The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-18
MT. HUBBARD'S ADDRESS
TO to the Jury in the Reilly VIII
Case Started Yesterday.
.ITs Was i. MOST POWERFUL REVIEW.

OF the Testimony offered During the
Case-The Testimony of Each Wit
ness for tlIe Proponents Taken mp
and scathingIy acknowledgements.
ison Made With the Contestfng
Evidence-Hr. Hubbard Will Speak
on Unduc Influence This Morning.
Attorney General Riley did not re-
sume his argument yesterday morning
s in the circuit court on the Reilly will
contest case as was expected. The
reason was that Judge Campbell was
not in the city. he went home to New
Cum berland Tuesday night and was
delayed in returning yesterday morning
on account of the wreck up the river on
8 the PeHiky road. He did not arrive
until after IL o'clock, and before this
court had adjourned until o'clock in
the afternoon.
At the afternoon session Attorney
= General T. s. Reilly resumed his argu-
ment: Yesterday he discussed the law
81 on the question OF capacity, he now
comes to the time where Mr.. Reilly
Quit his business aud was thereafter
found in his sickbed. lie called atten-
g ton to the testimony of Drs. Baird and
Charles FrIssell, and their testimony
$ should have greater weight with the
Jury than that .sof the wayfaring man"
who knows but little OF the ills OF this
8 life.
The confidence OF Mr. Reilly in his
con Thomas was unqnestioned, and
when ne changed his viii it was be-
cause he had no confidence in the rest
of the family. What his reasons were
are "not to come up here" There is a
record OF time when he had the most
fatBerIy affection for his entire family,
and the contestants introduced that tes-
stluony, Sot there CAME q time when
3 there was quarrel between father and
SONS. That time ig shown 10 be in
ASIA or ASIo. Tue causes gre not shown
in the testimony. At that time the
y young men were coming of age: 1T IS
I shown that there was a large indebted
ness on the part OF James. James in
later life became better man, and re-
ceived better treatment in the will OF
1891 than he received in 1885.
81 There are evidences of q bitter quar-
rel between the old man and Michael,
who was disinherited. It ia true the
father should be true to his cons, but
the latter should always show respect
to the father At the time OF that
quarrel Michael left the city and did
not return until this trial. He did not
Z believe he would return after years OF
4 neglect of his father and try to destroy
the name of that father as a business
Z man of the community.
ABOUT THE WILL.
There has been a deal said about this
an or toll inf
ton that it involves large fortune,
over $4,000. Remember it does not
bestow single penny to any church
b institution or to any outsiders. The
e only objection is the postponement OF
3 the distribution. But is it an uni ust
. will that gives John. who is unmarried,
e So 900 q year; is it an unjust will that
gives George and James q like amount?
& They get all this without performing
any duties whatever. It waa the teata-
s tors intention that these children
should be independent and they will
j. be under q proper ad administration.
There is another feature. If this will
: is set aside it will turn the widow of the
faithful Thomas out without dollar.
S The interest the children OF Mrs.
{ Thomas Reilly will receive, will so to
guardian. The breaking of this will
will have the effect of breaking up
: happy family.
Concluding, Mr.. Riley thanked the
= Jury for the consideration he had re-
ceiyed and confidently asked a verdict
sustaining the will of Michael Reilly.
IR. uUBBARD's ADDRESS.
TWAS $50 when Mr.. Hubbard opened.
He started with an inquiry whether the
s paper he held was the true will of
Michael Reilly; question which the
Jury must settle. He commented on
the able and vigorous speech of Attor-
ney General Reilly. Until that speech
E he had feared the trial would surely be
81 of the "wishee-washee" style. He could
mot com plain that the discussion of the
s evidence by the gentleman was not
4 complete; could not complain that only
z the parts best suited for his side had
S been presented to the jury. He as
g sured the jury he would not complain
Z at interruptions should he misreprcsent
& the testimony. He only wanted YER
Z diet on the testimony given in the case.
The opening made by him at tho be-
S ginninG'o of the case had been strength
& ened by the testimony, while the state,
& ment made by Judge Melvin had been
materially weakened.
- How does man get right to make
: awill? He can dispose of property of
y his own, because the statute gives him
tudL - iS 6Lhtut6 luaheS CcIEulu
qualifications as to 4 proper man to
make will He then read from the
West Virginia statutes on the sub
ject. The law makes it essential that
s the individual must be in condition to
appreciate the effects of will to COM
4prehend his property. Certain stand
ards of mental power are required, say
& the statutes.
The question for consideration is not
& merely whether Michael Reilly was in
sane, but was his mind sufficiently
strong to understand the will and to
comprehend his property. The cases
cited by the other side were not abhor-
rent to Justice like the one now before
this jury. He next reviewed the Luus-
ford will that had been cited by Mr.
Riley, and said that will was one that
left his property in equal shares, eS-
z cept to one child, who during his life
s. had received much from him, and was
il-aE No. IN =, ~,