, 1874-11-07
MAHER..-FARWELL.
Testimony Of W. WI Perkins.

The case Of Hugh Maher against Charles B.
Farwell-an action to recover 4 tract OF land
near Riyeraido alleged to havo hoen given rs So
ourity for gambling lebt-cane up agaln be-
foro Judge Williams yesterday morning. There
werc present Gen. Smith. counsel for Alr. Far
well; Mr.. Hunter md Mr.. Page, representing
Mr.. Perkins, q party to tho auit; and Nlr. Oaul-
field, Mr. Van Arman, and Mr. O'brion, who arc
attending to tho complainunt's interests. Mr.
Maher himself was also in attendance.
Gou. Smith offered to submit the case without
further evidence and without nrgumont.
hfr. Caultic1d remarked thAt he would hayo
something to say.
Tho Court preferred to hear the arguments, NJ
they would DO great help to bin. Ho, howoy-
or, had hoard some arguments tint were not OF
much assistance.
Alr. pago had sums additional ovidonce to pro-
scnt and le called
Mn. WILLIAM ". PERKINS,
who testiiied substantially as follows:
I nil one Of tho defendants in this case and /
own the north 60 acres of the laud described
In tho bill OF complaint acquired titlo to the
land from George E. Enton. The contract with
him WAS ma6c on tho 21th Of June, 1878, but
decd, which bears tho dato July 20. 1873, WIS de-
]ivered to mo on tho 18th Of August, 1878, by
George r. Pope, Mr. Ea:on's agent. [rho con-
tract and decd wore submitted N eyi-
aSss Il "ts 0G Tine ss9anssa earensssd ~a M H.
property. Ind mover soon lin, but know
thero waB such a man from Lis elevator. I had
ITO notice Of bis claim 10 tho property. paid
So, l25 moro on tho 29th of August. mating the
total caHh payment ss,625. Tho eonaiaoration
was $34. 900, and gayo my notes for tho bull
anco. secured by trust.dead On tho property.
I AM acquainted with h1r. Thomna d. ling, who
has testified in thiH case.
Ou tho 21at Of June, 1873. perhaps little
soonor, Mr. L. NJ. Fay, q real-cstato aga,t of
this city, approached me with regard to tho pur-
chase OF tho property, and Gave me o certain
lncmber. Gu tho 24th Of Juro were
agrood upon tho tormB etc., aud tley
wore reduced to wrting-the Contract which
have present. Up to that time had not seou
Mr. Popo, nor did know who was tho rcnl agent
Mr. pease, and ho walked with mo from his olics
to Otis Block, aud tltero introduced me to
Mn. r0pE
US the agent Of tho ownol Of the land, informing
tne that the owner lived in the East. h1r. popa
showed mo his authority to Sign tho contract,
mud ho and there Bienod Ii. 1t was dated back
to June 81 bccauao that WAS about tho time we
duced to writing until tho oath; and / gave him
$500 after seeing his Authority. It WaB tleu
agreed that SHOULD have sixty davB from the
date Of tho agreement in which to make tho bal
matter. though tho agreement doea not state 1t
in just that language. Two or tiiree days after-
wards lad tito contract recorded. Nothing
further passed between uH until twanty, or, per-
haps, thirty days Ind elapsed, when Mr. popo
brouGh. me an ahstract Of tho property. Know
lug that had sixty daya, and being quito busy
at that tino, laid it aside.
About tho lat Of August was unexpectedly
called to New York. aud wont to Mr. Fay aud
should bo buck, saying that If did not got back
NJ Wished sne him ets' hea VI 'Nf i '' over for
nc. us said that no would SEQ
think he ca1no into my Office aud aaid that it
would be oil right.-thas q few days would not
makp any difference. l went to New York, and
returned Oh Sunday, tho l7th OF August. Two
or three days wont p Detvfe H. took up tho ab-
Eaton had been bore, and WAS introduced TO n1c,
and had had conversation With him. He as
eured mo tint the tlc was all straight and right.
Rnw from tho abstract that tho tito waH short,
two OF tho oxptrasIon OF the contract. I then
took up tho abstract to examine it critically and
for tho hrHt tima found out
THE CHAIN OF TITLE.
found au agreement Of Thomas 3. King. party
Of tho llrHt part. with Hugh A1alor and William
II. Warder party Of tho second part. aud that the
next conveyance Was D Warrnntee decd from
Thomas b. King and wifo to Charles 3. Farwcll.
There was no assignment in thu abstract Of the
agreement between King md Mahel aul War
DIR, mud called Fnya atlontlon 10 the fact, and
| asked linn for III explanation. He said ho know
nothing about it hiuisoit. but would seo il AIr.
| pope did. Either that afternoon or tho uoxt
| day Mr.. Pope called at my Office, and called
his attention to the same point. and he said that
| he was entirely unacquainted With tho titlo aud
| could giyo no explanation.
On the 2ist or 22d Of August, called upon
| Mr.. RING
at his Office for tho purpose Of getting some
light upon tho question. l asked him If lie Ind
ever boon the owner Of pieco Ut property uear
lsiyetsitlo. He thought a momons, aud romem-
! bered that ho had. I asked him if ho remeln-
I With regard to that !and. After thinking somo
littlo time he said it seemed to him ho bud, aud
asked II It vas not tho piece he lad contracted
for with Mahor and Wardor. showed him tho
ment and tic warrantco deed which he had given
to Charles B. Farwcu, and told him that I
wished to know Why It waa that he hai
made tho conveyance te Fss9el! in
Contract seemed 10 be Will tho two iattor gon-
| tlamen. He took the abstract and looked 1t
| oyor, and told INC that ho remembered it worry
dstinctly,-thas aan!e TWO or three years aftor It
had boen made ont afr. Warder had assigned all
OF his interest In the contract to Mr.. Maler !;
that Mr. Maher and ho had had some arrange
ment about building material, whereby there
had boon certain amount applied On tho con-
tract in favor Of hfr. Mahor; and TINT Mr Mahe1
had roQuosted him 10 deed thu land to Mr'
Charles d. Farwoll, and ho had done 80 in ac.
cordanon with tho request asked him wkothol
ho had tho contract In bis possession. Flo sale
ho was not coEtaln about it, or vhothe,
Hr. N[aher bud ever given him 4
contract OF not. Ho remembered distinctly thai
ho lad called Mr.. Alahor's attention to 1t seyera
times attcr the doca had boon glsen, aahing hin
to bring tho contract down aud give 1t to him
but he vas roally unable to aay whethor Ar
Mahor has ever dono it or not. But he romcm
boucd that Mr.. Nalor bad either done that, O.
Ind given him some writing to tho effees that ht
could mako the deed to Charles B. Farwell.
asked hin II ho had that writing, and he said III
not .aksd ha Whether 10 ir%t hG Ind nd eyer . p.
lin what was douo with tho writing OF tho con
md 10 said that hg that h"d 4 fapt %s ohi IL o h
e:iiy honn DESTROYED in the great fro with Iii
other papera. askod him Il he could tol! NJ u
vllat tho writing was. and ho Ha!a his reooilco
ton was that II waa request on tho part Q
K1r. Mahor to decd this land to Mr. Charles y