Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-12-30
THE WILL CASE.
TIE TAXING OF EVIDENCE COMMENCED
YESTERDAY.
SIX Witnesses in All on the Sand-Ths Testimony
Mainly Bearing on the Point Of Mr. RsillyS
Condition Of Mind About the Tina
the Will Was Nada

same large attendance OF spectators and
members OF the bar which had charac-
terized the two preceding days. In-
tersst in the case has advanced deeid.
edly within the past twenty-four hours,
and the cause promises TO become one
universally discussed and commented
upon.
The Court having opened, Judge
Melvin arose to a personal explanation
regarding the citation OF case made on
the previous day.
The first witness called for the will
was
THE VENERABLE n. LAMB,
one OF the witnesses TO the document In
controversy. lie was examined by
Judge Melvin. Gin stating his name,
sc, be said he was born In 1910
Own you please look at the paper
now shown You. and state whose sigma
ture that is? Anime.
Own you state how you came 10
affiX your signature? A.-As witness
10 the will OF Michael Reilly.
He said the psper was signed by the
testator previous 10 the placing Of the
signatures OF the witnesses upon IL.
"From what | saw of Mr.. Reilly and
! the business he transacted. and the
manner In which he transacted IL, IL Is
my judgment he was competent 70
make a will"
By Mr.. Hubbard: Q.-Now Mr.,
Lamb, do you remember anything abouI
! this transactiouP Any recollection
has been refreshed by the paper and the
certificate upon IT,
Q Except for that certificate you
didn't remember that you had witnessed
the will, did you? A Until ! was
shown the paper, and asked II my
name was to u. did not remember u.
Q-Except what Is In the paper YOU
| dOu't recolect anything about it2 A
| must stand 20 what have said.
This question was repeated IN several
! forms, with the idea Of showing lack
/ OF recollection OF tho details OF the at
testaton OF the will. To questions OF
when the Will was signed. who was
present, where Mr. Reilly was, whether
! sitting or standing, etc, witness said
could he recall how Mr.. Reilly
signed bis name except as
upon the paDer before him lie thoue1s,--
deceased usually sgned "MIchae
Reilly" In full, and IL was his recollec.
tiou that he usually spelled "Michael"
wrong. Witness signed the will as 9
witness, at the reques, OF Mr. Russell.
| but he did not write or assist In draft
! ing the will. or an earlier draft OF n, as
he now recalled. as could not recall
having talked with Mr.. Reilly about IL,
or Of Mr.. Reilly's calling az witness
house. II may have signed II from
talk with Mr. Russell, or from talk
with Mr.. Reilly, but be could not now
recall. lie couldn't recolect that that
he had talked with Mr.. Russell within
! the last Two weeks about the will. He
told Major Mitchell Thursday evening.
/ IL was his signature 10 the will. lie had
| no recollection OF Mr. Rellly's manner,
at the time Of his signing the will.
Q.-You said while ago you judged
Of Mr.. Reilly's mental capacity from
! his manner OF transacting this busi.
ness. Now, II you don't recol.
lect what his manner was, you can't
base his mental condition 90 that fact,
/ can you? ? Al didn't say this busl-
ness, but said from
HIS MANNER or TRANsAcTIsG BUSINESS.
Q.-Then you formed your judgment
| from his general manner Of transactins
! business? A.-Yes. Witness went on
70 say, in answer 10 other questions,
| that man who transacted business az
Mr.. Reilly did. must have been mental
| ly competent, but witness could not re-
/ call MIR. Reilly's method or manner oi
| transaeting business after the date OF
| the signing Of the will, although ha
may have seen him transact business
after that date. lIe would not under
take 10 fix the times OF his observations
| but would say generally that Mr.. Reilly
was competent from the business he con.
Quoted. Examined as 10 bis business
connections. as bearing on oDportuni-
ties 70 see and learn Mr. Reilly. witness
cited some instances IN regard % iE-
surance, aud said be began the In
surance business. a. secretary Of the Old
Fire and Marine Insurance Company
about 1897.
MR. HENRY ". RUSSELL,
one Of the counsel Tor the maintenancs
OF the will, then took the stand. He
knew Michael Reilly in bis life time,
and Identified bis own name and that
OF d. Lamb as attestIDg witnesses 20
Mr.. Reilly's last will. The names were
signed at Mr. Rellly's request. Dir.
| Reilly signed ia the presence Of the
witnesses. and they signed 10 Mr..
Rellly's presence.
o.-What was the mental condition
| Of SIR. Reilly at the time he signed that
Dape.? At was good. 10 ny judg-
meDt
HE WAS or SOUND MIND.
By Mr.. HutehIson:-Q.-What was
Mr. ReIly's age at the date Of that Will?
Al don't know.
Q.-What was hisconditlon? A-It
seemed 70 be good.
Q-Where was the paper signed? A.
AT the library Ia Mr. ID. Lambs
house.
Q.-When wsrs you first invited 70
take up the subject Of SIR. Reilly's Will2
A.-Not more than a week, and prob
ably not more than three or four days
| before the signing.
Q.-How many drafts were made? al
Two: one besides this one.
Q-Were any other drafts made be-
fore you made one? A.-Not 70 my
knowledge There may have been, and
| will not say there were none, bat
know OF none.
Proceeding, witness said he was irst
spoken 70 BY Mr. Reilly not more than
4 3 week before the viii was signed. Sir.
Reilly came 20 witness pfice, 10 = bug
ey. Thgre waseS driver IN the buggy
/ ..ith LII Mr-l---lLr AId not .nL 60