, 1874-10-23
1IAEtEls--FARJVELL.

DIAEtGls--EARWELL.
12la,l Of Co snplninnntss Fcs.lm ouy-
Cnso CON tinuctt TOR Two Weeks.
MORNING SESSION.
Tho caao Of Hugh Mahor w. Char'oa D. Far
well, to recover trnct of lind conveyed b.
Maher to Fatwall IN 1860, to aecuro lLo payn,cn
Of an alleged 81 n,bng aobt, was resumed befor
judge Williams in tho Circuit Court, yestorda,
morning.
WALTER MA11Eft,
son OF tho complainant, waa placod upon ths
| s.and, and examined by Alr. Cauthcll. Wltnes
boro letter from his father to aIr. Farwcll. ant
Tho lattor satd ho wautod to see Mr.. Maher
1hiH was thp goth Of August. 1873. Witucsa aut
his mother wont to sela Mr. ung.
Q.-Whas conversation took plaza with Mr.
King on tho subject OF this land?
btr. lIuntor ob1cctod to this question. On the
ground that cohgi ,raanon botween NIrs
Mnhor and Dir. King WAS not compo tent owl
dence.
The Court held tho question competent. In
order to show TINT Mr.. King was authorized te
give tho notice that lie did to MIR. Perkins.
Witness stated that Mrs. Mal,or asked Mr.
KiuR what consideration Farwon gavo N1ahei
for tho lana. Mr. KIM: aail ho did not know
he had never been old. sho thon told NIr.
King that the land wgs conveyed to satisty a
gambling debt, aud thai; Mahor would not give
Il qult-clatm decd, but intended TO bring suit to
recover tho land.
iIr. Caulliell here rus III ovidcnco
THE ORIGINAL LETTER
writton BY Maher to Faiwei', Aug. AZ, 1873.
All tho couusal cxcels Con. Smith, objected
80 t,t.{tk
Mr. Tarvcll alono. Tho 1cttoris Oh folIows:
cu1oA3o, Aug. 81. 1879.
T DEAN Sin: Waon had nng deed you that lant you
baet ns us raid you that gambling debt. Tao
.st time tated to you about tho land was II Larmon
viii po pay so Il I'll s sef @ ana at aa
reay 70 tako tiu altd bach, and viii pay you tho
Ny Wter will haul you tna lstte!. aud watt your
answer. am, respectfully, Huau MAHIn,
Upon cross-oxamination By h{r. Hunter, Wal.
tor slaher slated that nis tatllor never told them
about the land controversy until 1879. It wus
about Tho yoar 1870 that Mrs. HIahor told Wit
nuas OF having found some stubs OF checks
which Mahrr mad given 10 Farwell. Sho had fur
so1ne timo thought that Malor Ind beou gam
bling.
Q.-Do you know of any reason why, from
1910 to 1878: ynur father never mentioned to
your mother tho fact OF his owning such iarzs
picce Of prapcrty on tue West sido7
MIR, CaulAoll objected TO tho question On the
ground OF lfielesancy, but the objection was
0rerrued.
W.!ncss stated that no knew Of no reason why
bis father had not mentioned tho fact boforo.
b. Mr.. Cau11ed: Q.-Was your father in tho
llnbit Of talkng to you about his business wiiou
you woro II aud IL years Of ngo2 Ale Was
not.
Q.-Dd your father. when you woro little
boy, toll sou tAat TO was In tue habit OF gam
bling? A.-Ho did not.
Q.3,Dia yot, when boy of II, IS, or 1G know
OF n! the flocas VI property your luther owned?
A.-No. sir.
Q.-Do you now know OF tho various piccos of
properly he has ownod? Al do not,
DEros1TloSs.
Afr. Caulfnli read Tho deposition Of Samuel
". Ieaso, to the effect that ho aided in affecting
tho sale Of tho land TO Mr.. Perkins. They triai
to get quit claim from Alaher before the salo
wns closed nn, nntl tho sale was delavel for rome
tiulo on this account. Witness and ill., popo
wero acting FOR q commission, to ael the land for
Mr.. Eaton. rho livod In Vermont. rho trnns-
action was closed, and the money paid, Aug.
20. 1873. Wltnoss saw Maler about signing thu
qnit-cla,m deod, and Ao said llo wou1u look into
It mud sign it. If it waA oil right. II. finally re-
fused to sign It, IIo did not at first tell Alaher
what tho land wns, but ho Bai1, ut the lust. thai
Il was D swlndlc, aud ho would not give quit
claim.
Ia reference to other dispositions, in ortloy to
proposed TO submit than ontire, without reading,
aud paas upon tho objectionable portions after
wa;d-.
Gon. Smith would not consent to this, NJ, ip
tho case ON I. d. !larsuatl'a deuoHtiot, /: should
be thrown ous altogether, because 1T rclatcl to
events which did not occur until 1862.
Mr.. CauIfle!d did not think th1s should be
ruled ont, ~ it constituted cirossnl4tantla' evi-
deuce that Farwoll aud Maler woto in the habit
OF gambling.
Tie Court suggested that, inaGmuch us tho
doposl:iona would NIL have to 10 prlnted. aud
aont 70 tho Supreme Court, nothing wuuid be
gained by taking them up now eoriatinl-
Mr.. Hunter cuntended for tho rcAl;ng OF tho
dopoBitionB in full, az there was mueh horesay
testimony to be- ruled out.
tIr. CAultield then read the deposition Of
Michael Turnoy. already published iu THE Tg1n-
uNE. The testimony related to Farwells habit
Of frequently yislting gambling houses or club
rooms; and OF playing cards with Mahor for
money.
The Court again suggested that the tleposi-
tiona DO submitted Without reading, mud subject
to objecnon.
Counsel for tue defendants agreed to This, md
Mr. Caulaod then submittc1 tho loposions Of
Marshall Avery, Steel, Lyon. and Whitman.
Iho Coult tooa recess until o'clock.