Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-01-14

had IL or not, and suggested IL was on
record.
Mr.. Hubbard-It Is on record and here
Is a copy oft
Witness then went on 70 tell OF James
Reiliy's part in closing out the store aud
said 1.-The boys" were In favor Of closing up
the business The talk about the reduction
OF witness salary was about September,
a salary. Witness salary was fixed at
$1,000, he thought,
AT JAMES REfLLT's REQUEST.
Witness work for the church was done on
Sunday.
Q.-You spoke Of the executors having
received something In the neig h borhood OF
10000 during the first years A.-Not
during the first year. IL was from January
.. 1892, 10 March IL 1898
Q.-Wcre they paid by the yesrl A
No they were allowed on the commissions
allowed by the comm ssioners OF the Court
GLOW WAS IL arrived att Alive
per cent on the gross receipts.
Q.--During that period was there any
particularly large itemi What was the
result OF closing out the storei A.-Tne
receipts were large. We had about $50. 600
OF stock. about $4,000 OF bank accounts
and about $4,000 OF bills receivable.
Q.-You said yesterday you partially
managed the whole business for the exec
utors. What did you mean by that A
/ collected the accounts and kept the &C
counts placed the accounts tor suit in the
hands Of an attorney, and looked after the
general interests.
q To what extent did you wish 10 be
understood that the executors had neglect
ed their duty A.-NOt any. TObjection;
allowed
Witness was asked about the diagrams
OF Chicago property he had made for MIR
Reilly, and said he got the material from
the real estate book, where Thomas Reilly
bad made diagrams on the inside cover Of
the book or on the Hy-loaves. Mr.. Reilly
kept the diagrams so made in his private
drawer, aud frequently looked at them aRd
talked about the property. II was talked
about too frequently for witness TO fix tho
nun her Of times.
Witness was then asked again about the
two letters Of June 5, 1891, TO C. A. Cum
mings X Co, of Chicago. and made re
newed explanation OF how he came 10
write the second letter, without Mr.
ReIlly's knowledge. The request for the
plat, 10y MIR. Reilly, in the first letter, was
left out Of tho second, because John or
James, or both, had previously written,
asking FOR plat, and Mr. Reilly
HAD so KNOWLEDGE
OF that request bv his sons when he made
the draft OF he first letter.
lie was then asked about the letter OF
September 70 1891. 10 j. w. Mccartney,
and SAID Mr. Reilly did uot understand the
manner Of the proposed settlement until il
was explained by James. James explained
the matter, and said the promise to pay
was OF no value. in the d yht Of like prom
lscs before, and then MIR. Reilly dictated
the letter.
The letter of November 10, TO Mr. Doc
nan, of Grafton, was then asked about
and witness said he presumed MIR j. p
Rogers got up the deed, but that Mr. Reilly
executed il.
AS 10 the letter Of November 25. 1891, to
MIR. Clayton, marked Exhibit o. witness
was asked about his saving Mr.. Rejllv's
memorandum was disconnected, and eX-
planned there were no dates upon IL, and
witness had 10 look up an old letter book
and make the necessary changes In the
nhraseology. His memorandum was in
tc!iigible enough"
OF the letter dictated by Mr.. Reilly, TO
Mr. Zane, on December 20, 1891, witness
SAID he had the one from Cummings K Co.
10 which the dictated letter was an an
swer, and 10 was offered in evidence as
Exhibit No. lO,. il was dated December
2ith, aud said the West Side Park Com
missioners were trying TO establish a
building line fifty feet back from the
Boulevard, and as the matter was about
TO come up, they wanted Mr.. Reilly 10
know about 1t, As TO his property on the
Boulevard.
Witness did not know how many chill
dren We're in Mr. James Relly's family
u regard TO witness statement that MIR
Kelly had not capacity 20 run his bust
ness, witness said he meant he would have
10 have buyer and cashier, manager
and "A clerical force, like other houses. HC
was very inactive, and could not move
around ana look after matters himself and
would nave TO have assistants whom he
could depend upon TO give him
ACCURATE GNFoHMATIoN.
As 10 witness statement that Mr.. Reilly
81 q LODI NsHH b b .E.H Ia.
Thomas business ability was overrated
witness said he did not know how the
matter came up. unless IL was "a cOnfiden
tial conversation Mr.. Reilly would IRE
quently call witness over to his chair auC
have talks with him, without previous no
ticc. As to James, Mr.. Reilly would tala
10 witness about his course on the road
saying he would gam BILE. He did not re
call anything as 10 James drinking nuC
never heard Mr.. Reilly say anything abou
James business qualifications. Witness
could not say how often Mr.. Reilly talked
TO him about James and Thomas. 1t wa
probably dozen times, or more.
AS 10 the orders sent by James 10 thu
pork house, witness said ne knew IL wa
the cause of quarrels, but he could not b
more definite. Mr.. Reilly would talk abOu
James orders to tne pork house in opposi
ton 10 his own, in witness presence
Witness was asked about the orders 10
undistlied whisky, and said such order
were procured in very easy manner. a.
agent coming along and asking how mucl
was wanted Tor the next distilliuc Mr.
Reilly might order say fifty barrels for tn
next distIiiing There was nothing 10 d.
in the way of testing the quality. or anv
thing ike that, because the goods were no
yet made.
Ia explanation OF his reply 10 Mr.. Hub
bard as fououey from real estate and stock
going into business, witness said whil
sometimes there would be large real estat
payments, requiring money from the bust
ness, Che balance was generally 70 favor %
real estate. There was only one genera
bank account, but a separate ledger ac
count was kept as 90 real estate. All sur
plus real estate money went into 90 th
general fund. and was used 10 the business
As To Mr.. RcilIy's taking money out o
the safe. witness said he had no particula
knowledge and only heard Of IL from tint
cashier Mr. Reilly frequently counte,
his money, and tnen make o wrong entrt
on ui- memorandum slip. or be might omf
90 make any slim al all. The witness woul,
not be sure about DO.
The contestants rave notice they would
want MIR luikert again, before the promo
ncuts closed.
Afternoon session.
The afternoon session of the Court wa,
quite short, c0uriudu ing at about thre,
o'clock. i0 enable some of the Jurors liviul
DO tue country to go 90 their homes Oy Co.,
alteru0OI West Liberty hack