Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-02-20
g II Was" .s.~ "m

'How was 1t changer"
"Wsit one moment, Mr.. Lally," inter
posed Mr.. Lore, aud again the desired
inform ation was blocked. Nj. Lore OBJ
jecsed to Mr.. Spruanos's tactios as tricky,
unprofesBionai and unfair to the witness,
who, he said, is q respected citizen,
whose standing in the community is as
good az Mr. Sprusnos's.
MIR. bpruauoe accepted this rebuke
with q good-natured laugh.
MIR. Lore said the other side had served
notios upon him last Wednesday night
to produce the first will Of John Ferry,
but thus far search of the papers Of the
deceased had failed 70 reveal the existence
OF the document.
Mr.. Spruanee told the court that after
the other side had ample time to look for
the missing will he wanted an oppor-
tunity to renew his crosr-exsmination of
Mr.. Lally. The court said he could sue
pend tho pending cross-sxaminstion and
have the desired privilege.
MIR. Lore said he woald renew the
search for the first will at the first oppor-
tunity. MIR. Hpruance wanted to knew
how much time he wanted, and Mr.. Lore
said he would try to either produces the
paper or account for it tomorrow morn
ing.
At the suggestion OF the court au i'm
mediate search was made, and proceed
ings were suspended while James W.
McCloskey, Mrs. Ferry's father and nd.
ministrator, looked through the papers of
the deceased Iu about half an hour be
returned, and Mr.. Lore announced that
lac will not be found, and that the In.
preston was that it had been lost or de-
sEroyod.
| Then Mr.. bpruanoe claimed the right
1 TO prove the contents OF the will by MIR.
I Laily, which WAS not denied. MIR. Lore
said that il the will turned up at any
time during the ial it woald be pre-
dHced.
The oross-sxaminatipr Of MIR. Lnlly
was resumed. He said ths first will be-
queathed 300 to vt. Peters Orphan
School; house at tho south west corner
OF Seventh aud French streets aud some
property over Third street to his mother
for her life, st her death to 90 TO
Mrs. Ha1ghey, his sister, and his nieces,
the Misses Bartel. The residue of the
estate was btqueathed TO his wife, who
was appointed executrix. This second
will made the bsquast of 300 to at.
Peters Orphan acnuol, aud begusathed
all the balance of the estate absolutely to
his wife. MIR. Lally said he had no copy
Of the fEst will, or written memoranda of
its contents. He received $6 for writing
the two wills, and identified rece pit for
the payment Of the money, which Mr.
Spruance produced. He was alone with
MIR. Ferry when the latter gave him
instructions about the second will. Mr..
Ferry said he felt sure that his wife
would do the right thing for his mother,
who had been remembered in the first
will.
MIR. Spruance kept the Witness under q
close oross- examination as to all the cir.
oumstanoes attending the writing of the
two wills. The inquisitinn continued
until the noon recess.
a very important feature OF this case
is the faot that Mrs Ferry, during her
life, disposed,of portion of the property
ahe inherited under John Ferry's will
Edwin W. Jackaon purchased some lots
on Morrow street between Eighth and
Ninth, upon which he erected row OF
houses, 30 that the property Ia now
worth about $4,000 Frank P. Dillon
purchased aud improved 9 lot on Wind.
sor street and Edward e. Hanna pur.
chased the property No. 1928 Jefferson
street, which, with the improvements he
subsequently made to IL Is now worth
between 81, 900 and IS 900. Theas proper.
ties, aud some others which were sold, II
the will is set aside, will revert 10 the
heirs of John Ferry, and the holders are
naturally uneasy. John Ferry's estate
was slightly encountered, and the salel
were made for the purpnsesotspsying the
, debts. The present value the re-
mainder OF the estate is about 800, 900
no t1rN in he 80 n
|, Stewart vs. the r., w. Il b. RAILROAD
, Company, who retired at IL As O'Clock
Thursday afternoon, remained out al
,, night. Outside the jury room disagree.
ment was freely predicted, hut the Nom.
. hess of the jury had fully made up their
, mtnds to agrees IL they had to remain out
week. supper was ordered Of O'CLOCK
and about 10 O'Clock the jury retired Il
bed, bat did not get much sleep on ao
connt of he ''skylarkingn tactics Of sev
eral fFisky members, who made things
lively until nearly daylight 6eyera
, ballots were taken during tine night, bu
did not effect any progress towards {
unanimous conclusion.
Early in their deliberation the iufy
! agreed upon d verdict in favor of the
!, plaintiff, but II was long before an agree
lnent upon the amount OF damages to bt
awarded him could be reeched. Som,
waEe az low as $1,000, and tho highes
figures proposed, IL ia said, were $4,000
4 between these extremes the jurymei
Wrangled Intellectually for hourH.
At I.30 O'Clock Friday morning, after
!. deiihesation that lasted ~ hours and II
! 1niru.ss, the Jury came into court snt
:, announced verdict for the plaintiff will
damages assessed OF 81 $40.
y At Mr.. Massey's request the jury WA
poiled, after which he moved for an ar
a rest of Judgment and new trial. Ii
- asked time to confer with his colleague
y Senator Gray, before filing his reasons Il
support Of the motion, which he though
would exceed the four days allowed b,
= lay. The request was granted.
y Court, ut o'closk, to k d Fsoess u ii
$50 p, m. $685.
> The Ferry will contest continued q
!. the afternoons session of court, wit
:, Thomas Il. Lally still on the stand
4 lie said that John Ferry, in debating tn
= terms of his last will, by which he be
= q1eathed everything to his wife, declare
I, that she would tahe oRre OF his mother
= AS to his sister, Mrs. Haughsy, ne al
y serted he had already done enough &c
i her.
- Patrick Neary, the other Rttesting wit
I, ness to the viii, proved his signature an
a also those OF Mr.. Lslly and John Ferry
N The latter, he said, seemed at the time {
Q ba of sound and disposiug mind, an
!, declared the document to be his last Wi
!, and Testament. Mr.. Naary said he ais
4 witnessed Mr.. FerEJ's previous viii
"a With reference to the change in the late
IA will, Mr.. Ferry said 30 the witneas tbs