The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-12-30

defendants. The case was opened up
at $3.50 o'clock and at that hour the
largest crowd OF spectators yet seen dur
ing the trial was on hand, every seat
being occupied.
The first witness was Mr.. Daniel
Lamb, VINO witnessed the signature OF
Michael Reilly to the will. The witness
said that in his opinion the maker OF
the will was in a perfectly capable con-
dition to execute such paper. On
cross-examination the witness said he
remembered the substance OF the paper
in question. lie did not remember
whore no signed the will, and did not
know now the maker signed It. Neither
did he remember the manner OF Mr..
Reilly when the will was executed.
The second witness for the defenders
of the will was Mr.. Henry NJ. Russell,
who attestcd 10 the signature OF the
maker. In sac Judgment Of the witness
Mr. Reilly was Of sound mind when ne
signed the will in contest. On cross cX-
animation by Mr.. Hutchinson 1t deVe!-
opeG that the will was aligned III the IL
brary at Nh. Lambs home. The wit
ness had been requested q Week before
to make draft OF tao will. witness
then gave n sketch OF how the viii came
TO be made. Mr.. Reilly visited him two
times about tho will. The last occasion
was on this evening OF June ., 1871,
vixen tho will was signed. Witness
said Mr.. Reilly was then in his usual
physical condition. Witness said Mr..
Reilly wos at that time capable
of com pretending the will MS ex-
ecuted, Asked MS to whether
he knew whether the trustees would
accept the trust, witness said he had
asked Mr.. Reilly about that, and he had
answered that lie had seen one, who SAID
it would be all right. Witness had not
noticed any drowsiness. and had known
Mr.. Reilly nil his life. Witness was
asked il Mr.. Reilly knew how to spell
his own name, and answered that he
did. Witness was shown the will, and
the faulty spelling, and said he did not
consider this as showing mental weak
ness. After cross-examination the wit
ness was excused.
AFTERNOON SESSION.
The attendance at the afternoon ses'
sion was fully up to the standard set by
the previous sessions OF the court dur
ing this trial, and it becomes evident
that it is attracting more attention and
interest than any legal contest in the
county within late years. 1t was after
9 o'clock when the court came to order,
and the next witness was called. At
that time every seat in the room was
occupied and the two aisles We're packed
with interested humanity.
Judge Melvin first read the Michael
Reilly will to the jury. AS the Judge
read the signature he was interrupted
by Mr.. Hubbard, who asked ii it was
signed "Michael" Reilly. The judge
answered that it was so lar rs he could
see, and that II Mr.. Hubbard saw other
wise he couldn't help it.
Judge MelYln-l believe We rest, your
honor.
The first witness the contestants
called was George Baird, who had known
Michael Reilly for many years, and the
acquaintance continued to the time OF
\ his death. He had seen him frequent
" in the years 1890 aud 1891. As to
change in mental condition he had no.
ticed change in thespriugoflS9l, when
he had business with him as clerk OF
tho city water board. He gave an iu-
stance Of tho mental incapacity OF Mr..
Reilly, and had remarked afterward
thst ''the old gentleman is silly" This
was in the spring OF 1891. He saw him
afterwards several times. and he was al
WAYS attended by 'darky" boy, who |
helped him in and out OF his carriage.
Before the circumstance mentioned, no
had been accosted by MIR. Reilly, who |
insisted his name was "Fisher."
Asked il he was forgetful, he said he
was, and based his opinion on the sew
eral interviews he had with him. He
did not think Mr.. Reilly was at that
time capable Of retaining in his memory |
facts and circumstances. This latter |
question and answer were excepted to
by the defendants.
"Was he capable OF making will in !
the summer OF 1891 2" asked Mr.. Hutch
inson.
,Ir. Russell excepted to this auos-
ton, as it looks Tor an opinion not
based on facts. The jury is the body |
TO say whether Mr.. Reilly was capable |
of making will.
Mr.. Hutchinson changed the form OF
his question: "What, in your judg- |
ment, was Mr. Rcilly's mental condt-
ton at that tlme?'
SAID TO BE SILLY"
The witness said he was not compe-
tent to answer the question, but that no
had said che wac silly"
On cross-examination he said he had
two interviews with Michael Reilly, but |
could not say the exact time when they
took place. The interviews were per-
haps about disagreement on rates. !
He was asked ii they had not taken
place in 1890 or before. Witness did
not think so, Gad could not decide rs to
the exact time without reference 20 the
water boards books, Mr. Russell asked
that tho cooks be examined after he
had completed the examination OF the
witness.
lie was asked about the two inter
views, aud said thcro might have been
three or more. He was asked to give
nm account OF the conversation ut tho
two interviews, but said no couldn'L
Tho conversation was on the subject OF
rate fer an elevator in tho Reilly
building on MarI;e: street, which he
claimed was too nigh.
Mr.. Russell--What did no forget
about what You said to him?
witness-Ae forgot everything l told
him.
On further examination ho said he
could not give the substance OF the In
terviews, The want OF intelligence on