Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-19

ing, prepared 10 listen to the continuation
OF Mr.. w. L. Hubbard's address to tho
jury on behalf OF the contestants OF the
Reilly will. n considerable number OF
ladies were present, In the Court room and
at tho upper corridor windows. Many at
torneys were also present The greatest
interest was manifested throughout tho
session, and MIR. Hubbard repeatedly pro-
voked laughter and other manifestation
from the audience which were promptly
checked, as ON the previous day, by tho
Sheriff.
Mr.. Hubbard resumed his remarks at
04O o'clock by saying IL was the law OF
the State. as lah down In Kerr v. I.uns-
ford, that althoug h u will may grow out OF
a misapprohensiou OF facts 1t would not bo
revoked, but no Court Of Appeals had
ever decided or ever would decide or hold.
In IA case like this. where the dsnherit-
nnco OF the children came about not by
feelings which might permeate the mind
OF sane human being, out whero
there was an insane aud utterly
unjustihable hatred OF his children,
that such n will was valid one. lie
read from Rcdheld on Wills, pp ~,
"a, do and 40, as 10 monomania, etc,
prefacing the reading by asking tho Jury
To pay close attention, and see how closely
AN ~
ly The distinction between monomanin
and eccontricity was nicely and carefully
drawn IN tho book he quoted from, ana as
the reading progressed. MIR Hubbard ap-
piled tho passages To MIR. Reilly, and COM
mented upon the great similarity OF the
cases. to his mind. The difficulty OF some
times Distinguishing between sanity and
partial insanity was set forth by MIR. Red
field, and this led the speaker 10 make still
further comment and TO draw further con-
clusions
FAVORABLE TO ms STAND
regarding the will
lie next read from Boughten vs.. Knight
decided by Sir John Harmon In the English
Court aud reported in Moakis English
Reports. vol. u, the matter treated of being
wills mado through deluslons, aud the con-
| clusions OF the learned Judge upon testa-
mentary capacity were reviewed, and
| MIR. Hubbard dwelt upon the con-
| clusion of the Judge, MAT 4 mgr. .,sha
believed In things which no 81
would entertain was possessed
sane delusion. The juryman must pnt rcI
himself this question, "liow can "a man i'll
his senses believe such thingf" and If the
answer is In the negative then an insane
delusion prevails and that test would solve
the difficulty. The speaker read at great
length from this authority, and
concluding, after reading what was there
held TO be necessary adjuncts OF testa-
mentary capacity, among them being the
hohtIllDu lHhJ no luhbnt utluBlOu bnOulu
| poison the mind or influence tho will,
| that "A will made under such circumstances
ought not 10 stand. lie said he had brought
into Court other cases. and his associate
had still others establishing the facts and
conditions ne had already referred 10. All
these authorities were In u line with the
English case. in which the will was not
sustained, and be read long list Of cases,
from Ponnsylvania, Kentucky, Alabama,
New York and Wisconsin, and he said the
DOnI{a nII iu the
Proceeding, he said ono characteristics
OF "A delusion, as all knew from personal
experience was that one laboring under IL
DID NOT KNOW or MS DEFECT.
The eccentric man knew he was eccentric,
and prided himself upon IL, while the do
luded man knew not OF 10, aud thought ho
was the possessor OF n mind entirely nor
NAL aud well balanced. Such a man was
Michael Reilly He had deusions against
his children, entirely unreasonable. and or
these he would speak, taking facts brought
here by witness for proponents They
showed that these deiusions permeated
aud dominated the mind Of Mr. Reilly, and
40 he told Col O'BriCD, without anything
70 bring IL up, that Thomas was
"of 20 account" and Colonel
O'Bricn said he never knew n more un-
reasonable man. ''Tbore have bcon ale
gations agaist James Reilly" said Mr.
Hubbard, but there has not been even "A
suspicion cast upon the character OF
u
said Mr. Reillys talk about his children
was simply horrible" and James e.
Rogers said he had never had any cause
TO doubt his sanity Ia some respects, but
on cross examination he said he doubted
his sanity with respect 20 his children, and
said that on that subject he was "off ia
his mind" and was entirely unreasonable,
for Judge Rogers had seen nothing wrong
with tho boys. And Mr.. Reilly put his
daughter in the samo category with the
saNAHa IA fact il ruf hau Cd
that Is not a cause 20 set aside "a will, but
when there is no fact 20 mlsapprehend,
THEN rHE WILL HUsr 90"
There was no question about the capacity
OF tho boys. They were all capable aud men
Of business, and no man could wish for
better ouiogium when he Is gone than Col.
Thomas O'Brien's words Of praise for
Thomas Reilly" Col O'Brien had said
tho boys were faithful employees, and that
Helen Reilly was devoted daughter "As
10 John koilly, after Col O'Briou had
spoken OF nll tie children but one, Mr..
Russell said, with sneer. how abOuB
JohuN and inc witness said tvoll, I didn's
see John much about there and with an
o'hor suoor Mr.. Russell asked, where was
John " and like an electric shock came back
his answer, well, ! understood Mrs Reilly
was in bad health, and that John was es-
pcciallg taking care OF his mother That
answer consumed that snCer and that an
swor thrilled me, aud sped along your
y
through your faces in a look OF heartfelt
sympathy. DNluhorit John
Reilly, II you dare, for what he did, and
10 out and CaH yourselves men"
He referred 10 the statement OF Mr. Ri
ley that John Reilly had received bv thu
terms OF tho will 5,l4f year for doing
nothing, and said 10y the terms Of the viii
he got
not ONE CENTn
lie dwelt upon what John Reilly bad done
tor his mother. and on his ill health, and
said under these conditions Mr.. Riley had
talked with entire equanlmity OF John
Reilly's going TO the poor house., and said
"Hs got a., i4l year, by the terms of the
will. for doing nothing He got nothing,
except what was doled out 70 him BY the
executors, and while he was getting 50 l4k
for doing nothing Father Sullivan was
getting s5,ODO year for doing almost soso-
lutely nothing"
He dwcit upon tho services Of tho o,heI
sons 90 their father, and especially that OK
Thomas, who had shown a remarkable ds-