Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1890-02-14
FIFTH FIFTH EEnnII?II9!.


administrator Of Mary Anp Fer,v
ceased, wss resumed.
Thomas u. Lally, who was und,, y.
Spfuance's merciless eross.e,ar,ir,aA
when court took tho recess Al Ivy.
wAs recalled. and in answer ia
bpruance's questions said that Ia Il;
been acquainted with John Fem 4
fifteen years previous to bis deceue =,
that he had done roofing lor The vim.
When he called on Ferry, February n
1880, he told the witness that la vm,.
70 make another will, aud Tor lin
take the hrst will with him and mi.
some notes from that He al,o n,,
some other hotes In accordance win N,
ferry's rsQusst.
Yesterday the witness testified ,hu
made his notes on some blank psYr d,
he took with him, but this morrip,
said that he made the notes on Fetrpu
10, aud on the back Of the preyou N
He explained this by saying b. I'M
that he took notes for the fr,, viii
paper that he took with him.
Mr.. Spruanco then asked linn xMu
the provisions oil the first will VIA
Lally appealed 10 M. Lore TO I'D
the question, which he promptly GA
This caused Mr.. spruance to ha
CARA you the Thomas X. Lally Il
marked In tho directory as Tixs
Lally, attorusy-at-IAw?"
After . siight hesitation the wlamr
piled: az am"
''Are you Q member OF this bars
s'No. air; but l was . member
Washington bar before came hen
swell, then, hope, cir, that ycln
II Il your duty TO answer my GUS
without calling upon your counsel v
ject."
This brought Mr.. Lore to hi. i.,,
he defended the witness IN viCH
manner, declaring that Mr.. sprul,d
questions were improper aud that hi
surprised with bis asking them.
When he concluded Mr.. sprosua
marked, dryly: "That's very lu,truei
Mr.. Lore" and proceeded with The
! animation OF the witness.
"What did you do with that hnl w
inquired Mr.. Bprusnce.
al returned Il to Mr.. Ferry"
| NJ. spruancs then said tina! b
served 8 notice on Mr.. Lore to potu
this will In court, which ho lad nfu
to do.
Mr.. Lore then stated tbs, bs N
nesday night, Charles n. Cats n
came to his house with prnhaA y
spruance, Tor him 10 produce MWSa
wlll. Al he was buoy with tho ~
the time he could not attend to u
however, said that he supposed ,ha
was In possession OF Mr.. McClosksy
that no would secure It IS soon Z
could.
Nr. spruauce then proposed ade
ing tho crosa- examlnation oil MI.
until this will could be produced
upon Mr.. Lore's objectiug another
' ment ensusd. II was finally declda
, suspend proceedings and send ia'
missing paper.
81 VERDICT IN THE STEWART CASE
ll.8O o'clock the jury In the
OF Ste wart W. the p, w. " Is. HAll'
~ Company came In, after having beel
y nearly twenty-iour hours, win .
3 dict in favor Of the plaintiif for "
y and o ccnts costa. Mr.. Massey liam
~ ately moved for . new trial.
1t Is understood that at frat i've o.
Jurors were 10 favor Of rendering
dict in favor Of the defendant,
D, some OF the others were willing 70
q the plaintiff the full au0uni cliI
10 There were sti.kpthers who were no
I. favor OF alloWJsl1 tho prsnsrsAfS.sA
amount claimed, but we're hli'
allow him something. With lib
siiy OF opinion It seemed prd Ala'
last night that the trial wouli ~
another disagreement, but th md
the Jury, alter again discussHog lhs
u ter. sqreed on the verdict ~ r>ndsrf
Z. Shortly before IL O'Clock the mefst
10 despatched for the papcrs Of The
I'd John Ferry returned with then, ,rd
- cross-examination OF MT. LallJ w
" sumed. In answer to M. spruanese
said that before writing the last VI
ry marked on tho first one that oil to
=. erty, with the exception OF lev
X quests. was to revert to Mr.. ierJt
absolutely. Among these was o.i
= TO st. Peter'a Catholic Church Of sla
Mr.. Bates then Withdrew HE objscl
to the witness answering question:
corning the fret will. when Mr.. sPu
remarked: ~ wish you had dons
twenty hours ago."
c. lie then questioned the witness NJ
" ton to this frat will, and he said
under its provisions Mrs. Fern
mother Of the deceased, was glNs
property at the southwest corr
seventh and French streets and
property over Third street bridge
use during her lifetime. Al her
= It WAS TO be divided equally
Mrs. Hsughey, Ills sister, and her
dren, the remaining half betHee
two nieces OF the deceased.
rest OF the property, consisting Of
at No. 800 Jefferson street, sia
Madison streets, aud on Bennei,. \
art above Eighth. with . lot 90 t%1
~, street, was given to his. pie isss !.
lie The witness could not reiaeaa,.' !,
paid him for writing tile sts
thought 1t was Mr.. Groves, saa
acting 80 secretary for Mr. faM
urt charged % for writing the frst wy
nd Mrs. Ferry offered to pay hlu "
rn second will. but he did mol ''
or having taken II. an III
i, Mr.. Spruauce produced bill ~
Of ceipt dated January 2lsf, 1917, y"
aid Lally to Ferry for 81 for wiring NJ
Pre- Pre- Will, when the witness silu
thought the extra dollar was IN
IN thing disc. ,1n
r,y The sams Witnesses slsnel WI
he. and the first will was e2ecux
ar. stairs At Mr.. Ferry's house on
iii ~, 1885. When the seconu'
i'm drawn the deceased said 20 'ns
aes that he had perfect eoniiuen.
ie. wife, and he felt sure that MA
the take care OF his mother. lie s
ill., anything about his widowed snTTs
md Haughsy, or his two nleee q, ~
m ness afterwards said he 1la
ate Mrs. Haughey and said u"
led done enough tor her. .,.,drtl
~. In explanation of his el' M
lis will in regard TO his moihe,' h,
ard told him that he was afraid il ~
lei property In this way 1t WOW "a hi
inc wife some trouble in fesaFd