Delaware gazette and state journal., 1896-06-25
THE pooGnnRrr.nasr. DO
Testimony beard on a Motion to vacate
Nhk tho order of Adoptton

nuence and that he was of unsound
mind at the time. William s. Hiles
represented DIR. Dongherty and Walter
ii. Hayes and Willard Salisbury repre-
scnted Moriarity. There is no rule TO
provide that testimony in orphans
court be taken by a stenographer. Mr..
Hilles desired the testimony, however,
and at Chancellor Nicholson g direction
u. @. Hardesty took testimony on
typewriter. This will permit the
statute to be complied with that re-
quiTes that witness testimony in
orphans court bo read over to the
witness and signed by him.
On this account the hearing pro-
ceeded more slowly than when steno-
graphic notes are taken.
The. first witness was the Rev.
Augustin Rufe of st. Andrews II. O.
Church, Ambler, Pa, who testified
that DR.. Dougherty was his parishoner
in the summer months. After Mr..
Hilles bad laid the ground by the wit.
ness, Father Rufe testified to the re-
ceipta a message from DIR. Dougherty
in November, 1894, asking him to call
at the Hotel Metropole. When Mr..
Hilles asked the witness to tell what
WAS said and done there. counsel for
the other side objected. Moriarity was
present at tho interview. The ques-
tion was finally limited TO DIR. Dough-
erty's acts and conversations and the
conversation Of others with him.
When the question was agl aed upon
| court was ready to take recess until
2. As o'clock.
In the course of the session Mr..
Salisbury asked that Mr.. Hilles call
Cornelius DougEerty by that name and
not by the name of Moriarity. Mr..
HilleH said, however, that he would
not be dictated TO by counsel, and
unless the Court required. would cali
| MoriRrity "MorIarity. - Chancellor
Nicholson ruled that the mans name
was Dougherty under the decree of the
court Mr. Hilles then said he would
call him Cornelius -
Father Rufe continued his direct
testimony IN the Dougherty case before
Chancellor Nicholson Monday afternoon
The unusual thing of witness
describing his states of mind while he
| was, according to his own allegation
of unsound mind, was feature of the
hearing Tuesday. DIR. John A. Dough
erty, who desires to have vacated
| tho order under which Cornelius
(Moriarity) Dougherty is his adopted
| son, testified that he had been NOR
addicted to the habit since being put
under the influence of morphine in a
Virginia hospital where he had been
sent to undergo an operation.
According to the witness. he met
Moriarity some time in November. He
could not fx the time when he applied
through Benjamin Nields for an order
OF adoption, and said that he did not
know of the adoption until he read it |
in Sunday paper at Penn's Groveil
tho following day. He had been
using morphine about that time. Wit
ness recolected that he had applied 10 |
Judge Elcox of Philadelphia for an |
order of adoption before the order was
made here. In November he had
thous It himself cured of the morphine |
habit. Concerning alleged misrepro-
sentations by Moriarity the witness
remembered only that he said be was
ID years OF age, when he was over q |
years at the time of the adoption. The
farther examination brought out that |
the doctor used TO drink about q quart |
of whisky day. lie related how he |
would take morphine aud whisky, |
throughout the day. Affected by that |
combination he would have hallucina-
tions followed by depression and col
iapbos n ibSthS WAS
Col. Benjamin Nields, who repre-
eented DIR. Dougherty in the applica-
tion to adopt Moriarity looked upon
the doctor as competent man ut that |
time. When the doctor saw him con |
earning the application he appeared to |
know perfectly well what he was doing.
lie had no children Of his own, he |
SAID. and he was so eager to aClopt |
Moriarity, for special reasons, that |
Col. Nields finally secured the order
OF adoption. The colonel also has some |
letters received from Dr. Dougherty |
after the order was secured, showing |
that he understood perfectly well after |
wards what he had done.
DIR. Dougherty was cross-exam
ined by counsel for the respondent |
Tuesday afternoon. He testified to |
making arrangements for an athletic |
exhibition in the Opera House and |
delivering speech challenging any
one in the world to meet Leeds and |
Moriarity.
He remembered paying $40 to get the
order adopting Moriarity, but did not
remember giving Col. Nields a check
or $3.50 He said he might have done
1t and might have made the amount
81, 900, 600. After he had come out OF
his artificial state-that is, from the
effect of morphine and whisky--he had
found many checks that he had never
heard of before.
He remembered being at the Hotel
Metropole with Father Rufe, Moriarity
and A Lindsay, when the clerk made |
an insulting remark about Father Rufe,
for which Dr. Dougherty knocked him
down. He did not remember whether
State Detective McVey and Captain
Kane helped him to adopt Moriarfty or
whether they represented the fighter to
be a proper person for adoption.
The only witnesses yestesday were
Judge lgnatius @. Grubb of this city
and ex-Judge Thomas II. Elcock Of
Philadelphia for the complainant.
Judge Grubb told the circumstances
OF the granting of DIR. Dougherty's
application for an ortlor of adoption of
Moriarity, which was secured from
Judge Grubb in orphans court. The
judge did not remember having ever
seen Dr. Dougherty or Moriarity.
Judge Grubb paid high compliments
to Court Stenographer Hardesty, who
is taking the testimony in tine case.
When he had concluded bis testimony
Judge Grubb was asked IL he desired to
have the stenographic notes read oyer
to him, as had been done for other
witnesses, SO that he could sign them.
He replied that he was perfectly will
ing TO sign the, ,stenographic notes as
his exact testimony, and desired to say
that he had never in his experience