Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-02-04

delns;ons of Mr.. Reilly should be given no
tveiohf mt the Supreme Court OF Mary
land had decided and held that the opin-
ions of witnesses of fair powers OF ooser-
walton became facts. Opinions were often
made up from meager aad TRIVIAL cir ,1.n1,
stances, and witnesses often Iali 70 u ose..
reasons for their belief, because rang uSso
fails TO describe the Impressions susy
make. If the testimony complained OF oy
the other side was to be thrown aside, very
little would be left. After dwelling 1or
some time upon the matter, Mr.. Huoosr9
said Mr.. Melvin had, he feared, stuuteu
the cases he had cited so long ano SO IN
tently that they took on dlsIorueo solm
TO him, and appeared as dlnerenI Iro"
what they really were.
as TO instruction No. 10, which pro,
ponents had complained OF, Mr.. Huooaru
said if there was any cause OF complaint
il should belong on the side Of contestants.
His side had thought they were entileo 10
a drastic dose in that instruction, OUT IN
stead his Honor had only administered
bread pill and yet that was repugnant 70
the other side. They were complaining
without cause.
ecutors. the speaker held that the benefits
were large ana striking. Here was an es-
tate Of $500, COO or S70O,00O given into the
hands of a spiritual advisor, who was 70
handle il absolutely all his life, and az ms
death 10 name his successor; "a man VINO
got the tirst year 5000 for nothing, ana
who paid another TO do all the work
and vet nv friend on the other slde
saws there is no substantial Deneht
there, and that il is not a question Tor the
Jury. 1t illustrates the straits TO whlcn
gentlemen on the other side are driven,
and shows their tendency 10 grasp al
straws." He thought the jury nad proper
" considered that there was personal
and substantial benefit to the exclusion
and injury of the natural heirs.
Judge Melvin restated his position, hold
ing that the commissions would 90 to any
one appointed in lieu Of the present execu-
tors, and that there was no injury 10 the
objects of the bounty, but on this Mr. Huo-
bard pointed out that there was, from any
point of view, a difference of a commission
of ) per cent. on the real estate TO the helrs,
with a will, as against the absence OF
will. and therefore, if Father SUI
livan was instrumental In secur-
ing the making OF 8 WILL
he was personally benefited to the extent
of 5 per cent. and on top OF that ne mad the
prestige of controlling an immense prop
ertv during his life, and at his death could
himself make a Will. naming MS successor;
and on the other side no existing power
could ever COMPEL the executors to pay
over one cent 10 any heir, and no one could
COMPEL any accounting. To be sure The
executors could not spend the n.cnev for
themselves, out aside from that there ex-
listed all the elements Of a personal benefit,
ana every iuducement to Father Sullivan
to wish the making of such will.
On the Question Of the verdict being con
trsT tG the evidence Mr.. Hubbard said
'sW hv. il Judge Melvin would get new
trial what in TIE world would he do with
in He certainly could never expect VIII
evidence Of the character adduced before
the Jury, to obtain any other verdict from
Jury Of twelve men,