Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-16
THE EVIDENCE ALL IN
IN TIE REILLY WILL CASE. AND ARGU.
MENTS BEGIN TODAY.
Mr. James Y. Reilly on the Stand Yesterday After
nOOn-His Evidence Reproduced ia Full.
The Other Testimony Of tho Day.

cemoer nth. Before tho day closed how
ever, the evidence was all before tho Jury.
and everything was in readiness for the
opening Of the arguments of toe counsel,
this morning Before the proceedings
were commenced, yesterday, the roll OF tho
panel OF jurors in attendance upon the
Court was called and the jurors were ex.
cused until Friday morning at half-past
nine O'Clock. Owing 10 the absence OF
Juror Hunter, 1t was almost ten o'clock
yesterday before the first witness OF the
day,
FRITZ LUIKRRT,
was called TO the stand by contestants for
resumption Of cross-cXRmination. To
MIR. Hutchinson witness said he had never
gone TO Mr.. Schulz, at the store and made
demand Tor an advance in wages OF S2j "A
mcnth-'not that / am aware off, The
question was objected TO- in that form
and Mr. Hutchinson put 1t in this way -
Did you 80 to the store and tell Mr..
Schulz, after MIR. Rcilly's death, that he
had promised you an advance of S25
month, some months before his DEATH
RMS was also objected to, and Mr.
Hutchinson explained his object, saying
they desired to contradict the statement OF
witness that he had not influenced MIR
NeiIly. MIR. Hutchinson said certain facts
had come TO their knowledge since the wit
ness was on the stand last week
WI. NuSeell com DATED the right OF con-
testants TO bring in what they proposed,
In the way proposed, and the matter was
argued pro and con for some little time
The objection was sustained.
Q.-Didn't you. after MIR. Reilly's death
enueaVor 10 collect from the store, or from
Mr Schulz, an advance of So a month. up
on the pretext that you ana Mr.. Reilly had
secret understanding about it! fObiec-
tlon' Mr.. Hubbard opened the argument
saying IL was very unusual TO object TO
such question, going TO affect the credit
oluty OF witness, in any Court. It was
every day practice, and when similar cues
tlons were asked by the other side IL had
never dawned upon either OF rs IN make
an objection He wanted TO know. il such
questions were barred. how the credibilitv
OF witness was 10 he attacked
MIR. Russell took issue with counsel for
contestants, saying they laid down a rule
In their argument for the admission OF a
question, and then jumped away from IL in
ITS application. They did not propose to
ask the witness II he had said, out of Court
he -
HAD INFLUENCED MIR. REILLY,
but they wanted something else. aud made
an effort to ask the witness as 10 state
mepts out Of Court which were not incon-
sistent with statements in Court. The only
pertinent question would be the fact as TO
the claim. The objection was sustained.
Q.-Do you know Charles T.. Bachmani
Ayes.
Ole was engaged by Mr.. Reilly to do
some work out there's A.-Not that am
aware OF.
Q.-At the pork housei A.-No.
Q-Didn't YOU talk TO him frequently
after MIR. Reilly's death! A-Yes
,.Q.-ln February aud March, 1922 A
Yes.
Q.-At the Market street store, A
Q.-Didn't you talk to him about your
-reence>ever Mr.. Reilly. A-Not that l
Remember OF.
,Q.aaDidn't you tell him you had induced
Mr. Reilly to give up the powder business!
Mot that am aware Of.
Q.-And that the Reilly BOYS had not
been able 70 get him 10 give il mp. but Won
had succeecedt A.-Not that / remember
OF.
Q.-Well, will YOU say you did notl A.
have no recollection OF IL.
Witness WAS asked about his talk with
Bachmau, and said he had talked 10 him
about witness going into business, but had
not attempted to obtain money from MIR
Bachman or try TO get him 10 20 in with
witness. Witness also said ne did not tell
Mr. Bachman he had induced Mr. Reilly
70 give up the powder business BY calling
MS attention 10 possible explosion OF the
powder house, and q numOcr Of resulting
suits for damages. He had never boosted
TO Mr.. BacEman Of his influence over Mr.
Reilly.
ABOVE ANp BEYOND MS oWS sons.
and cited the powder house matter az an
example. He never made fun OF Mr. ReiI-
is 1T IN store. TO O Bird and others Dut
admitted he had asked the bows" AZ tho
store. What Is the average to-day" He
SAID Nv nat is the average was "a sort of
slang phrase and by-wOrd at the store and
those employed there were ALWAYS asking
u, one OF another Witness said the en-
quiry, 'What DO they average. " was said
70 be favOrlte enquiry of Mr. Reilly asto
the weight OF hams, but witness be did not
make use OF II through a desire 10 make
II q
mon remark Al the store among the
boys"
Witness was asked II he knew William
Mooney, former driver, and said he did
Q.-DO you remember Of keeping him
waiting out there, several times, while you
sat down and read the paper Objection
A.-ThaJs what ] call lie
Mr.. hutchinson expect he'll agree with
you, as 20 the excuse
The matter was argued, aad ir the course
Of 10, Mr. Hubbard accused Nr Russell ~
Warning the witness as 20 what his an
swer might be-. Mr.. Russell plead that
he was talking % the Court. and that tne
witness might be removed from the Court
room.
Mr. HUBBARD wish he had been be-
fore you made that remark
The objection was sustained after q good
deal Of talk.
Q.-D.dn't you make Mr. Reilly believe
when they complained that you were mo-,
shipping iu the meat fast enough. that ff
was the fault Of 'hc drivers y never
tried 20 make him believe anything but
Asked the question in another form wit
ness said inc men were sometimes de-
layed iu starting s with meat Dy tue fact
that the store could not be ca led no f..
telephone owing 20 the fact That the PORK
mouse had Deen teMp orarly cut on. bur
DE had Iot delayed driver. bv reading
papers gr .1 Ct..r ways. Witness ..I
not remeuner telling Mr. Reilly That tac