Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1893-12-28
GETTING THE JURY.
TIE FIRST DAY OF THE REILLY WILL CASE
CONSUMED,
And the Jury Still Lacks Two Of Being Com
ple:s-A Long List of Witnesses
and Big Array Of Legal
Talent

morning In Part Two of the Circuit
Court before Judge Campbell, when the
Reilly will case was called. The in
terest taken by the public in the case,
and the very decided convictions Of the
people as to whether or not the will
should be allowed to stand. were evil
denced by the difficulty which was en-
countered in securing jury.
The public is familiar with the cir
cumstanceS Of the case and how the
estate Of the late Michael Reilly, APP
praised at $780, 900 and worth fully a
million, was so tied up by the will of
MIR. Reilly that his natural heirs are
cut off from all control of the estate and
possibly from any participation in the
fortune he left.
Archbishop Kain and Mgr. Sullivan,
the trustees in whose hands the entire
estate was left, were present at the
court room, the Archbishop arriving in
the afternoon from Parkersburg where
he had stopped for day or two, the
guest Of Father Hickey. The interest
manifested In the case, the talent en-
gagged as counsel and the Importance Of
the case attracted the greater part of
the Ohio county bar to the court room,
while the chairs for the visitors were
nearly all occupied. The case, which
dragged on with miserable slowness
| yesterday will be long one
and probably as much as
TWO weeAs will be consumed In it's trial.
A large number of witnesses have been
summoned on both sides, and probably
! from rs to 100 will be examined. In
asmuch as the trial is expected to oc-
cupy so much time, Mr.. Russell yester-
! day suggested to the court that it would
be convenience to all the parties con-
nected with the case to have fixed hours
! for its hearing and Judge Campbell,
after consulting the counsel on both
sides, announced that the case would
be called promptly at $3.50 a. m. ana
p. m. each day, and that adjournment
would be taken at noon and at p N.
All day yesterday was spent 10
! fruitless attempt to secure jury. Two
panels were exhausted and a third one
drawn and summoned, and still but
eighteen men were secured. Two more
will doubtless be secured this morning,
when each side will have the right 10
strike off four leaving the complete
jury OF twelve men. The twenty-four
men first called were Frank c. Nolte,
c. A. Burke, Louis Ball, H. Clay Hun
ter, w. S. Colman, Fred Forester, w.
B. Fisher, Albert ScheOck, Stephen
Waterhouse, NJ. l.. GifTen, Jacob Loef
Ter, John Mitchell, j. A. Wood, George
G. HUMPHREYS, j. g. Atkinson, l.. A.
Warnecke, J. T. MONTGOMERY, e. Il.
Ayers, Burgon Nixon, John Anderson,
John Dixon, Bernard Speidel, w. W.
Plummer and Albert Redman. Out of
this number fifteen jurors were Sc
cured, five-Messrs Schenck, Water
house, Anderson, Warnecke and Fisher,
stating when questioned that they had
decided opinions Of their own which
would prevent their giving an ABSOLUTE
/ ly fair and impartial trial TO the case
before them. and they were excused.
! Having examined all OF the first
panel who were present without seCur-
ing Jury another list was drawn and
the sheriff sent out to bring them 10.
As some time was required to find
| the men the court at II o'clock took
recess till o'clock. Immediately upon
the reassembling Of court the first jury
list was exhausted with the calling Of
John Dixon, Bernard Speidel, w. w.
/ Plummer and Albert RedmaD. Each
of the four had formed an opinion and
felt himself incapable of sitting in the
case. All were excused and the calling
of the new list was begun. Jacob
Loefer said he had once entertained an
opinion and wished to be excused but
said, on being questioned, that his
opinion was not so fixed that he could
not give fair trial and he was not ex-
cused George NJ. Goodhart, Richard
/ p. Roth, Charles Bickerton. Patrick
Dougherty, Jr.. and Francis M. Flood
were next called and all were excused
except Mr.. Bickerton, who was con-
sidered competent and made the six
teenth man. Walter j. Burke and
Henry Robrecht, of the new list, had
formed opinions, which it would re-
Quire evidence TO remove, while Platotf
~. Noble and Samuel Hartman
were accepted, being unbiased
and unprsiudiced, the latter knowing
nothing at all of the case, Many OF
those drawn on the second panel lived
in the country and could not be reached
at once, several of those who live in the
city could not be found, and the result
was that but three names were added
to the jury from the second panel, and
another one had to be drawn. The
Sheriff and his deputies were started
out after the men on the new list when
il was found that the first man on the
list lives at West Liberty and could not
be brought in without considerable de-
lay. By agreement OF counsel his name
was passed over, when IL was found
that the name of the second man conld
not be found on the tax books. de,
too, was passed over by consent. The
third man was excused on account of
sickness, and the Sheriff reported that
the fourth man could not be found
either at his place of business or his
residence After some two hours or
more spent in search the fifth man was
finally brought in, and the Court suE-
gested that 1t be allowed to proceed
with the examination and try to oil the
jury.
It was nearly five o'clock and Mr..
Hubbard said that while he had pre-
ferred to proceed with the witnesses 10
the order ia which they were drawn, as
it was getting so late, be would agree
to the examination of any OF the panel
who could be found.
Mr.. Russell objected and preferred to
90 ahead in the usual manner. So much
time had been already lost that il was
not probable a jury could be secured
before adjournment and he would like
10 see It secured as it was begun--ln
che order in which they were drawn.
Mr.. Hutchinson Warted 70 60 on and