Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1894-01-21

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old age was not sufficient evidence Of ina
oility TO make a will. and Iii IL had been in
1 tue case the Court would have said that
neither old age nor chronic diarrboea inca
FACILITATED man from making will" II was
| also laid down that "a man may DO eccen-
trio, and DO may even want capacity TO
transact many OF the ordinary affairs of
| me-" and yet be aole TO make a will and
went on 70 argue that the real test was the
mental condition of the testator at the
time OF making The will. at Is sufficient
II he understood the business in which he
is engageS, r0collects the property he is
/ possessed OF. and remembers the objects
| OF his bounty" That was ia tho opiuiOn
OF the speaker, the real test Of ability 10
mako will, and going further, the
| Supreme Court had held that n the Tesla
! tor understood what he was doing. il was
| immaterial 70 whom he gave his property
| whether 10 one OF his children, or
TO all OF them, or TO strangers. This was
! not from the Coda Napoleon or the law
! OF tue Roman Empire, but from the
| Supreme Court of West Virginia. Now
| what becomes OF all this tissue which has
| been so carefully elaborated by the gen
| tlemeu on the other side from the law OF
| other States aud other countries, what be
comes OF this house, was going to say OF
cards, but you can build just the same sort
| of house out OF those law books-erect
"A vast pyramid with the 'Santarian' on
| top, and the Supreme Court Of this State
| AHONAS O"N AiDii DSASAtu tub LOWEST OOOA,
AND DOWN IT COMES,
and the law OF West Virginia applies TO
| the III an Handle just as Il does TO the rest
Of the State, and MIR. Hutchinson, with
| his magic rug, cannot transport US 10
| Pennsylvania or anywhere elsen
After an interruption or two from Mr..
| Hubbard, called forth by Mr.. Russell's
| citation OF Pennsylvania case, which he
| said was not applicable and which Mr.
| Huhhard nnRafiouad
the alleged evidences of Mr.. Reilly's in
sanity, chief among which was his DISPOSE
| tion TO go 10 sleep in his chair when i'm
/ portant matters were on hand The
speaker thought that was scarcely an
| evidence OF insanity. He did not believe
| any OF the jury were insane, yet he didn't
muck doubt some Of them had taken a few
minutes nap during the progress of the
! trial or or tho arguments. In fact, he would
not blame them much II they went TO sleep
| during the progress of his argument for If
| they did so ne would take il as an indica-
| ton that they had made up their minds 10
agree with him ana had no further cause
| To listen. Was going To sleep an evidence
OF tnsanityi Why, there was one thing
/ tho speaker wished he was rich enough TO
do, and that was to eat a nice comfortable
| dinner In the middle Of the day and then
take smoke and then go to sleep, and not
| in bed but in n chair, for IL there was
/ any species of sleep which was "a little
/ II,
! II was that nodding and doing which
came TO one in chair He scarcely
thought The act OF going to sleep after
good dinner, in big chair, by
man who had amassed an immense
fortune, was an act OF Einsanity,
! although il WAS perhaps true that his boys
would have liked him to have kept awake
all the time and added further TO his store
OF gold, that they nigh. obtain the more en-
loyment from IL when he was gone And
hon nnN TaafH ha1 lou had h
and talked 10 himself. Well. talking to
ones self was scarcely any evidence Of in
sanity, and IL reminded him of the story
about the man who said he liked 70 talk to
himself Tor two reasons One, because he
liked 10 talk TO a man of sense, and second
~, because he liked TO hear man of sense
talk. And then they said he laughed at his
own jokes aud told the same Jokes twice
The speaker thought man who wouldn't
laugh at his own jokes could scarcely
expect anyone else TO laugh at them
Why" said he, 'both the learned counsel
on the other side laughed At their own
jokes while they were talking to YOU and
yet will you say they are insanei Nay
they did more than that! They accuse
Mr.. Reilly
OF TELLING THE SAME STORIES
over and over on the authority of the
Witness Stansberry, who said that was
his custom at dinner. Well, you gentle
mon VI NAG jury MnO Only como INTO InlS
Court house once in awhile to set on "A Jury
must not think that no one aside from Mr.
Reilly does that. You don't know how
often the little jokes and stories OF the
learned counsel are told over and over
again-the same old stories told again and
again by the same lips, but to different
juries-and they laugh at them every time
Are they, therefore, insaner'
He referred TO the claim that Mr.. Reilly
was absent-minded. and said that was no
more an evidence of insanity than the other
things they had alleged against him. Some
OF the greatest men IN recorded history had
been absentmindcd to a marked degree,
but no one suspected them ofinsanity. One
witness had said Mr. Reilly had tried 10
hang his watch on his nose for his specta-
cles, and he was therefore insane He en-
quired how many of the Jury had known of
an old man or an old woman looking all
over the house for their spectacles, when
they were repOsiDg on TOP OF their heads
all the time. We're those old people insane!
And he told familiar anecdote of the alb
sent mIndedness of DIR. johnson, as a case
IN point of man Of great and conceded
brain power who was absent-minded 10 a
preposterous degree
Then they said the old man INDUCED in
whimsical aOsurdities.n and proceeded
to prove IL by long string of witnesses.
and those witnesses had been counted out
one by one, as they came up 1t reminded
the speaker Of the children game. when
they counted one another out, to see who
would be "it"
Nlr HubDard-And Luikert was "it.n
wasn't he.
Mr.. Russell protested against the inter
rupton, and said he would count Mr.. Hue
bard out right there. lie didn't want 10
be Interrupted.
They said Mr.. Reilly made mistakes.
aud the speaker asked, who are they who
mover make mistakesl They arc the fools
OF this life Why even the learned coun-
sol on tho other side said. as preface TO
tnIe remarN. that they might make mis-
takes, hlt they thOughtit
AS EypEycr or INSANITY
ol tha part OF Sir Reilly for him 20 have
made mistake 1n the complicated affairs
OF I.H Immense fortune, When the gentle
Wnu .u f1e other sIdc were fearful OF maxi
'rr mistakes when they came fro hero.
rrr. Hfn nothing in t1e world To-
=0.t nat tU.s WII
ItHf~H.I won't over number Of
i.Ur EfH <ra..sf hr Reilly. and said
." .n .u - lr Hubbard had rlo-
ra.'I p.t .Hr Hf l.r Sons bad been com.
p..|na GOO club IN into $40 o.f mania heal
inat ne was Ia Zoo. "E&.Iui frnr father
through their moDth-p. e-r va flIs foor. "a
Tool Well. III lo who calls hfs
brother fool .s Iu dagger no hrU Gre. LIE
who calls bis father "a fool Is la darrer
aurUuHn. OF being farrr.rn.I