Daily Republican., 1890-02-19
FOURTH EDITION



Tht Mornings Court.
This mofn,ug's session Of the Superior |
Court opened promptly at 10 O'Clock |
with Chief Justicc Comegys aud A.ao-
clate Judge Houston on the bench.
Tho Ferry will case was again taken |
up and the hearing Of testimony In be-
hall Of the plAlntif resumtd.
Manuel R'ehenberger was sworn, anu |
testified that he had known John Ferry
for twenty-five Or thirty years. He had |
talked with him about making will, |
the last occasion being at Atlantic City
DURING the summer before be died. Henry
Courtney, John Ferry aud the witness
were oil sitting o. the hotel after dinner,
and % tho two fi-st named were then In
very bad health the subject turned on
making will. Mr.. Courtney said that
he knew pretty well what he would DO
with his property, and MIR. Ferry replied
that he would always remember his poor
old mother. and also . man who was
acting a. his foreman. The witness had
heard him cay on several occasions that
he intended to leave his mother a good
living BY hts will. He frequently referred
to this matter, and seemed fully deter
mined to make provision In HE will for
his mother.
On croes.exAm!natiou the witness said
that In all the conversations that he had
with Ferry, about making = will, he
never heard him cay anything about
leaving his wife anything.
Mrs. Margaret Gallagher, an aged lady
who until tho past two years resided at
Petersburg, Va. testified that she was
we'll acquainted with John Ferry, during
his lifetime. He made several visits to
Florida and always stopped at her house.
The last time he was there he was &C.
compapied by bis wife, and one evening
he remained out very late. When
he came In his wife had gone to
bed, aud the witness chided him for
remaining out 30 late, when he replied
that he did NOT believe he had . great
while to live, and that he intended to see
all the pleasure he could. He also said
that he would leave enough to make his
mother and wife comfortable a. long 10
they lived.
The question was raised, what would
become OF the parties who have pur-
chased and improved the property OF
John Ferry IN case the verdict OF the
Jury should be In favor Of the contsstAntsi
Mr.. Spruanco said that was all pro-
vided for, and produced paper signed
by tho contestants, In which they PROM
ised to secure to these people all their
rights under the purchase.
Argument on this question was con-
tinued for some time, when the court de-
cided that this was matter that did not
enter into this case aud that II the verdict
should be in the contestants favor 1t
would have to he settled afterward.
Mr.. spruarco read the document to the
court, aud 1t provides that iu the event
Of the last win being set aside and yer.
dict given In favor Of the contestants,
| they bind themselves to protect the pur-
chasefs Of the property OF John Ferry In
all their rights, and execute deeds aud
other necessary papers reconveying to
them these properties In lee simple, at
their own expense.
| They also agreed to protect them
against any loss that might result from
the verdict. This paper was handed to
Mr.. Lore by Mr.. Spruance, who after
wards returned 1t with the remark: "We
do not care for any aiterthoughts."
Mr.. Lore then called the Rev. Ben Ia
min 4. Keiley on behalf OF the heirs. He
said that he had been stationed at ST..
Peters Catholic Church In 1886, and
visited John Ferry In his last illness us a
trend. He was very weak, and his voice
was feeble, but he could hear and un-
derstand what he said by putting his ear
down close to his mouth. lie called on
him the week following the l4th Of Feb.
ruary and was confident that his mind
was clear, and his mental condition
good.
Mr.. Spruance cross examined the wilt.
ness at length, but his direct testimony
was not shaken iu Any OF It's material
points.
| y
was acquainted with JOHN Ferry during
his lie time, and aeted as Ills clerk.
During his last Hines tue witness visi-
ted him two or three times . week, until
the last ten days. He called on Mr..
Ferry On february, fteentn, 1886
when he asked 1.-THE witness If he and Mr.
Latimer would buy his roofing business
He inquired how much he wanted for IT,
and he replied only for the material OF
, hand. The testator also told him to lool
over the material. see what there was Of
= hand, and let him know next day.
After consulting with Mr.. Latino
they decided TO buy the business, an
Q called on Mr.. Ferry the next Afternoon
: He told Mr.. Ferry that they had cor
y cluded to offer him two hundred dollal
:. for the business, when the decease
studied for moment or so and the
d said: ''That does not include the hor.
o and buggy?' The witness replied tn
y 1t did not, and Mr.. Ferry said he W
satisfied. 1t was agreed that tho witne
l, and Mr.. Lalimer should give not
10 properly endorsed, for the amount
ninety days. He told the witness
!. cali on Mr.. Lally and get him to NAL
!" out an agreement, as he was too weak
!. write.
D. There was an account Of about +,
20 thousand dollars Agaipst Mrs. Hsughe
ip and either on the lIth or 18th Of Febr
AIRY Mr.. Ferry told the witness to 81
her clear receipt for the whole amour
p The witness was handed book by
Lore, which he identified a. john Fer.
q account book. He turued to page
pd which he said was Mrs. jaughey's
wn count that he had receipted Tor.
AT this point Mr.. Spruance rose a
said that last night The gentlemen ne
-, ciated with him in this case had be
a. served notice by Messrs. Lore II
,ed Bates 10 produce receipt given by g,
'ay tayus IL. Groves for John Ferry to Catl
+; rine Haughey. He said they had iou
ar me from Haughey " Ferry, signed
hr, ii. Groves, which he handed to \
a. Lore. The witness identified 1t as
", Taper In questi-u. aud 1t, with the
80. count book, was offered In evidence.
Continuing, the witness said that
lch took the receipt to Mrs. Hsughsy's 10
q and handed it to her. He could not Ii
what Mr.. Ferry said without putting
2 car close down TO hun, and then he co
wn understand every word. He did
yea notice any difference in lis manner
h9, doing business, except the weakness