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

AS to the calls of Father Sui1iHaE oii
8lr. Reilly, in his opinion he catled 70 zoo
frequently for the other slde. Mf.
Reilly was an old member oil rather
| Sulliyan's congregation, aud he took an
| interest in him as his pastor, ana TINS
| should not be thought unusual IN the
DAYS of his old age The petition mas
not shown undue influence and the
children &lnow there was none II
| Father Sullivan had selfish object IN
view would he have held these numer-
GUS open interviews with Mr. Kelly at
tho store? The purpose and objects OF
| these visits were known by the children
| Just as well as by Mr.. Reilly.
He called attention to the provision
REGARDING investments in church pro-
Derty. and asked If Father Sullivan
| had exercised undue influence would ne
have put such provision in the Will
That provision was made like all the
others, by Mr.. Reilly. II Father Suill-
van was making will for his own in
terests he would have had the property
sold and divided among the heirs at
once and got hundred fold moro IN
| com missions than he can hope to get II
he lives fifty years. The only quarrel
on record between Dir. Reilly and Judge
Rogers is when the latter attempted to
exercise influence, and Father Sullivan
could not be expected to have moro IN
fuence than Mr.. Reilly's confidential
adviser.
The other side says that Mr.. Reilly
was easily influenced. The fact is until
this trial came ON it was unheard OF; t
was not known he could be influenced
easily on matters OF business. The Wit
ness. Luikert. said that to influence Mr.
Reilly "you would have to have much
the better OF the argument
ABOUT THE TESTIMONY.
He spoke of the class of testimony
brought in to show Mr.. Reilly was in
huenced, and gave instances OF it in
testimony of the witnesses Seamon and
Schlosser. The witness Buch testified
he was easily influenced; he wasn't
easily Influenced by the raising OF his
salary He called attention to the tes-
timony of the witness Wheeler, who
said Mr.. Reilly was easily influenced
because Powell and two tailors said a
pair OF pants fitted when they didn't.
He did not know OF q tailor who could
MT convince half dozen men on these
matters OF fit. He spoke OF the testi-
mony O: Mr.. Elingham who said he
could get a better bargain from the
boys than he could from$the old man.
This shows the boys were easily in
luenced.
They say Fritz Luikert had greut in
nuence over Mr.. Reilly, yet that wit
ness comes on the stand and says he
had no influence unless he had the bet
ter OF the argument.
Who are the trustees has no bearing
on the question as to the mental capac-
ity, but tho other Hide has by hints,
suggested the truste are not proper
ones Was it wise selection or was 1t
contrary to selections heretofore made?
The will of Philip Reilly was intro
duced, will Michael admired, and you
saw Bishop Whelan was the sole execu-
tor Mr.. Reilly was here when THAI es-
tate was administered by the bishop IS
sole trustee Was it strange Mr.. Reilly
should make similar selection? There
were other instances here where eXecu-
tore from the same vocation were Sc
lected John and James Reilly went to
Mr. O'Neifl and said that the selections
OF executors were good, and they were
glad they had been selected, though
not satisfied with the provisions of the
will
At the start OF the taking OF testi-
mony AIR. Hutchinson laid great stress
on the physical condition OF Mr.. Reilly,
as though it figured largely in mixing
this will. The colored man, Powell,
was put on the etand. To believe that
man you would believe he was driving
old Rip Van Wrinkle around tho streets.
AS the testimony was given it was
found, however, that the old gentle
man grew stronger in the summer of
$780, He spoke OF the testimony OF
Mrs. Roth, and said it would be good
thing for many OF the girls who run
the streets if they received the training
Mrs. Roth got under the sisters at
Wheeling hospital. The fact that she
than weakened her evidence. He dwelt
on her testimony. and said it was not
possible for man in very bad health
to mako an extended trip, as Mr.. Reilly
did in 1890. The witness, Bowler, tes-
titled he was driving Mr.. Reilly around
at the same time Powell said he was
doing the same duty.
DIFFERENT TESTIMONY.
On the other hand you have the testi-
mony of man who stands high in the
community, who cares not how the jury
decides-W. G. Handlan, who saw Mr..
Reilly walk up three flights OF stairs in
tho Kelly building in 1891. The teati-
mony is that Mr.. Reilly attended to
various matters up to the twenty-frst
day of December. 1891. Does it look as
though man who could do that was
SO wonderfully weak? During this
time there is record OF put one call on
q physician. Mr.. Franzheim tells he
went up the stairs at the Franklin In
surance company unsupported. Col
O'Brien testified to the true situation,
and says all the difference he could OBJ
serve between 1890 and 1891, was that
he was q little more unwieldy in $780,
There is no testimony to show his ply
steal condition affected his mental capa.
city.
At this point the attorney general adj
dressed the court, saying he would
start on new line of argument and
asked if it was desirable to adjourn for
the afternoon session. AS it was then
near the noon hour this was done.
AFTERNOON SESSION.
AT the afternoon session Attorney
General Riley resumed his argument
for the proponents OF tho will. At the
beginning of tho session the largest
crowd OF spectators yet seen during the
trial was on hand, the fact that the tes-