The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-12-29


test in the circuit court, before Judge
John A. Campbell, started with the at
tempt to secure two more jurymen to
complete the panel OF twenty. 1t soon
proved successful, the additional ones
being salatbiel CuFtis and Herman
Doepke.
The work OF selecting tho jury Of
twelve men then commenced. both sides
scratching the names OF four men. This
left the jury as follows: G. A. Burke,
Ii. Clay Hunter, Fred Forester, NJ. L.
Gihen, John Mitchell, James A. Wood,
G. W. Humphrie3, Joseph B. Atkinson,
P. q. Noble, Samuel Hartman, SaIathial
Curtis and Herman Doepke.
Court theh adjourned until O'Clock
in the afternoon.
Tho afternoon session started prompt
ly at 2 o'clock. There were present
nearly all the contestants, Archbishop
Kain, Mgr. Sullivan, and even a larger
crowd oil spectators than was on hand
at Wednes !aS''s session. One oil the
twelve lurymen was absent at the start
and wait OF q few minutes resulted.
In this connection the unusual degree
OF marked intelligence OF the jnry was
generally commented upon.
JUDGE MELVIN OPENS.
Judge Melvin opened the case for the
defendants, and addressing the jury
made statement OF the case. The
will in contest, he said, was recorded
in the county clerks office as the last
one made by Michael Reilly. Eleven
months afterwards petition on behalf
OF the children was filed praying and
appealing that the will be not accepted,
stating that the testator was not oil
sound mind. Tho result is the present
trial before a jury. There is no ques-
ton as to undue influence upon Michael
Reilly's mind; no question as to the due
execution Of tho paper. The contest
ants rely on the allegation that his men
tai capacity was impaired. The evil
dence will take wider range, perhaps,
and it is important the jury should have
full understanding.
Michael Reilly was for many years q
resident OF Ohio county, of advanced
years when he executed the will, over
eightv-six years; commenced business
for himself in early youth. He was in
business months after this paper was
executed. His business was history
of expansion, and record Of business
aptitude the business at his death the
largest. in the state. All this time he
gave his personal attention to the bust
ness, unassisted so far as he knew. His
record was one OF financial success, and
gave him reputation as high-class
business man; also as tinancier, being
interested in q number OF financial in
stitutiona In all he was trusted Off
Cial.
He had six children, five sons and
one daughter. He was, as he had said,
practically unaided in his business. He
excepted Thomas, the son who died; he
did aid and assist, not as n partner, but
satisfactory to both. He remained with
his father to his death, a trusted son
and employee. Not so regarding the
other sons. What are the facts and
particulars will soon be disclosed in this
trial. They were not
TRUSTED AND RELIED
upon as was Thomas. What was the
cause, he did not know, but there
was not much in common. He
would further except James V. Reilly,
who had been an employee of the Main
street store. AS to Michael, according
to his information, years ago, he and
his father separated, the particulars Of
the quarrel ne knew not. Their paths
diverged and they never met. The feel
ing resulted in the father giving
Michael small bequest.
Thomas, the trusted one, died in the
spring Of 9l. How far that event may
have changed the testamentary dispo-
sition OF the old gentleman can be
guessed at; it seemed to have worked
great one. His information was that
before that another will had been made
bearing date of 1885; it will be offered
in evidence in this trial. He then had
different ideas in part as to disposition
OF his estate, yet there are features not
dissimilar, BY that will Michael was
left but small bequest; Thomas,
George V. and Mr.. Jameson were made
executors, and a distribution was pro-
yided for, among his children, exclusive
of Michael and James. This serves as a
declaration OF his intention at that
time, rejecting his later sentiments.
Alter Thomas death he executed the
paper in contest, signed in the pres
ence OF Mr.. Daniel Lamb and Mr..
IL. NJ. Russell as witnesses. Before that
time, Mr. Reilly called on Mr.. Russell,
asking him to assist in preparing will
he proposed to make. Mr., Reilly stated
whom he desired as executors and
trustees, what disposition, how the
trustees should act, provisions for the
support OF the children for period of
wears. All OF the provisions OF the will
we're told by Mr. Reilly and taken down
in writing. A draft was submitted and
then another prepared, ana after care
full deliberation was approved, and then
executed. No emergency, no haste, on
the contrary there was delberation aud
reflection; it was approved and eXecut-
cd by him.
PROVISIONS OF THE Will.
Judge Melvin then called attention
to the provisions OF tho will, 1t names
Right Rev. j. j. Kahn aud Rev. ]. 7.
Sullivan trustees, and gives them power
to name successors 10 them is given
ali the property, to control without
limit, except that Investments shall not
be made in church interests or prop
erty. They are required, out OF tho
property, aggregating S6O0000 to sup
port and provide for certain children
and grandchildren such sums us the
trustees may determine. To all the
families, except Michael's, this pro.
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