The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-20

guardian, n cbufcn5 Heulpei ~ Ss' NC Pcs
tor or patient to MS physic ;l
Nv what means was the old man made
TO construct this will, is the question
YOU are to try. You are to determine
II this is his true will, made without
an influencing power an undue IN
fiuence is presumed because it's made
to two ecclesiastics, one OF whom was
Jealous in seeing the testator curing
the latter days OF his life.
The question is whether an UNDUE IN
fluence was acquired. The influence
nav have been exercised weeks before.
Was it acquired before? This you
must inquire from the testimony and
surrounding circumstances. Dir. reilly
NAV have intended to give the property
to Father Sullivan; the question Is now
the intention in his mind was produced.
Who could exercise influence 10
whom does the property gof o
Father Sullivan. But he was not pres
ent when the will " as made. 1t was
not necessary that he should be present.
The intention was produced before. 1t
was not necessary Father Sullivan
should hold the pen and whis per IN Mr.
Reilly's ear when he signed the Will
II Michael Reilly was so situated to
be advised by these two devisees 1t Is
incumbent on them to show no lntlu-
ence was exercised; this is shown IN a
nearly allied with fraud, but they are
different. Where the end and purpose
of the party employing it are alike they
are not lar apart. Thus if Father Sulil-
van had suggested that Mr.. Reilly give
$1,000 to him, that would not be undue
influence, but when he derives a con-
siderable property, direct proof OF IN
nuence is not required.
PROVED HIS PROPOSITION.
Had he not proved his proposition?
They have complete power over an
an estate OF 100000. and the children
are not benefited. In addition they
have the right TO commissions OF Slo,-
600.
He had given these citations for the
purpose of showing what the courts
say OF undue influence. It is not con
elusive that the testator gives an lntelll-
gent assent to the will. In this con.
nection he cited the case OF the wife OF
President Tyler. The judge, John X.
Porter, who represented the United
States governmental, the Guiteau case,
saws that undue influence can be in
ferred from the transaction alone. U n
due influence can be presumed from
the will Mrs. Tyler in this case infiu-
enced her mother, Mrs. Gardner, and
the court read it between the lines.
visitation by Father Sullivan at the
stores and sugar room, and we must
presume that it is the hand OF Esau
though it is the voice of Jacob. That
Mr.. Reilly acquiesced in this will only
shows the undue influence that was ex-
erted upon him.
Now, gentlemen, have L not made
good the proposition that IN the alb
sence of talks with White, and in the
.,|Dt 5,,}o orr on
sugar room, the fact this paper deVises
as it does is proof positive that he ex-
ercised that priestly Office to produce
the effect OF making that will.
The next referred to the fact proved
beyond doubt that the old man was not
a devotee of theology. Tom in his
spare moments applied his mind to
theology, and the old man said Tom
was devoting too much attention to
theology and was 100 pious for bust.
ness. If we all had more religion than
theology we would have better business
transactions. Within few months he
suddenly changed; it was right about
face and no devises his entire estate to
theologians. Little theology was wrong,
but too much was good. This is a
most homogeneous thing, turning over
to these two this grocery store, and
directing them to run it, and superin-
beer and ale. Gentlemen, was this
right? Was his mind right? don't
think so. One of the strongest things
is that Father Sullivan revealed the doc
ument to the boys and daughter, not
when he first knew of it. They knew
these boys were left out in the cold
They kept it in secrctin their breasts.
When it was divuged, look at the atti-
tude OF Father Sullivan. He was wise
viglant, though not as
HARMLESS AS a DOVE.
He knew the two most valuable wit
nesses of this case were Bowler and
Powell. Father Sullivan went to the
restaurant where Powell worked, but
Gays nothing to him. He went to
Brunhaus because he had influence
over Powell. He didn't get much out
of Powell. He meets Bowler at Schnepfs
drug store and says: "Whatever is the
result of this thing we will have to have
a man here. By the way, Bowler, this
job is to be kept by someone; don't for
get, Bowler, that jobs there" There
are two things in this interview-he
tried to influence Bowler toward him
sell. He further said: "?ou must keep
of the stand, for you will be turned
over" What about such an interview :?
One was an invitation and the other was
threat. Father Sullivan next inter
views White, and is not successful
there. White was not frightened-and
he came, saw and, 1 think, conquered.
Next he talked with Stansbury. Why
did he go to these four gentlemen?
What did he say to Stansbury2 81 am
going to push this thing. and if we lose
in the lower court we will take it to the
higher court, and there will be litiga-
ton for years; and over in Ohio they
had will case and finally the heirs
were landed in the poor house" It was
intended Stansbury should carry this to
the boys. Don't you see the lust and
temptation OF gold? He would not have
done this but for the one pen stroke
that laid this immense fortune in the
laps of these two gentlemen.
There is too much OF this kind OF
power. The One who commissioned
these two gentlemen said: My domin-
ion is not of the world" You remem-
- - "FNsS