Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-12-30


was larger by One-third than at the
morning, the aisIes being filled with
standing men from the railing clear
back % tue doors, while many members
of the bar crowded inside the railing.
The session opened with the reading
Of the will 20 the jury by Mr.. Melvin.
AT the conclusion Of the reading Judge
Melvin read Michael Reilly" as the
Mr.. Hubbari-B that "Michael
EeiJy?"
Mr.. No'v'n's reply was jnaudib.e.
SIR. HUBBARD ask You 20 read 1t TO
the jury as 10 Is written.
Mr. Me.7ia-I can't read it so. II Is
before the jury,
Mr. Hu6bard-Well, If you can't read
10, all right.
GEORGE BAIRD
was the next witness, being the brst
for the contestants. he had been
neich51r of Sir. Reilly for many years
aud known him all witness Ike. VIZ
ness had slight business relations WIN
deceased ia The spring OF 1891, and he
then thought his mental faculties were
failing. Witness narrated the nesotIa-
t.0us ia she spring OF 1891 regarding
the water rate for the elevator Ia the
Reilly building, and after one or two
conversations with deceased witness re-
marked chat deceased didn't seem 70
have understood him, aud he said the
sold man seemed Co be growing silly
Witness had seen Mr. Reilly Afterwards,
.n the care OF an attendant, aud he
seemed 20 require assistance. once
before the trouble about she water rent
witness had talked with Mr. Reilly ana
thea Mr. Reilly not only failed TO recoS-
uize witness, but Insisted he was Char
ley Fisher. Witness had not been sur
urlseG 30 this, as old men frequently let
young mon grow out of their Suowiedge.
40 the same time witness was q neigh
Dor of Nr. Reilly. From witness
knowledge Of MIR. Reilly, he thought he
was iorgs,'ui.
Q.-Fr0m what you knew Of him at
THAI time, To- the spring OF 1891, was he
capable VI retaining transactions, Iacts
aud circumstances, that had taken
place for any length OF time? Al
don't think be sus. When ! talked TO
him he bid u0t seem %
COMPREHEND WHAT SAID,
or forgot what I said as fast as / said
U. Ibid not think he was rascal
had no reason 20 thiu6 Jnat-and so l
concluded that be could not comprehend
ma.
prom your knowledge and OBJ
servat.on OF Mr.. Reilly, do you think be
was capable of making q viii? lOOJec-
ton aud argument, Mr.. Russell, think
ing the question Of ability was one Tor
the jury aud not for the witness. CUES
tiOn changed.
O-Judglug from the facts aud cir
cums.ances you have stated as TO ms
mental condition, W hat was his mental
condition, along about the spring OF
1891? Al cOuldn's be positive about
Che dete. but about that time l had in-
tervisws with him, and I expressed my
opinion just that way-Jhat be was
sjlly-.nC0mp eJenL
To Mr. Russell witness said he could
not fix the ume of the interviews with
Nlr. Reilly, but 10 was some time about
tine SurIug of 1891 or possibly ia the FAN
of 1890; he could not be positive with
out consulting the Water Board booSs.
He wasaskeI Co do this. Proceeding,
sir. Baird said Mr.. Reilly had called 40
the Water Board Office twice, about the
water rent James, his attendant, had
hold OF his arm, aiding him. Mr.. Reilly
came iB the Office and sat down, the at
teudant waiting about outside. Witness
couldn't repeat tho conversation; 10 was
o succession OF explanations on the part
of witness and of misunderstanding or
iorgetiulnesS on the part OF Mr.. Reuiy.
Witness said he shortened the interview
as much as possible, for Mr.. Reilly was
Objectionable personally his con-
versation, which was polite, out his
person was Objectionable Dir. Reilly
was O5ieCt.ng 90 the rate-"kic6ing be-
cause 10 was TOO high" Witness said
he became eXaSperated at Mr.. Reilly,
for he seemed TO forget the facts as fast
as witness told him. Witness could not
recall the details Of the conversation,
but whatever it was it was about the
elevator, and was repeated over and
over "He annoyed me beyond endur-
ance, aud I said be was silly or
hadn't good sense, or was failing, or
something like that.
T. B. CARNEY
was next called. Witness first became
acquainted with Mr.. Reilly in 1SSS, and
that acquaintance continued until the
spring of 1890. Mr.. Reilly was one Of
the owners OF the hotel Of which wit
ness was manager, aud he met Mr..
Reilly % business TWO or three times
every week.
Q.-What was the nature Of the BUSH
ness2 A.-Thero wasn't really much
business about il. He would send for
me, and 1 would go 20 his office, but he
never told much about what he wanted.
lie would make appointments for me