Evening journal., 1890-02-18
ATTACKING THE WILL
THE TRIAL OF THE FERRY CASE
RESUMED.

Jndge Houston arrived from George
town Yesterday in time to help make a
onornm on the Bench in the Superior
| Court. and at 2 o'clock the trial of the
Ferry will case was resumed Attorney
General Biggs beginning The case for the
plaintiff by placing Miss Mary Bartell
niece of the late John Ferry, on the wit
ness stand
She testified thai she lived with her
uncle and was one of the nurses during
his last sickness. He was sick for two
months prior to his death although he
| only took his bed one month before. He
had periodic weak spells and seemed
oblivious TO everything which occurred
in the room. He lay as If in a semi-un-
conscious state.
The witness remembered admitting
Messrs Neary and LallY when they came
to make the will. She and Mrs. Ferry
went to the sick mans room before ush-
ering them in and found chat Mr.. Ferry
had weak spell and was unconscious.
Mrs. Ferry is very deaf, and though the
witness shouted her remarks in her ear,
the sick man did not hear the converse
tion. Mrs. Ferry then gave a stimulant
to her husband which restored conscious
ness. Witness then went down to the
She did not remain in the room while the
will was being made, neither did she
speak to the gentlemen before they left
the house. He had these fainting spells
for two weeks prior to the visit of Messrs.
Neary and Lally Witness related sew
eral incidents which went to prove that
the testator was delirious. most Of the
time.
DR. Grimshaw was the attending ply
stefan and called at least once a day.
About six weeks before her uncle died
she heard her aunt ask him If he had
made will He replied in the affirmative.
She inquired if he had left anything to
his mother. He said: Yes and also to
little Mary, meaning, the witness.
Mr.. Spruance asked the witness if she
thought her uncle was capable of making
viii on the Feb, 49, 1886. She re-
sponded, emphaticaly that she did not.
Hon. Charles B. Lore, Esq, on cross
examination brought out the fact that
the witness was only IA years old during
the occurrences which she had Just re
lated The witness enumerated the pros
pectiye heirs in case the will was
broken, They swere. Mrs. Haughey. &
sister, James Ferry and Thomas Ferry,
his brothers, Lydia O. Bartell and her
self, nieces, Thomas Mckinley represent.
ing a deceased sister of Mr.. Perry.
She then stated that she had resided in ths
family four years Mr. Perry transacte
I his own business up to wo months before
. his death. She declared that Mrs
Ferry nufsed her husband faithfully
The severest fainting spell the testato
! had was during the visit of Messrs
! | Neary and Lally. Witness could no
, | state positively whether her uncle wa
: unconscious during these sinking spells
He always talked queerly after reviving
no viewer. She acknowledged that sh
expected to receive something from tn
y estate because she had heard her uncl
Z declare that he intended giving her
y snare. The sick man often failed
!, recognize witness though she nurse
\ him constantly. He had a spell REGULAR
every afternoon, Mr. Ferry was so wea
. that he spoke but seldom during his lai
sickness. He talked nationally when
did speak. The witness acknowledge
that she and Mrs. Haughey were Twin
in one Of the houses of the Ferry estai
without paying rent.
After Mr. Lore had done with the wi
y ness Mr.. Spruance took her in hand. n
le said she helped Mrs Ferry with Il
?. homework and was stopped from scho
- on this account. Her uncle was vel
IN fond of her and treated her as q daughte
OF MIR. Terry did not talk much because
" was always seized with a coughing fit il
= mediately after speaking.
y He merely asked for what he wante
~ She said soon after her uncle's death th
Oh she did not think him competent to ma
a will.
as Court then adjourned until 10 o'clo
y this morning.
in This Mornings Session.
ce Superior Court re convened at 10.
he o'clock this morning, and DR.. A.
2 Grimshaw, the family physician of t
ed testator was called to the stand. n
re- Spruance began to question him.
ID said he had known John Ferry for for
ID, years, as a boy aud man. de was
ed confidential physician and attended b
raj during his last illness He attended b
A constantly for the last two mont
he prior to his death He cal
lily sometimes once day, SON
in times once every ( three days. Z
7as patient became decidedly wo
of Just two weeks before his death.
this time he came to see him twice evl
day, then, because his family had co
planned that he did not come Of
enough.
At that time Mr.. Ferry was almost h'
less and requiring the most care
so nursing. He did not hold Conversat
son with him, because he did not consider
Inc to be in fit condition to converse "
m any one His voice was hoarse, his lui
est were full Of pus and he had all the
I. pearances af a dying man. He told
.nu family his days we're numbered.
I'VE The Doctor stated that the treatm
Der he administered to the dying man
Fas simply stimulants and good food 7"
q was aware that he was unable to c
son son him and he only strove to make his de
ny bed an easy one.
80 The witness declared that in his ju
~ ment Mr.. Ferry was not in fit condii
rest for two weeks prior to his death to tri
ana act business of any kind.
,y,a In response to the direct quest
l,,s whether he thought bis patient in a c
III petent state of mind on February
80 1886, to make his last will the testam
i. II. the doctor responded emphatically I
- he did not think him capable at that
~ to transact any business which requi
'een Judgment and discrimination.
Spruance asked him if his patient wa
such mental and physical state a
,vss render him open to the influence of Il
+ba who were attending him.
NIL The witness responded that he thou
III that because of she extraordinary d,
:, -, ton and tenderness with which his
L l.. -