Evening journal., 1890-07-18
ARGUING The CASE.
Counsel Now Talking on the McGrenera
Case fn Orphans Court

! 1ue OfpnAuS IOufb resumed ltS Sittlne
at 2.30 o'clock yesterday afternoon tc
hear the arguments of counsel In the
Mc6renera case.
Willard Salisbury. Jr., opened the
case for the defence. He argued that
the mere fact of woman, while away
from her husband, committing adultery.
forfeited her right to the dover, whether
her leaving the husband was through his
fault or not. In support of this argu-
ment he relied on the authority of Lord
Coke, and quoted extensively from the
statute Of Westminster. on the laws
bearing on divorce and the right of
women living In adultery claiming part
of the husbands dover.
He next took up the several witnesses
for the petitioner separately ard demol-
ished their evidence, without mercy,
undertaking to show that where such
evidence was not incredible and contra
dictory, it went to prove his case He
said he was grateful to the counsel on
the other side for the production of such
witnesses as Miss Grace Teak. whose
testimony. he asserted, went to prove a
| coincidence and strengthen the evidence
of Mrs. Ferguson, which it was expected
to demolish. He referred with wither.
ing sarcasm to the lack Of memery, which
| characterizes nearly all the evidence Of
| the witnesses on the other
side except during the time they wished
to prove this alibi. He contended that
nearly all the witnesses said that peti-
tioner visited Delaware Just before her
brothers trial in 1879, which visit they
aVerred took place in October; and all Of
them declared it utterly impossible for
petitioner to be in state approaching
maternity without their knowledge.
Now he contended as the trial took place
in December, this visit occurred subse
quent to, not before the birth of the
child, and the approaching festival,
which they all remembered was Christ
mas, not Halloween.
He did not wish to charge any of the
witnesses with perjury but he (Mr.
Salisbury was either an unconscious
thought-reader, or Weber Dixon came to
that court prepared to swear anything
asked of him. Counsel said he mad fixed
imaginary dates and visits, and Weber
Dixon remembered all There was one
witness whose testimony he was unable
to impeach that of Philip Gaerty, who
Kept the saloon at Thirty-Third and
Market streets, Philadelphia, over which
1t was testified Mrs. McGrenera lived
weight of the testimony was in his
favor.
During the delivery OF Mr.. Saulsbury's s
address, Mrs McGrenera looked glum and
downcast, until he referred to her nerve
on the witness stand, when she
frightened up and tried to exhibit her
usual degree Of cheerfulness The ap-
pearance of Catherine McGrenera during
this speech was one of triumph. Her
eyes lit up with enthusiasm and she fixed
a triumphant look on the petitioner who
never deigned to notice her. Mr.. Sauls-
bury spoke three hours and fifteen
minutes, and had not concluded when the
court adjourned. The case will be re-
sumed to day.
The Orphans Court sat at 10 o'clock this
morning and resumed the hearing of the
McGrenera case. Nopersons were IN the
court beyond the parties concerned ia the
| trial
| Willard Salisbury, counsel for defence,
continued his speech. lie opened with
a terrible onslaught on the evidence Of
cred by petitioner, most of which he cut
to pieces and utterly demolished Turning
t. that offered by the defence. he
launched forth into a powerful vindica
tion of his own witnesses, whom he de-
clared were honest and reliable, and
against whose character no one could
print stain. He declared the petitioner
must have been an extraordinary double.
The woman whom he sought to prove
to be the petitioner was born in Donegal,
Ireland, where petitioner came from,
lived in Delaware q number of years.
went to Philadelphia, married a man
named James Andrews, which name
petitioner admitted bearing and was
recognized by Ave reliable witnesses, who
knew petitioner fer longer period than
a day or week. Documentary evidence
was sn hand, showing such marriage took
place, showing q child named Robert
Andrews was born of James Andrews
and Mary Dugan, the maiden name OF
petitioner; showing that such child was
afterwards placed in an orphan ASYLUM
by its mother, Mary McGrenera.
Great Heavens, he exclaimed, "where
is the room for mistaken identity" He
waxed eloquent when comparing the con.
duct of Catherine McGrenera towards
Cornelius with that of the petitioner.
Catherine supporting that brother in his
illness while his wife was nursing the
bastard children of other men Justice.
right, decency and fairness, he declared
were on his side, and he left the case in
the hands of the court without fear Of
the result Mr.. Saulsbury's speech was
very eloquent, he displayed more than
ordinary forensic ability, and pressed his
points sometimes with almost savage
energy
MIR. Davis then replied on the part OF
the petitioner. His speech was chiefly
an augmentation as to whether q wife's
leaving her husband through his fault.
warrants a forfeiture OF the dover.
whether she is guilty.of adultery or not.
BE quoted extensively from English
Common Law, and the Statute of West
minister, and relied on the authority Of
Chief Justice Tindall, Taylor or Law.
and Stevens in support Of his argument.
he undertook to put together the evil
dence which had been torn In fragm .nts
by Mr.. Salisbury, and proceeded to hack
the testimony on the other side Phila.
delphia was filed with persons Of the
name Of Andrews and Dugan, and it was
quite possible for a woman named Mary
Dugan to marry man named Andrews
Official Board Does Net Meet.
The meeting Of the ofacial board of
The Union M e. Church which waa 70