The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-17

End, and Made Strong Appeal for
His Ciients-NIr. Hubbard WIN Fol-
low This Morning.
Yesterday in the Reilly will contest
trial was entirely devoted to arguments
I by Attorney General Thomas S. Riley,
for the proponents of the will. He
spoke for four and three quarter hours
and when court adjourned last evening
had not completed his address to the
jury. He will conclude this morning.
Mr.. Riley began by citing cases in
support OF his position in the case.
It does not come within the province
OF the jury to say that man who has
accumulated large fortune ahall not
haye perfect right to dispose OF 1t as
: hewil. AS to feelings of resentment
toward his children, even if founded on
a false state OF facts, it does not invali-
date the will. II Mr.. Reilly had the
capacity. he had the right to mako an
unjust and unreasonable will. He
would speak OF its unreasonableness
later The will has been misrepresented
on the streets and in the press.
AS to the execution of the will, Mr..
Reilly was not man who did things in
secret; his dealings since he came to
Wheeling were above board and with
out reproach. He had one son, who
stuck tn him through thick and thin;
this evidence does not show that
Michael Reilly did not believe in the
Irustworthiness OF his CON- Thomas.
While this son was living he made
different disposition Of his property.
. IT, bo ,l< Of l., fn n
state of circumstances prevailed.
Thomas was dead. The proposition is
proven in this case that
Thomas was the only son in whom MIR.
Reilly had confidence. After Thomas
death Mr.. Reilly called on Judge
Rogers q man whom he trusted, and in
whose judgment he had confidence.
The interview took place in the store,
and the first will was mentioned, and
Michael Reilly said he had no faith in
the rest OF his family, and he would
therefore put his property in trust.
Judge Rogers stood up for the sons and
objected to the provisions of the will.
Michael Reilly entertained the idea
of making will like his fathers all his
life, and spoke OF it fifteen years ago in
terms of praise to Colonel O'Brien. He
asked Judge Rogers about all phases OF
.awill like that of Philip Reilly. and
after while abandoned the idea Of
trustees for each branch of his business.
The discussion, however, shows he con-
sidered tho subject thoroughly as
business man and took his own time
about it, Judge Rogers refused to
make the will-he had been raised
with the boys. That incident showing
Judge Rogers could not turn Mr.. Reilly
aside from his purpose shows ability
and stability of purpose on the part OF
tho maker of the will. Mr.. Lamb as
sisted by Mr.. Horny NJ. Russell were
then employed to write up the will.
The first interview took place
WITHIN SIGHT OF TIE JURY
on the public square, and the day after
Mr.. Russell agreed to act. Within
week the whole transaction was com
pleted. NIessrs. Lamb and Russell and
Mr. Reilly met at the formers house
and there tho instrument WAS COM
ple;ed, NIr. Reilly debating the terms
of the will to Mr.. Russell. Mr.. Russell
took the notes and the next day pre-
pared the first draft OF this will, and it
was submitted ut q second meeting and
its provisions discussed; three minor
matters were changed. Mr.. Reilly was
told to see the executors and see if
they would accept. They were seen.
either one or both, and Dir. Reilly said
there would be no trouble on that
score.
AS to whether Mr.. Reilly had capacity
to execute this will, it was the duty OF
Mr.. Lamb and Mr.. Russell to know that
Mr.. Reilly had tue capacity to execute
that will. It was not likely that the
honored name of Mr.. Lamb would be
affixed to the will if the maker was not
capable. 1t was not necessary to speak
of MIR. Russell in this respect; it could
BIO safely said that if either had sus-
.picion that AIR. Reilly was not capable,
they would not have placed their names
there. Mr.. Russell has testified that in
physical condition Mr.. Reilly was right.
and in his opinion he was of sound
mind. Peculiar weight must be given
to the testimony OF the attestiug wit
.nesses. for the reason that they had an
opportunity of seeing his inontal and
standing in the community; they had
no interest as to the disposition of his
property, SO their evidence should have
peculiar weight, and outweigh any,
thing that has been offered on the other
side. Next there was a meeting with
the trustees at which they decided to
accept the trust. This meeting was
held at tho National Bank OF West Vir-
ginia.
Inc attOEuoSS SA VIC OtitI SISAS seelh
try to make much out of the spelling of
7" Michael" in the will, and that there.
fore he was not capable, mentally. 1t
is in evidence he usually signed his
name "M. Reilly" and that but two
papers are found VIII ere he spelled his
name out. He was therefore not in
miliar in the writing of that word, and
5he could show the jury it was not men
tai incapacity that caused him to spoil
that name wrong. He compared tho
two signatures of the will, and in one OF
them he spelled Hael'' properly. 1t is
an easy matter to drop a letter in writ
ing rapidly, and is liable to happen to
anyone, not because person does not
know how to spell.
sss The next question is one not Involved
in this case at all, but has been raised
blythe contestants-that of undue in
5fluence on the maker of the will. It is
the duty of the contestants to prove by
evidence on which the jury can base an
hot inf