Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-02-27
morlos son 4 Eox-sUIr.
conrso OF the Raiirond Lawyers in

2,
afternoon week Witness GrUves, who was
ion the stand when court adjourned at
the end OF the morning session, took the
stand again. The agreement OF sale be-
tween Mr.. Ferry and himself, referred to
st the morning session, was exhibited. 1t
was signed on February 22d, 1896.
On cross examination by Mr.. Bprusnce
Ithe witness said that he had been in the
Semploy of Haughey & Ferry for IL years.
He went to see Mr. Ferry about buying
his business on February 10th or 10th.
When he was talking to Mr.. Ferry about
tthe Bale of the business and tho settle
iment with Mrs. Hauahey, MIR. Ferry said,
t"Dont talk 30 loud; don't let Mary
know anything about it." Witness ad-
United telling Robert Frsim, ESD, Just
,betore the trial, that he thought Mr..
Ferry was afraid OF his wife. The agros-
nent was shown to the witness. He de-
claIed that the date had boon changed
end that he had no knowledge of II.
After Mr.. Ferry's death Mrs. Ferry told
witness that IL she had known as much
before her husbands death ss she did
then, she would not have allowed her
husband to have sold the business.
John MoCloskey, brother OF the late
Mrs. Ferry and one OF her heirs at Law,
said that he helped nurse NJ. Ferry dur
ing his last sickness. In conversation
with him, few days before his death,
witness understood him perfectly. He
first noticed sinking spell OH the Sun
day before hia death. Witness believed
that MIR. Ferry's mind was sound up to
his death.
Mr.. Spruanoe cross-eXamined the wit
ness searchingly about the sinking spell,
until the adjournment of court.
The Ferry will case was continued at
the session of court Thursday morning.
The testimony of James MoOioskey and
John McOloskey, brothers OF Mrs. Ferry,
and Mrs. Margaret King, was taken dur
ing the session. Ali testified that they
had frequently seen John Ferry during
his last illness, and that, in their opinion,
he was in possession of all his mental
faculties and fully competent to make
will. Court adjourned until 2.30 o'clock,
p. III.
The taking OF testimony In the Ferry
will contest was concluded at the after
moons session OF court. Thomas Il.
Lally and Patrick Neary, the witnesses
to the will, were among those who teati-
fed. Mis- Mary A. Bartel had testified
that Just before their visit to the house,
the day the will was executed John Ferry
had e severe sinking spell. Both gentle
men said they noticed no indications OF
such spell when they entered the SICK
room. Mr.. Neary said the will was read
10 Mr.. Ferry and the latter replied ''Ihat
10 all right; that is what w.nt."
The argument in the Ferry will contest
began in superior court, Friday morning,
both sides being limited to five hours.
George II. Bates, ESQ, opened for the
will and was 70 lowed BY John Biggs,
Esq, against it. The argument was uon-
oluded at the afternoon session and court
adjourned until Monday.
The charge of the court In the Ferry
will contest was deli cred by Obief jus
tice Oomegys of Monday morning session
of superior court. This opiuiou was very
elaborate, covering oil the enactments
with special reference TO wills and ex-
haustivsly review ng the pending case
He told the jury that il they believed
John Ferry to be in sound mind whom he
dictated and signed his will on February
18th, 1856, aud capable OF knowing what
he was doing, they should find for tho
will. Otherwise they should decide that
1t was not his will. AT HOE the jury
retired.
Hon. Charles b. Lors asked leave to
withdraw the application OF Mary A.
Fsntou for divorce from her husband,
Edward e. Fenton. The latter died sud.
denly on Saturday morning, and it was
desired that the divorce proceedings,
which were pending in this court, be
dropped. The request vas granted.
On motion of j. Frank Ball, Esq +,
Willard Hall Porter, Esq, was appointed
commissioner to take testimony in two
divorce cases, as follows; Bertha Haren-
burg vs.. Charles W. HarenDurg, and Ide
y. Courtney va. Oliver H. Courtney.
The case of Charles q. Stradley vs..
tho p, W. Il B. Railroad Company was
next started. 1t is an action to recover
damages for injuries received. Levi O.
Bird, Esq, Of this city, and Albert Con-
stable, ESD, OF Elkton, Md, represent
the plaintiff, aud Hon. George Gray and
George v. Massey, Esq, the defendant.
Fran panel especially selected for the
purpose the following trial jury was
drawn: James Megary, Spencer B, Arm
strong, John Il. Orossan, Charles Al.
Davidson, W. W. Ohesirs, Archibald
Armstrong, Francis L. Perry, Lewis
Miller, Thomas II. Mccoy, Stephen
Springer, Henry Cooper and Fran0is 4.
Gray.
Mr.. Bird opened for the plaintiff. He
said that Stradley was an employee of the
Pullman Palace Oar Company and was
working ON a ladder leaning against 4
Pullman pRrlor car, when shifting on.
CINE came from the p, W. II y. railroad
tracks into the Car shop yards TO remove
three pRrlor cars. box car, filed with
scrap iron, was at the end of the train
and when tho start was made, the box cal
Left its hiud trucks and fell egaius
Stradiey while he was working on thu
ladder, crushing him so badly that biz
left leg had to be amputgted Just below
the knee. The accident occurred OIL
December 1lth, 1883.
The plaintiff S.radley, hrst took The
stand and told about the accident. Ht
raid he was working on car ON track A.
The shifting engine and the cars it drew
we're on track Is, 8 feet distant. lila first
intiration OF danger was hearing q jerk
ing, rattling noise, and somsons osiei
out TO him TO get out of the way. He
was then about halfway up the ladder
which was IL feet long. He looked
around and saw the box Gar leaving the
track and falling over in his direction
He tried to scramble up the ladder to gel
out OF the way, hut the car caught hit
leg and crushed it Against the Pullman
car, at which he hGd been working. Ht
then fell and had no recollection o.
what immediately followed, as he became
insensible. Mr.. Stradley said that he ha!
family consisting of wife and twc
children, girl and boy of IL and Il
years respectively, He ia Car builder
by trade and before the accident earned
from $50 to 500 per month. lie ha
nh tfa np1 Unit