Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-10

usual several iauicS Delus seen AT inc
window OF the upper Corridor during the
session.
At the opening MIR. Hubbard said since
IL o recess counsel FOR tho contestants had
found two additional authorities bearing on
the point nj issue, one Ia Missouri aud one
IN New York, which he desired 70 submit.
The authorities were examined by counsel
Tor proponents and submitted 70 tue Court,
Judge Melvin saying the New York case
WAS based exclusively on statute and
applied 70 physician testifying relative
10 q patient. Ia the Missouri case the evil
dcnce was against tcstamentary paper,
while prepayment here desired TO support
such 3 paper. Mr.. Hubbard said the New
York statute applied 10 physicians, but AS
70 attorneys the common law WAS still in
force. As 90 the Missouri case. he thought
the rule would DC violated "a much IN the
one case rs in the other. The objection
was overruled, and Mr.. Rogers resumed
the stand.
Q.-Ploase state when you had the con
vcrsHuout Alt was very short time
before the viii was made-three or four
days. They were always talking to me
about the will.
Q.-How many conversations did you
have with DIR. Reilly, About the
0.-Nes' A-Thrce. anyway.
C.-When were they About the
lOth or l1tn OF June-alorg there. lie got
a viii out Of the safe objection.
tnttANf tue huDlttL OF tillS GOuNerSl-
/ ton. Objection; overruled
t.-State the conversation Ale got
/ a paper and started with me 10 tho back
/ end OF tac store. That is the first recollCc-
/ ton have as 10 this will. We were seat
/ Ell on a box back there, in what believe
| they called the sugar room. lie said no
| was dissatisfied with the paper he had.
| tes showed me the paper-hls name had
| oeen cut on-and said ne wanted "A new
! VIII. Fc told me substantially the provi-
.fn ~ hn l.
| asked my advice about IT, He asked If he
| could 90 great many things he wanted 10
! DO tnCro. objection; sustained.
| Q.-DO You recognize tnat paper hand
! lns a sheet OF type-Writtou paper win two
/ holes cut In it| A.-Ies, sir: I've seen
TINS paper-,haJ is, before 10 was torn up.
CIV hea and where, Al can'tteu-I
! think down in the warehouse.
/ Q.-Nuo hid possession OF IL: AIR.
I R5'lly, hc rot IL out of the safe
2.-Co wuat extent did he talk about +,
I 10 YOU Al tae time am now speak
INK or, Thomas was dead and the pr'uci-
/ nai trourlo with him seemed 10 ue that
IHouas was named as an executor, and ne
WIS dead. tie SAID the provisions OF the
VIII Ola not SUIT hin a. tnRt time
Tho paper was read TO the Jury. and
proved 10 be The will Of Noyemoer i.
1885, with MIR. keilly's signature and that
of The attesunE witnesses cut out.
On what condition WAS that manor.
I.
condition f. was in his hands. When an
! swergu before, when ! had IL in my hands.
ass name WAS 10 10, but when / saw 10 / %
| his hands his name was cut oT-just a. Z
. is now.
O. When had you seen H. beforc3 4 -
10 the olice. | saw 10 in ais hands uacz in
tho sugar room
Q.-Wheu did the change take place.
Al don't know wucn il was cut on
Q.-Nhat interval elapsed. Al don't
recolect.
Q.-Weu, minutes, DAYS or weeks, A
\ day. anyhow. ! saw him ouc dsr. and
he had II the next, or IL may have been two
days
Q.-Let MS begin with the first case.
81 nat WAS the condition Of the DaUar then
with reference 10 the signature! A
When 10 was taken out of Tie safe and
handed TO me 10 was AS whole paper.
Afterwards ne had II in his hands i'm the
back emit of the store.
Q.-How was 10 signed when he had IL,
Al don't know.
p.-Werc there signatures then To the
oody Of the instrument and attestir .
clause! Al don't rccollect-I didn't
lco.1 10 see. He said 10 was his will
R.-Now, proceed with the conversation
that took place between you: AIR.
HUBBARD; ! understand this all goes on
under our objection. Matter settled t1at
tne mater al parts would be covered hv
I tae objection. IT, Well, It's nOt 20 be pre-
"Na 444' "a tt41L can IffO4lttf "A converse
of one ald half or two hours In the bdc.
part OF the store, is it. DO YOU suppose
LleLt
'l.-l would direct your attention 10 Tho
first lutcrv ew ia che office, A-H. sa.I
he was NOT satisfied with his Will. and
asked MIR. Snull TO get 10 out of his safe.
lie wouldn't talk much there. ana we went
outside and had some talk there. about
what he intended 10 do and who ne wanted
for executors.
Q.-WhaJ would you say with reference
10 tue ojnert Ale give me Just about
- oblectou'. ] couldn't repeat the d FER.
eut couversatl Ons, and say whist happened
one day and what happened the next
Gil az any time he spoke ABOUT his
proposed disposition Of the estate stafo
what it was Ale said bee wanted Ia
make IL i'm trust, and he mad an idea of
leaving trustee for different portions of
the e5tate-Olc trustee for the real estate
one-an adcDt-to run the business, and
one who knew all ABOUT stocks, etc Be.
fore he cot through he settled down TO two
the present executors.
Q.-The present executors A.-Yos
The terms OF the trust he outlined To mo
were just about the same which arr set out
iu this will objectionable Hubbard
saying The witness ought 10 SAY about what
was said. The Court think SOL.
Q-Pr0Ctedt Ale intended On have
l.s entire estate pass into the hands ol
IrNs ee5 ard accumulate, so that the d.yl.
|.'N N.H.t D- LtftAI ter GNU ne smoke I'
his l4ther's wiil--that is. philip EcIfy's
willard asked me 10 I was acquainted
with taat will and the case which had
been in the Court OF Appeals. lie intend.
el- oh. iOn-Mr Hubbard. "Iet h.m
tell Us. aud Jet the jury had out what was
INTENDED. Tho trust MIR IunDarI
Let understand n he is giving what ha
tt'. or what he understood" Tha
t.urt "Giyg what he said Judge Mel
vim. "Dlvc 10 substantially. Tine trust
was TO- objection Hubbard "SuI
the with seems strangely Ioatn to gIvlrv
bis recollection. or what Mr. Reilly said 'f.
O. Are You giving what Mr. Reilly
elit q --I es, sir
Co on. A-The trust was fo hold
the es. ate together, aud was 90 continue t1
tho gra1dcnil1rcu--i don't raa0IIect uoty
whether tho distribution wa, 10 made
among the grandchildren or those born ar.
ter '1e present grauier 1ren woro dead.
t' Which converse .l was this. A.
| WIS I'M r1fn. THAT Is. .t extended flr1.yu
both. Jle first coDv.r-af r1 was Iutrr.
tlr.rI DT some ono passing Near t0 us. arl
t. -1. t1 stop .u fr" next Gav Tho
teT.o stopped, ADD t1e l9ar converse.
Q-Wbere a.d tho second conversation
take lare A-ht tue back end of tue
wlH.r-ru
Q-Ve have you .tated 10 aI as FAR as
-1a r.eIIae- Awe talked very freely
t..r ..r some f.un couldn't static a|f