Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-24


was OF unsound mind is entitled TO great
| weight.
No. 4. The jury are instructed that
whether the paper writing IN question Is
| termined like any other question, in view
OF all the legal evidence in the case, and no
controlling effect is TO be given TO the testi-
mcny Of subscribing witnesses.
No 5.-lf the jury find from the evil
dence that the paper writing in question is
unreasonable, unjust and unnatural, and
| IL Is 10 be considered by them In connec-
ton with the other evidence in the case
on the subject Of the mental capacity OF
MIR. Reilly at the time he made the paper
| writing.
No. 6. If the jury believe from the evil
! dence that the testator. NJ. Reilly. had
| Tor long time prior 10 the execution of
the paper writing in question, a delusiOn
which perverted his mind. causing him TO
/ repel and treatvhis children unnaturally.
cruelty and unreasouably, and that his
| delusion became a monOmania in respect
TO his children and that IL operated upon
and influenced his mind so as 10 induce
him to make said paper writing, then the
| jury must md that said paper writing is
not his true will.
No. Z. II the jury find from the evidence
that the paper writing in question was the
! product Of an insane deiusion TO the
character and conduct OF the teststors
children, which operated upon his mind at
the time the paper writing was made, they
must find for the contestants.
No. :. If the jury ind from the evidence
that Michael Reilly at the time he signed
| tho paper wiling in question was lsboring
under delusion of facts, prod ucing mono
mania as TO the conduct of his sons and
daughter, aud that this deluson led him 10
sign said writing. then IT is not his will Ill
| though the Jury NAV be satisfied by the
evidence that said Michael Reilly was per-
| fectly conscious of the nature of the teste-
mentary disposition of his estate and aware
OF its effect as to his children.
No Q. If the jury find from the evidence
that the mind OF the testator. Michael
Reilly, was under an insane delusion as to
the character and deserts OF his children
so as TO cause him TO repel them, and 10
treat them harsbly, unreasOnably aud I'M
| justly; and, If they further find from the
evid snce that this insane deluson existed
| prior TO the execution of the said paper
writing, then IL is for proponents TO es-
tablish the fact that such insane deluslon
did not operate aud had no effect on the
said Reilly at the time when he made
said paper writing.
No. 10. If the jury find from the evidence
that the mind OF the -testator was effected
by an insane delusion wIich operated so as
TO cause him TO repel his children and to
treat them harshly, unreaSonably and I'M
Justly; and. IL they further ind from the
evidence that this insane delusiou existed
in the mind OF the testator prior To the eX-
ecutton OF said paper writing, then the
burden OF proof is upon the proponents to
establish by prepOnderance OF evidence
that said delusion did not operate and had
no effect in tue mind OF Michael Reilly at
the time said paper writing was made.
No. IL. The jury are instructed that
while the burden OF proof is upon the con-
| testants OF proving that said paper writing
, in question was procured by the exercise
or undue influence operating upon the
mind OF Michael Reilly at the time of
the execution of said paper writing.
yet the inquiry is not merely whether
undue influence was eXerted at the time OF
the execution OF said paper writing, but
whether undue influence had been acquir-
ed on the mind Of said Reilly which oper-
ated upon him Mt the time of executing
said paper in the disposition OF his prop
erty.
No. l2-The jury are instructed that IL
they believe from the evidence that the
said j Ohm Il. Sullivan was the priest or
spiritual advisor of the said Michael Reilly.
and that he had opportunity for the exer-
else of undue influence, and that he obtains
personal and substantial benefit under
the paper writing in question 10 the exclu-
sion OF the heirs and natural objects of the
bounty OF said Michael Reilly. then ii Is for
the jury TO say from all the facts and { ir-
cumSJances OF the case whether or not IN
due influence was exercised by said j. II .
sullivan on the mind of said Michael
Kelly which operated upon and controlled
his mind at the time OF the execution of
said paper writing.
The papers, including the will, were
then handed TO the jury, and at FIVE
minutes after twelve the jury filed out
Ihey were out just seven minutes, or
Just about time enough 10 organize, and
twelve minutes after twelve they re-
turned into the Court room, amid sup
pressed excitement on the part Of all
present, although those most expert
enced In such matters had no idea that
verdict had been reached. The
twelve men took their accustomed
chairs, and In response TO the interro-
cation OF the Clerk, Foreman =. u. No
bic said they had not reached a conclu.
sion, and they were therefore adjourned
until half-past one, to which time Court
adjourned.
AT half past one o'clock the Jury re-
turned into Court, received the papers
from the Clerk, and at once filed out to
the jury room. There was quite a large
audience in the Court room when the
afternoon session opened, and tho peo-
pie hung on to their seats during the
afternoon with pertinacity as marked
as that manifested at any time during
the progress OF the trial II their ac-
cushioned niche in front OF the Jury oox
half dozen ne 9spaper men were clus-
kuAHh al NhAtu Aub Jay hllllUK time.
/ making what,little copy" they could.
and exchanging "reminiscences as TO
causes ceIcbTC, In which they had spent
| hours In waiting for the verdict"
There was no incident until seven
minutes Of four, when there vas rush
| OF spectators from out la the corridor
and from Judge Jordan's Court, and
there was general expectation that
] the jury had given some Indication OF a
! conclusion. The excitement was with
/ out warrant, however, as a glance at
/ the jury room windows showed that
! they were still engaged In their de-
/ llberatlons.
| At 4:45 there vas another rush OF
| spectators, and in moment the jury
came 10 and took their seats, EXPRESS.
| ing surprise among themselves. a. they
| did 20, 80 the crowded state Of the
| Court room. the apartment being packed
20 sufIocation with larger audience
than az any time during the trial.
| Pages we're sent for Judge Camp.