Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-20

aud did 50, the extracts going TO show that
although "a testator might have all the out
ward Signs Of a well balanced and dispos-
ing mind, be might in reality be the pos
SCISSOR Of the most eXtravagant and I'M
founded decisions towards the objects Of
his bounty. AS showing and exDlifying
this, he read Of an English case in which
"A man who IL afierward turned out had
been
INCARCERATED FOR YEAR
in a r0adhouse, had gotten out aud brought
n SUIT for false Imprisonment, and the most
expert and experienced men had CrOss-ex-
amined him for "A day and were utterly uu-
able 20 uetGct one evidence Of insanity,
until physician who happened TO know
MN, and 10 know that tho plaintiffs delu-
sion was that he was the Savior OF man
Kind. came into Court, and humbly begged
tho PLAINTIFFS pardon for some mythical
OUense, when that man, who had for a
whole day successfully parried the ques-
lions OF searching cross-examination as 70
his sanity, got up IN the grosence Of the
whole Court, aud with the almost solemai-
~ said: 81 forgive you | am the Christln
IND so said Mr.. Hutchinson, 1.-THE case
ended
Mr. Hutchinson read other quotations
and citations from the English Courts,
bearing upon the question OF not always
apparent Insanity or monOmania, and then
read the conclusion OF the Judge, in the
Clark case, p. 4s3. OF the Ecclesiastical
Reports, the Court holding that the testa-
Tor had been the subject or IN unfOunded
delusion respecting the acts and character
and conduct OF his child. held there was no
proof OF the foundation for the dclusion on
the part of the proponents Of the will, and
the Will was broken. The speaker said IL
was so In this case at bar. There was a
delusion existing. anu proponents had ut
terly failed To show the contrary, as they
were in duty bound 10 do. There might
have been some slight foundation for
Michael Reily's most unreasonable &C
tons, out N they were magnifed TO an I'M
reasonable extent, and brooded over, aud
uursed until that magniiicd cause became
OF overshadOwing extent, and hid all else
from the mind OF the testator, then he was
possessed OF an unreasonable dclusiOn.
Tho evidence OF Schulz. and O'Neill, and
Rogers aud q Brien ut the English case
OF Dew V. Clark exactly, and were 50 like
the evidence Gcduced away back In 1918
that 10 might have been part OF il. In
that case the Judge said the the testator
was the victim OF morbid delusion. anu
SO II must be here
God only knows when this delusion
aud bitterness or feeling first found "A lodg-
mcnt IN the old nuns mind II may have
had its seeds s0wn away back in 1874
when he rushed of in "a tit OF temper 10
the Office OF "A Justice of the Peace and
which warrant was Immediately abau-
doncd. There is not one iota OF evidence
that there was ever any cause for that act
-tna. Michael had ever done anything
but this morbid idea may have had its
origin there, and thence grown and -four
ished until II took in all the children. and
had it's nnGl outcome in that paper which
bears his signature as his last will"
lie especially directed the attention Of
the Court aud jury TO the point that there
p at a
with no adequate proof TO the contrary, on
the alrt of the proponents, ana then said il
there ever was case a which the doctrine
OF mental delusion had been reasoned out
10 a righteous conclusion, 1t was in the
quoted and parallel case Oh Dew V.
Clark. The case az bar was thc first OF
its kind brought TO an issue ia this state.
and the jury might well be proud that they
had been called upon TO settle the issue IN
sucn an important particular, and to say
whether the acts OF Courts from whence
we get all our Jurisprudence was TO stand,
and whether most unnatural, unrighteous
and unreasonable will was 10 stand against
all ideas OF right and public policy and
humane duty. 1t was for the Jury he ad-
dressed
TO SET A PRECEDENT
once for all in this State. and 10 say that
such things were not to be in West Vlr-
GINA.
"
30 Pa, p. III, and ne said Michael Reilly
may have had mind sufficient 10 dictate
letters, and talk about fish and real estate.
Tho contestants did not claim he was u
frantic TOOL or raviug maniac but they
did claim he was tho victim OF dalusfon
unnatural and unfouuded against the OBJ
JectS or his natural affection, and when
they had shown that dcusiOn they had
shown enough The question for the Jury,
and the speaker had no doubt each had
asked 10 OF himself was "Why was this
thing done Just this wayN' That question
was tue vital one, containing in its answer
the pith and marrow Of the contestants case.
The answer was, because it was the pro-
duct Of an insane prejudice and unnatural,
imaginary and morbid delusiOn against his
children and their families.
His next citation was from the charge TO
the jury IA Iaruey V. Long, and followed
this by "a citation from Bituer V. BitnCr 90
Pa, Still upon the question of decisions,
aud said MIR. Reilly knew something of
business, from long association. He could
ask Tor dividends, and call for money, and
sign checks, ana complain abOut mOlasses
but those things had nothing 10 do with
the decisions he Rugged 10 his soul, aud
which afforded the clue 70 the distribution
of his property. That business knowledge
was not Inconsistent with the existence OF
delus.On, and IL had been so held Dv the
Courts. A man had right ii OF SOUND
mine, TO make an unequal distribution Of
his property among his children. He
might say 20 John, ] will give you twice AS
much as James. or TO Jonn, j will give YOU
une-third more than TO George, or 10
Michael, I will cut YOU off with $50 He
might be aole and have right TO do
this but when he sCJs all his blood and
kindred aside, and puts his whole property
iu the hands Of strangers the posses
sion OF these two gentlemen hereto be
administered upon as they see ut, then il
becomes proper FOR us TO make an enquiry
into tho facts and surroundings Of tue will
add that enquiry we nave made. and we
think you viii answer By your verdict that
we have made u properly and made IL
well.
Afternoon Session.
Tho afternoon attendance was Of about
the usual size and character. and filed all
the available space within the Court room
Mr. HulcnlusOn resumed al 2 niclnck nV