The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-06

The fact that the Reilly will contest
ants would conclude their testimony
to-day and that the defenders OF the
will would begin to present testimony
in rebuttal, was generally known yes
tcrday morning and as q consequence
there was a larger attendance than Ia
usual al the morning sessions. h at
tendance in the afternoon knocked out
all previous records.
The first witness called upon by the
contestants in the morning was George
Richie, an old-time customer OF the
Reilly establishment. who had known
Mr.. Reilly for fifty years. Witness said
that MIR. Reilly in the latter years OF
his life showed signs of childlshnes5
and forgetfulness. He had frequently
known him to 20 to sleep, and not to
understand the trend OF a conversation
bringing in subjects utterly lrreYelent.
William Bowler, who for 4 time was
the personal attendant, was the next
witness. He wa employed to attend to
Mr.. Reilly up TO the time the colored
man was secured. He testified that MIR.
Reilly would frequently go to sleep and
would at times not know what he was
doing. He would sometimes. tell witness
to do certain things, and when witness
complied Mr.. Reilly would get very
angry. Regarding the visits OF Father
Sullivan to the store witness said they
happened two or three times n week,
and that they lasted from ten minutes
to one hour. These visits took place
after tho death OF Thomas Reilly. On
cross examination witness said he often
had TO help Mr.. Reilly around. Wit
ness was asked by Mr.. Russell if the old
gentleman did not walk up three flights
of stairs in the Reilly building on
Thanksgiving OF 1891. Witness replied
that he did not.
Mr.. Hubbard introduced as evidence
the appraisement of AIR. Reilly's estate /;
it gives tho value ut S5S4,00O. AT this
point the contestants rested.
Mr.. Russell said that the defendants
supposed that the plaintiffs witnesses
would take up all the time until noon,
and that the defendants witnesses had
been excused until 2 o'clock in the
afternoon. This being the case cour
adjourned until 2 o'clock.
AFrERNOo SESSION.
at the afternoon session Mr.. Hubbard
said there was q witness present for the
plaintiffs whom lie desired to be heard.
This was agreed to, and the witness,
Mr.. Gilmore Brown, n civil engineer,
gave his testimony. lie knew Michael
Reilly we'll, and recalled the construc-
ton OF a highway bridge at Manchester,
wherei it was found necessary to hold
the old bridge up. Mr.. Reilly fire.
~quently passed over this bridge. The
work was done in 1889 and 1890, and
was finished during the latter year. 1t
was built alongside the old bridge so
close thai some of the old piers had to
be partly cut away; floor OF new bridge
was about eight feet higher. lie was in
Mr.. Reilly's presence when the new
bridge was talked about, at Revmann's
brewery. Mr.. Reilly was asked what
he thought of the new bridge, and he.
did not seem to realize what was being
talked about, and did not answer tho
question, except to say, "What bridge?"
MIR. G. Ed. Ncndcl was recalled and
fixed tho date OF the last purchase made
by Mr.. Reilly July, 1891; it was Il hair
mattress. At first ho kicked about tho
price, but finally he drove up to the
store and said, Make that hair mat
~tress."
On direct examination witness said
he did not know for what the mattress
was to be usod. Witness said Mr..
Reilly would buy goods at higher prices
from other stores. lie said on ono oc-
casion he raised the price on an article
from $50 TO $50, and the deceased bought
it. Witness said he raised tho price on
this occasion to get even for the Jew
ings down" he had been subjected to
byzdeceased before that occasion.
Mr.. Russell submitted 4 paper to tho
contestants attorneys. MIR. Hubbard
saidt hcre was no objection, if it was
known that tho signature was not that
of Michael Reilly, but was that of
Thomas Reilly. Tho paper was q lease
entered into between Michael Reilly
and tho chamber OF commerce, sigued
by fiullihen Quarter, president, and
Howard Hazlett, secretary.
at this point the plaintiffs rested
their case, and thon commenced the eN-
animation OF witnesses summoned by
b defen,icrs of the will.
TESTIMONY IN R%EBUrTA1.
w. G. Handlan was tho frat witness
called. by tho will defendants. Was
formerly sheriff; knew Michael Reilly
thirty-nine or forty years; knew him
politically only until he became his
bondsman in 1851; frequently went to
the store to buy, nearly always OF the
boys. Would frequently sec the old
man, and rented a room from him in
the Reilly building in 1855. In Noyem-
ber, 1891, he paid the old man rent for
the previous quarter and had q talk
about another room, and n short time
after ho selected another room. the one
he occupies now. lie saw deceased
Thanksgiving day, 1891, in the building;
Eewas walking up the stairs, supported
by some gentleman; saw him only going
the second flight of stairs. AS to
mental capacity, witnoss never q any
thing wrong or heard of anything until
this trial controversy arose.
On cross-e3aminntion by Mr.. Hutch
fnson, witness did not know Ar. Reilly
refused to have an elevator put in the
bnilding; The elevate was put in IN
a1S91. Witness had little to do with Mr..
Reilly before 1885. Saw George, James
and Thomas ut tho store, and always
bought from tho boys. The old man
WAS usually found in the office in the
arm chair n normal condition. Said
he said Mr.. Reilly at the store only
about once in every three months; met
him frequently on the streets. Remem,
bered of seeing him once coming out OF
zE.E -EN pCN -