The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-17

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| Main street. He has not written on :
subject that he does not express hlms sc I
inteIlicently. It is shown Mr.. he EN-.
owned a great deal. of real estate ID o, "
caro- and after the death of Thomas ne
had TO take charge of his interests there.
Two letters to Mr.. James Kelly are, are
shown IN the testimony from the othet
side. and he was glad of it. Ihey snow
the boys undertook to be oficious and
do Something in relation TO Chicago
real estate. It is shown he did MOI
trust the boys in this business, but sal
downat his own little desk and wrote
letters unaided i. by them. Mr. Kelly
then submitted two letters written Dv
Mr.. Reilly and said they were superior
to those written by James on the same
subject.
Letters written to Chicago by James
chow he did not have that regard Tor an
aged father that he ought to nave,
when in addressing a letter he speaks
OF "old O." The evidence seemed to
endeavor to show the boys to have Been
gaod BOYS and the old gentleman ID
painted in anything but glowing terms.
In another letter James speaks OF his
father, calling him "the boss. He
submitted these two letters and would
say the old gentleman's stand high
above those OF his son, who is here con-
testing his old fathers will. A letter
written in July was shown, IN winch
Mr. Reilly makes deed for Chicago
property; this was alter the will was
executed. Mr.. James Reilly assisted in
the transaction, but he did not at that
time doubt the mental capacity OF the
.soid 90 These transactions come along
day after day along in September, Octo-
Der and finally in December in relation
to the Chicago property, OF the grentest
Importance. This last letter was writ
ten
on CHRISTMAS DAY.
The letter shows ne then completely
understood the transaction, and also
from memory and recollection states
matters that occurred three years ago.
MIR. Hubbard interposed, and asked
if the testimony showed that Mr.. Reilly
wrote the letter unaided. There was
spirited by-play between the two legal
gentlemen on the subject, and finally
Mr.. Riley said he wanted to hear no
more Interruptions from Mr.. Hubbard.
Tho latter said he would have Interrupt
tons as long as he misrepresented.
II haven't misresented," said the at
torney general.
Mr.. Riley next brought up the trans
actions of Mr. Reilly with his Grafton
agent, Mr. Doonan, and in which it was
shown he was paid with two gallons OF
whisky. One letter was written two
months after the will was executed,
from pencil copies, and show the good
business sense of MIR. Reilly at.
that time. This transaction can
be followed up until November,
1891, when the property was sold,
and throughout he showed good BUSH
ness judgment. These business trans
actions stand out above all else, and
show he had the business capacity for
the most important transactions, and
outweigh the incidents of a tritfiing
nature brought out by the other side.
How can man come to different con-
clusion than that he had the capacity
to execute his will. The law does not
require that a man shall be able to
transact many OF the business affairs OF
life, but these business transactions
continue from day to day nearly to the
day of his death.
Not alone does his side show letters
relative to Chicago real estate, but also
to the affairs of his grocery business
which chow he possessed aclear mind
and grasped the business.
He referred to the advertisement in
the INTELLIGENCER and showed letter
written to the -four house in which he
asks that his firms name be inserted in
lied agent for it in this city. Nothing in
all these letters show q failing mind ana
weakening memory.
There are other transactions in that
summer and fall OF 1891 and it can be
said business men had testified as to
his capacity to attend to business
among others Mr.. Clarke. AS to that
gentleman's standing and trutnfulness
it is not necessary to say anything.
TT io lori Mr nf
business nature and very close. In
1890 they had numerous business trans
actions, and it is found in 1891, as late
as January, July and December they
also had business transactions. Does
he say Mr. Reilly was unfit to do busi-
ness? No, he says he
TOOK AN ACTIVE PART.
in the proceedings of the bridge COM
pany's board and came there unassisted.
That witness said Mr.. Reilly's mind was
only more sluggish" in 1891 than it
was in the preceding year. Mr.. Clarke
does not stand alone-NIr. D. G. List,
also member of the bridge board of
directors, says mr.. Reilly took part
in the business transactions of the
board. AT other meetings in 1891 he
took q prominent part, and these bust
ness men did not select an imbecile to
preside over Luelr meetings. IL WIS
found that his judgmentin one instance
proved better than that OF other gem
tlemen.
Mr.. Riley reviewed other business
matters attended to in person by Mr..
Reilly in the summer and fall of 1891.
He referred to the testimony of ex
Sheriff Handlan, who had never heard
OF Mr.. Reilly's capacity being wrong until
this trial, and there are hundreds who
also never heard OF it, and who con-,
slider the assertion ridiculous. On the:
25th day OF November. 1891, the old
man endorsed note for $500 signed by.
George Reilly, who was willing to take
it, and did not at that time say he was
not of good capacity, mentally. Ac-
cording to the testimony of Colonel
O'Brien, he went on his bond as admin
irtrnfnr of tho Hannah aatata md h Ia