Evening journal., 1890-02-20
DULL COURT DAYS.
THE FERRY WILL CASE SLOWLY
DRAGGING ALONG.


chased the Testator's Rusiness-rhe
Diving Man Deceived His wife-Three
MccIoskey's Tell Their Tales.
At Yesterday afternoons session of the
Sunerior Court the trial Of the Ferry will
case was continued. But little Interest is
manifested in the case by those who are
not directly interested in the partition Of
the estate and the audiences which listen
to the testimony adduced are notably
small.
Gustavus H. Groves, who began giving
his testimony just before the noon recess,
was placed in the witness-box again. He
related the circumstances connected with
his purchase of the business of Haughey
& Ferry. He gave his note for 5000 in
payment for the same. He first went to
see Mr.. Ferry about the matter on Feb
ruary 10 or 16. Mrs. Ferry was in the room
during the bargaining, but because of
her deafness, she was unable to hear a
word of what was said. Mr.. Ferry was
endeavoring to conceal the matter from
his wife and at one time cautioned wit
ness not to talk so loud since Mary might
hear Witness said that he thought the
testator was afraid of his wife. When
Ferry asked him to buy the business he
asked Ferry how much he wanted for It,.
He said only the price of the material.
He then made list of all material and
told Ferry he and his partner, Latimer,
would give him 5000, the gross amount.
Ferry said: THAT does not include the
horse and carriage" The witness said
no, and Ferry accepted the offer. The
good will, the witness thought, would
| L.
Ferry was very weak When the wit.
ness asked for a written agreement Ferry
said: 81 am too weak to write; 80 and
see Mr.. Lally and l will settle with him.
On re examination by Mr.. Lore witness
stated that even while sick Ferry kept
we'll posted about his business. Mrs
| Ferry once said to him: "lf had known
as much as | do now l would have KEEP
the business and not allowed John to sell
| it !" The witness based his opinion that
Ferry was afraid of his wife because sh,
would object to Ferry giving his sister
about SO, 600 for nothing. 1t would hav,
been disadvantageous for witness if
after the death of Mr.. Ferry, Mrs. Ferry
had continued the business.
John McCloskey, a brother of Mrs
Ferry, testified that he had known til,
1
visited Ferry's house frequently and as
sisted to nurse him during the last tw,
weeks of his illness. The sick man sent
for him because he wanted the witness t,
assist Mrs. Ferry in the nursing. HI
conversed with Mr. Ferry frequently Just
before his death and always found hin
rational and able to articulate
distinctly. Ferry talked to witness OF
/ tho Sunday ,fcrh v,~for. -, HE n.
the night of his death DR.. Grimshaw was
sent for. The doctor only came wher
sent for. The patient complained tina
his physician did not come often enough
at this point In the witnesses testi
mony court adjourned.
This Mornings Session.
The Ferry will case again occupied tn
attention of the Superior Court thi
morning Judge Houston did not appear
on the bench until twenty minutes pas
10 o'clock. John McCloskey, Mrs
Ferry's brother, was summoned to tb
stand and his cross-examination wa
begun. Lawyer Spruance opened by re
questing the witness to tell him the time
Mr.. McCloskey pulled out an antiqu
looking silver watch and gave the attor
ney the hour.
Mr.. Spruance examined the time piec
critically and asked the witness where
got IT, Witness replied that it wa
formerly carried By the late John Ferry
but that after his death it became his
because his brother-in law had willed i
to him. He said that he never saw TIA
testator real i'll until the Sunday nigh
before he died. Witness said he coul
hear the patients voice in the furthes
corner of the room
Mrs. Margaret King testified that 81
: | was an intimate friend Of John Ferry an
= his wife. She went to see the testatc
three times during his last sickness. Sh
spent the entire day, February %, at tn
testator's house. She talked with th
patient. He inquired very particular
about her sons, calling them by nan
/ and hoped that they would be successful
He spoke plainly and seemed entirel
e rational and in full possession Of b
y faculties.
n James w. McCloskey, Jr., young
brother of the late Mrs. Ferry. was the
IS called to the stand He testified that
I. visited his brother in-law frequentl
e during his last illness and held numerol
G | conversations with him. He alway
e talked intellgeutly and inquired veI
!. particularly concerning the witness
II business prosperity.
70 Just before the noon recess Mr.. Lo
read the deposition of Elizabeth McClo
% key of Kent county, She testified th
her brother-in law, the late John Ferr
h was in full possession of his faculti
Il during the two weeks preceding
n DEATH