Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-03


Witness produced tho book, and when
pressed py MIR. Russell az 10 why he tore
up the card, he said IL was getting worn
out. MIR. Russell asked why he let 81 get
worn out etc, aud the witness retorted by
asking Mr.. RUSSELL III he never carried a
letter until 10 was worn out, and az he
didn't why he didn't, etc, raising lnugh.
Mr.. White said be had somewhat shortened
the memorandum lie copying IL, but thought
he had left out nothing essential. Witness
said he bad communicated the conversation
with Father Sullivan
PROMPTLY TO THE eoSTEsTANTs.
Q.-Whyl A.-Well, they seemed 70
want me 70 communicate the 'wishy-
washy' part OF IL, and L communicated il
all.
Q.-How did they know anything about
the "wishy-wasnyn pact until you com
municated IL 10 them. A.-Tney asked
me.
Q.-They came to you and asked you IL
you had The conversation A.-No, sir.
Q.-Iou began by telling them about the
conversations A told them the next
time 1 saw them about the conversation
had.
Odd you tell James Reillyi A
No. think told Mr.. Jamisou.
Q.-tather Sullivan told you Mr.. Reilley
had taken him 10 the back part OF the store
and submitted the will, Ale didn't
submit tho Will, but told him OF IL.
Q.-Don't yoGr memorandum say sol
At may so, nut IL means that he told It's
substance verbally. Tue memorandum
may say so, but that isn't my testimony.
He told me MIR. Reilly took him
TO the back part of tho store and told him
the sense OF the will and asked him If he
would be the executor 1 under
stood the Will was not in writing then. |
understood II from the conversation. He
said Father Sullivan made suggestion,
and Mr. RDillw gnin ssffnf Sullivan
I'm not asking YOU for suggestions, but
whether you will oe the executor"
Father sullivan said MIR. Reilly had
asked him 10 meet with the attorneys at
Mr. Lambs and heard the will read, and
tnen arranged another meeting. / believe
II took place At the same-at any rate
IL was at an appointed place
and az an appointed time. Ia
the meantime he had prepared
LIST OF SUGGESTIONS Or QUESTIONS
which might arise 1t might have been n
list or questions. / believe he
said they were made satisfactory, aud then
he agreed 10 serve. He gaid Mr. Reilly
instructed the attorneys to make any
changes which would conform to tho ques-
uons-tO cover them. / don [ re-
collect ris saying anything about ques-
lions as TO the duties OF executors.
1 understood mat Al the first meeting the
VIII was in writing, bat was not signed uu-
I'll after the list Of suggestions or questions
had been submitted. / don't
know That the will was executed at the
third meeting, but that it was satisfactory
and they accepted the trust
Witness said he got his knowledge of the
larniD transaction from being present in
the store. MIR. Reilly told Thomas about
III IN the presence OF witness Originally
mere were some deferred payments in the
agreement prepared by Thomas Then
Mr.. Reilly wanted one half cash, and FIN
snt - ..afH oil
JOSEPH Bucu
was the next witness called. He knew
Mr.. Reilly and was in his employ since
1874, AZ the store He attended TO the
liquor department. He worked there until
April, 1872 He saw Mr. Kelly every dav
AT first James was salesman and then
corresponding clerk. buying goods and
manager; homas was cashier and kept
books. Themes died In April, 1891
The last fifteen months witness was
a. the store Mr.. Reilly weRt down
NH and got "Kiud of childish
lie was forgetlu'. Sometimes he saw him
IN the otlice, drowsy and sleepy. lie sat
vim ms mead down and his eyes shut. He
didn't seem to be attending 10 business
much There was a big change In
his mind. He got childish the last
year or fifteen months. He would
call me or Bachman, aud when we
came down he would say he didn't want
'ii's HAh NOhlh NAlI l2utuIudl. III maze
that break many times. He was there one
night and left the safe open, and | always
opened the store in the morning, and when
he came he saw the safe open, and asked
me II 1T had been open all night ana | said
IL must he, / couldn't open it. and he said
must, and went and sat down.
Once be went over to Green q Laing's and
took me along ana bought a truck and said 10
deliver IL over 10 the store, 10 Reilly's, and
a'jer III was brought over there he said he
dn't buy 1t. II was delivered the same
dsy-not long after. | was at the
store when the fire took place. The upper
store was burned, No. 1909. There was
coffee, whisky, tea, etc, in it. He said
was the cause of the fire, and it was
Ny FAULT THE sToRH BURNED.
] ought 10 have been there / left at or
O'Clock in the evening. IL broke out
about Q. IN. ! had asked George Reilly
10 let me of that evening 10 collect some
money for myself. My regular time to
quit was q O'Clock. The fire was in lSS3
Mr Reilly would come up to the liquor
room and take a drink and then go to
sleep In chair. He bought "A lot
OF wine once from the Kelly Island Wine
COmpeny. IT was twenty-five barrels of
cataWba, sweet wine, port, etc, enough to
last his trade Tor ten years. De-
ceased had most confidence aud depended
most on Thomas when he was alive. aud
then on James ana George. Mr.
Reilly was easily deceived and fooled the
last year or so. Towards the last wear
YOU could get him 20 do anything. In june
] asked him for - more wages, and he said
all right. Then the next month he forgot
IT, | told him again and be said all right.
Many times when I swept out I'd
find money. | couldn't tell who dropped
H. / don't think Thomas did he was
close and wouldn't drop il. He had TO be.
The old man kept him down. lie was
afraid to 20 in the store many times.
If be got 20 the store aud his
father was there, Thomas took or his coat
outside aud went in, so as to make him
think he had been there before
/ have seen Father Sullivan at the store.
after Thomas death. / couldn't say how
many times. ] have seen them talking
back i'm the store-in the sugar room They
would stay ten or fifteen minutes
couldn't say now many times / saw them
but Jaw them more than once or twice
The sugar room was right straight back
from tue Office. 3 was not fitted up or
visitors. Tho time ] saw them MIR Reilly
sat on a sugar barrel aud Father Sullivan
stood beside him. No one else would be-
there that i know or j would roll ont a
barrel Of sugar. sometimes.
TO Mr. Russell witness said he did gen
cral WORK through the store.
FATHER SULLIVAN WAS THERE
the summer before the old gentleman
II saw them there more than once.