, 1874-11-07

Lad kinlo And tlt1lb again aau A6 Woplu orltH tho
contract down II ha had not; ho could mot lc-
member wholllcr he had or not. told him that
Was not Acquainted with hGr. MAhor, and nHkotl
him II he thought hc could get Mr. Mahor to
aign paper Of that kind. Ho aaid ccrtalnly l,o
ing ho should havo him aign. took uut my
poncu and wrote somethng Oh ono Of hia letter.
heads, I think; Icnnnot tell exnctly what It was,
but 1t was TO- tho effect that tho
Ms SSsa rerTe ss'e Vas III" /" compliance 5 WE Weh an.
fulhllment Of tho contract which found upon
tho abstract. told him that that would tnnko
tho chain al titlo porfect. lle aaid llo could got
1t without any difficulty At all. | asked hun
aaw 3lr. Malaer.
4 day or two afterwards mot Mr.. King on
LaSallo street, md lo said thas ho had aoen
Mahor, md TINT ho had
NO .oBJEoTIoNa At ALI
to signing tho paper, except that ho [Mahor] md
Ills wife Ind lad some difficulty, and, iu order
that pence might bo kopt 10 tie family, ho would
not like to sign any thing until ho got tho cosont
OF Mrs. Mahor, or until Bllp knew about it. King
said lie would 900 hor ~ aoon ~ ho could; that
thcse would bc no dilscu!ty ahont getting tho
paper signod A very Bliort ttnlo subsequently
ca1ed at Mr. 1ing'a oillco. Ho was not IN, aud
/ am tod that Mrs, Mnhes informed you ahc Ind no
objUcsloh to her husband signing tho reoase, aud lilo
only ohstacle r. the way is tue soelng Mr MahGr H.
THU {Aet9 rlrlso leavo answer On this, eaak may
got II II you Aro not In wlien call.
TIE ANBWElt.
called TINT afternoon OF tho noxt morning,
and was handou tho Hntno rloco OF pnpor by
gontloman in Kings Office, with thla upon ~:
lave not seen 5ir. Muller, and cannot say when
eau. Mira H. tufornscd tue aho had no obiotton 4f't
hearing what said. i, u. L.
After receiving that noto, on tho 29tl OF ALL
gust, 1878. ! closed tho trade with hlr. Pope as
agent for Mr.. Eaton, and accepted from them tho
dood, and paid lin S3. 1876. be assnrug mo a. t1o
san,e timo that, ~ eoon I'll he could, La would
got for mo the release from Mr., Maher.
4 week or two aftorwarda, "a Pope had not
slr. iing to know II ho could got tho siEnat''re
OF Mr.. Manor, and he Informed mo Of tho coll
vcrBAtiun which he bud had with Mrs. Mahot,
substantially Rs ho has gison 1t III Ills testimony.
h,nt, or knowledge lad that there was any OBJ
lection upon tho part OF any ono to giving tho
release or TINT Iii. Mahor claimed to have any
intorcHt In tue property.
Aster coutradictsug several etatcmonta Of Mr.,
king,--Haying that ho had not bcon told by him
that Mrs. Maher reftsod to Bign the rcleaBe pro-
vious to he--closlug OF the contract,-tho Wit
ness stated tlat ho had tho rocoipta for tho
taxea paid ou tue property from 1866 to 1879,
which ho got from Mr.. Eaton. He addod TINT
when ho purchased the property no QUO was In
possession tint hc was aware of, tho land being
vacant and unoocupied, aud TINT, in collyorsa-
tion with Mr.. PcuRe, ho had boon told that
Mr.. Maher had no objection to eigning tho ro-
loase.
Cros.-e1amined-1 haye made no payments
! ainco Juno 20, 1873. Some Of tue notes havo
fallen due. but they havo not been presented to
mo. I did not refuse to pay then OH account OF
tho litigation. but Unlimited that would not,
and for that reason they have not baen proaonted
Nearly ali Of Mr.. perkins' Testimony WAS OBJ
jor.od TO- aud went III Bnbjcct to exception.
Mts. uEoItoE ". GAGE
and Mr.. DAVID a. GaGo wero called by Mr.
Knickorbockor to testify us to tho value Of tho
land in 1860. but their knowledge was general
rather than specific, and their testimony was
held by tho tourt to bo inadmissblo.
in robutta1 testified that when Mrs. Mal,or camo
to him about tho mattor ho iufo1red TINT aho
wanted to complain OF him because no had deed.
cd tho land to Mr. Farwo]l instead Of to AIR.
Malpr, aud le fortified himself to show her that
ho was not to blame, that he did it by request
OF Mr. Maher to ahield hiniaoif and no thought
that Mrs. Afacr, when she wont away, sccmoa
to DO aatiaiied With tho position he took. There
foro. le penped tho noto ilo took. Afrs. Maher
Maher to gamble with Dir. Farwol, but ho never
know anything about quarrel between lcr and
hor husband; consequently ho could not hayo
told hlr. Perkins what lo had teBtitled to- Ho
beloved at tho timo tho note was written that
| thero would be no trouble about tho reeaset
(Which WAS 1t tina: she did not object to-
yonr conduct in tho matter. or the giving Of tho
doed Al supposed 1t wnH to what had done.
MH. 1. J. GALLOWAY
testified that lo know tho land in question, and
TINT it was worth in 18C0 from &se5 TO $50 al,
acre,--not aB much as 1t VAS four years previous
OIL account OF t4e-rcal eatate business boing very
dull At that time.
MR. GEORGE r. POPE
vas then aworn. fIu stated TINT Ae waa tho
! ageut Ut AIr. Eaton in tho transaction. getting
authority frnnl him to Hcll, und tl1nt Mr. PeaB0
aud hn acted together in aelliug the property to
Mr.. Perkins. He corroboiated tho testimony OF