not at any time
called you black hearted b-h, IN the presence Of
your husband and others, a. do not wish to swear
that.
q. Did he use violent and proiane language to you
when ne struck the WALL A. Yes, he did: he was In
great rage; sat by the wall al The tne, near the
door tspot where the hole was made by John Buss.
ing Jr.. was here pointed OUT, and my husband
'.for Gods sake, John, don't Kill your motner;"
John told me something about his father having
gwen n,ni deea OF te pace bnt fhs ne was not
know auytnDg about the deed until after my hlls.
bands death; 90 not recoect that John ever swore
u Inc except Hhen he struck the wall
O. Dld you not tell your daughter, Mrs. Ryer
repeatedly that you could not 1--we home safely
account or Johns yo!enceY A. do not recolect 1t.
O. WIll you swear that yoa did not tell your
daughter MIS-. hyer that you trembled al the very
sound OF Johns voices A. don't Ike 10 swear
that did mol.
z. nd you never hear john use violent or profane
language 10 his lathers A. | never did.
q. iid John never swear In his fathers presence
wien things dd not go 10 please him, A. He swore
TWO or three tunes. his father heard hin strike the
bureau and told him 10 stop; had been speaking to
my husband about the Will and trying 10 get him TO
GIVE MY DAUGHTERS MORE,
when John R0t angry. cannot fccolicct when this
oc, ,urrcd; recGlect when the will was made did
no. tell Joli right away that Il made; John
nish have zone or sent for Judge ScrnghaIn TO
uraw the VIII.
q. Don't You know that Mrs Tier saw your hus-
band III bed on the day the VIII was executed that
ne cried aud SAID he could mol DO as he had a mind
70 DO with his own a. Ha might have SAID SO aud
i not nave heard II: and she might have been here
without my remembering the lact
q. VIII 50u swear that your daughter, Mrs. Tier,
did nor ten You that she had spoken 10 ner father
that ha had cried and sad that he could do with
ms own as he pleased! a. don't remember 1t;
DON'T LIKE TO SWEAR;
Al might nave occurred ana might have told her
mat The Will was unjust 10 her; might have told
Mrs. Tier that her iatler ought 10 nave gwen her
ana her sister more, but that ner father would
alter the Wal; duliGg disturbance which occurred
after the will made John said that nc would 20
away; my husband tod HIM not to 90 away ami he
would give him iJonnl the place; John had the
entire charge OF the l1fm and brought all he made
Z. L. tnII1 lunW llpt Linn IpAliZnd