The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-12-28
STARTED At LAST.
The Attempt to Break the Famous
Will of Michael Reilly
OPENED IN The CIRCUIT COURT
Yesterday Mornlng-A large Crowd
in Attendance Throughout tho Day.
The Day Occupied in an Attempt to
EmpanoI Jury-The Statement of
tho Case will Como To-day, Prob
abIy-1he Famous Will.

case tried in an Ohio county court has
attracted so much attention as the con.
test OF the will OF the late Michael
Reilly, which commenced yesterday
morning in Part 1 of the circuit court,
Judge John A. Campbell on the bench.
When the case was called at $3.50
o'clock, there was a large sized crowd
present, including the large number OF
witnesses and interested spectators.
The scene presented then was i'm
pressivo and memorable, viewed from
the judicial seat. 1t is seldom that so
many lawyers OF the highest standing
and reputation are gath cred together
in Single case at law. For the con-
testants, Hon. John A. Hutchinson, OF
Parkersburg, one OF the foremost attor-
neys of West Virginia, and Mr.. w. P.
Hubbard, OF this city, assisted by Mr.
s. g. Smith, were present. For the de-
fe1dents the legal talent was not less
brilliant, and included Attorney Gener-
al I. S. Riley, Mr.. II. NJ. Russell and
Judge Melvin. 1t will be seen that the
interests OF both sides will BIO ably
watched.
At the right Of the chamber, in front
OF the rail, sat the several Reilly heirs,
including Michael Reilly, OF Chicago,
whom his father cut off in the now
famous will with $40; George V. Reilly,
OF Wheeling; James V. Reilly, OF this
city, and John J.. Reilly. Gathered to-
gether they impressed one rs being the
typical business men OF tho day. Near
them sat Mrs. Thomas NJ. Reilly and
her daughter, Miss Matilda.
At the left near the counsel ior the
defendants sat Rev. Father Sullivan, OF
the Cathedral, who in the absence OF
Archbishop John ]. Kain, was the only
one of the defendants present during
the morning.
The eutire morning session OF the
court was taken up in an attempt TO
gather n jury, which at II o'clock had
not proved entirely successful, and at
that time an adjournment was taken
until 2 o'clock IN the afternoon. In
the meantime deputy sheritts were
securing Ritchietown and other parts
OF the city hunting candidates for jury
men. During the morning i've gentle
men who were examined as to their
qualifications expressed themselves as
having made up their minds about the
case they were Messrs. W. Il. Fisher,
Albert Schenck, Stephen Waterhouse,
L. A. Warneke and John Anderson. 1t
was seen the jury would not be sworn
in until late in the afternoon, so Judge
Campbell dismissed the witnesses until
$3.50 o'clock this morning.
At the beginning OF the afternoon
session it became known that one OF the
fifteen Jurors on the panel, Jacob Loci
Ter, had said that he had al opinion; he
was examined by the judge. According
TO the mans explanation he had only
expressed what he saw in the daily pa
pers. He remained in the uncomploted
panel.
Four more men we're next brought in
aud Judge Campbell made a statement
of the case to them. John Redman
said he knew what he would do quick
enough if he had anything to do with
the case; he was excused. Bernard
Spe.del was in the same boat; William
Plummer likewise. John Dixon couldn't
avoid the catching disease OF "preiu-
dice" and was also excused.
More material was brought in. in an
endeavor to fill up the panel oil twenty.
The first pair were prejudiced and
"stood aside" The third man was in
the same condition. Charles Bickerton
had mo present opinion" and was
added to the fifteen already drawn.
Daniel DAugherty said mis- opinion
might be contrary to the evidences" he
was excused. Henry Robrecht had no
present opinion at the opening OF his
examination, but on cross.eXamination,
said he had had one, but would judge
the case GU the evidence, He was eX-
cused.
Platoff S. Noble had neither expressed
nor formed an opinion and was accept
able. Samuel Hartman knew nothing
about the matter" and was also one OF
the elect.
At this point fifteen moro names were
drawn from the box and deputies were
sent alter the men. In the meantime
nothing more was done in court. 1t was
alter 1 o'clock when more prospective
Jurors were brought into court and eX-
amined.
1t was nearly o'clock when the court
again came to order, and then only
three or four OF the fifteen last sum-
moned we're on hand. Mr.. Hubbard
was in favor OF filling up the jury out OF
those present if possible. MIR. Russell
said his side would not be party TO
any extraordinary delay, but wanted
the regular order followed. Mr.. Hutch
inson said the court should examine
those present aud reach the object in
view-a jury. Mr. Russell said that
the man first on the list should be first
examined, but as he was not presen:
this was not possible, aud this being go
Mr.. Hubbard wanted the men present
examined. The Judge gave no decision
regarding the matter, and shortly after
the iurymen already selected we're OK
cused until $3.50 o'clock this morning,
when court again convenes.
Adjournment was taken at 5 o'clock.
The panel then lacked two OF being
filled. The eighteen selected were
frankie. Noble, Louis Ball, Charles A.
Burke, II. Clay Hunter, W. S. Cole
man, Fred Forester, NJ. l.. Giilen, Jacob
Loeher, John Mitchell, James \. Wood,
George W. HUMPHREYS, Joseph b. At
kinson, James, T. Montgomery, Il. K.
Ayers, Burgen Nixon, Charles Bicker-
ton, P. z. Noble, Samuel Hartman.
1t was decided that the hours OF court
shall be from $3.50 a. m. to nooni p. m.
to p. IN.
1t is expected that the deputy sheriffs
will have all the men whose names have
been drawn, on hand this morning, aud
this will assure tho early selection OF
the two additional jurors. Then each
side will strike of four Names. leaving
the jury Of twelve men.