The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-04

Story.
The Reilly will trial was esumed
promptly yesterday morning IN Fart
OF the circuit court, with not the usual
large:sized crowd in attendance. Ex-
animation Of Witnesses summoned by
the contestants was resumed. VIII ..
Day was tho first one examined and
said that he had known Michael Reilly,
and had worked in the Reilly store on
Main street. Had been in the Relllys,
employ for eight years, in two periods.
He said Michael Reilly was very forget
full, and he did not consider him capable
or doing business during the latter
years Of his life. He cited instances OF
his forgetfulness; he would fail to rec
ognize the witness when he would come
into the store after he had left Mr..
Reilly's employ. He did nothing but
sit in the big chair and sleep. The
cross examination by Mr.. Russell did
not bring out anything more.
T. A. Morris, the produce dealer, was
next examined by MIR. hutchinson.
Witness had an acquaintance with Mr..
Reilly extending over eighteen or twenty
years, and sold him goods in his line,.
particularly potatoes and produces
Years ago Mr.. Reilly's mind was all
right and he considered him q good
business man at that time. a year or
two before his death, i'll the opinion OF
the witness, the mind of MIR. Reilly be-
gan 10 give way. About this time in n
conversation about potatoes tho de-
E-.J Il -. l., oI,a 800, +I,a nv iant Of
the conversation to Shakespeare. When
witness reminded him what he came to
the Office to talk about Mr.. Reilly an
swered, "what p~otatoes?" On being
questioned the witness said that during
the last two years of Mr.. Railly's life he
considered him virtually an imbecile.
The witness did not do business with
him III the latter years of his+life, but
went to the sons. Witness had seen the
deceased at Theatres and church asleep.
AS to the deceascd'5 mental capacity
witness said it was "no good"
HIS FoRGETFULNEss.
W. S. Simms, a travelling man once in
the employ OF the Reilly establishment,
was the next witness. He had known
Mr.. Reilly for the last six years OF his
life. He gave an instance where the de-
ceased wen to sleep in the midst of a
conversation which the witness had
taken part in in the interest OF the house.
Other instances were also given by the
witness, which tended to chow the fail
ing mental powers of tho deceased.
James a. Waiter, q merchandise
broker, testified. lie first became ac-
quainted with Michael Reilly in 1880,
when his mental and physical condi-
tions wore much better than later in
his life. According to tn. Witness. the
failure OF his mental powers took place
gradually, and finally he became very
%torgetful, not remembering parts OF the
same conversation. Before and after
Thomas's death he did not consider
him capable OF conducting q business.
The witness did not transact business
with the old gentleman, always with
Thomas OF James Reilly. During the
last three years Of his life Mr.. Reilly
made no purchases without consulting
james or Thomas. Questioned rs to
the capacity of Michael Reilly for at
tending to business for three years be-
fore his death, witness answered, II did
not consider him capable OF attending
to business at that time"
The next witness examined was A. J.
Seamon, who was employed as entry
clerk from 1887 for four and one-half
years. While he was employed ut the
store the sons ran the business: Thomas
had charge OF the financial department
and James was the buyer of tho firm.
Occasionally MI. Reilly would attempt
to do business, but there was sure to
be 1'tbreak" then. After the witness
had left the deceased's employ he would
occasionally go to the store, and often
Mr.. Reilly would not recognize him.
Witness said he never saw a father
who treated his IONS worse. He said
Nor a q E1ffap@ ncL-an MIN fp- M i, - ~
Office when only his father was there;
3.hejudged Thomas had
a ZEAL OF HIS FATHER.
Charles Mozier, an ex-morchandise
broker, was next examined. He had
sold goods tc Mr.. Reilly for a period OF
six years. For u time before his death
witness did not consider him compe-
tent to attend to business. He cited m
instance of sugar purchase, when Mr..
Reilly purchased an Inferior brand be-
cause James wanted the best, ut tho
same price. Witness would be talking
business whom Mr. Reilly would sud-
denly branch Oft onto some other topic.
For the lasttwelve months of his life he
did not consider him competent to at
tend to business at all. He knew Of in
stances when the old gentleman bought
goods at higher prices than they had
previously been offered to him. Alter a
rigid cross-examination the witness was
excused.
The next witness at the morning
session was Philip Bachmann, who was
employed at the Reilly establishments
until the death of tho old gentleman.
Witness did not consider the deceased
capable of attending to business and
always went to James Reilly for his or
ders.On n occasion he wanted to
buy his own horse, andion another oc-
cnsion:h he had q cellar door nailed up on
account of the large number OF rats, and
employees at the store had to de.
pend entirely on the elevator. On
Scross-examination the witness &C.
Eknowledged that the horse thatwas Tor
sale and the n owned by Mr.. Reilly
were hitched together in the same vehi-
Gle.