The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-16

GEORGE III. Parks by witness. Mr.. Rus
sell objected. Mr.. Hubbard wante q, 10
prove James was attending to the G IN,
caoo real estate; not Michael Kelly:
Agreement reached. It is UNDERSTOOD
the letters were mailed by James v.
Reilly to Parks
Witness was married February o,
1883. AS to a conversation Win Mr.
Foose witness recollected that Foose
had told him Father Sullivan had SEM
for him (Foose) morethan once ana
that he had told Will toose tnat ms
sympathies were with the family, ana
he was reIuctant.to go, but owing 10
the fact thatthe Cathedral authorizes
gave Will Foose large amount OF IN,
surance. he concluded to go. lie told
witness he gave Father Sullivan good
deal of taTy, and he would make the
worst old witness you ever saw. he
went on and said he was not very
good Catholic; he then asked witness
for s. to make up shortage.
AS to q conversation IN February,
1892, with Bishop,kain and Father SUI.
livan, Mr. Russell objected. Mr.. HUB
bard said the answer was to explain how
it was James Reilly said to Father sulll-
van that the payments had been made
regularly, and also that James said to
Father Sullivan and Bishop Kahn that
the children would contest, and wanted
the twelve months allowed them by the
law. After q consultation Sir. Russell
said:
$50 ahead!"
Witness said those present were
Messrs. Russell and Hubbard, George
V. Reilly, Mrs. r. NJ. Reilly and him.
self in addition to Bishop Kahn and
ho" hn-
gan by Mrs Reilly asking for repre-
sentative, and Colonel O'Brien was tele-
phoned for. The meeting was like
Quaker meeting for awhile; finally wit
ness addressed the bishop and said he
supposed he knew he was not i'll love
with the will. The bishop answered
laughingly. Witness then said: "We
are all penniless." Witness might get
along, but Mrs. Jamison must have
money at once, as the. old gentleman
had asked her to pay all the household
bills, and he would make arrangements
for settling. She got the bills and then
the old man refused to pay. The meet.
ing was adjourned from below to the
bishops room. Witness wanted the
bishop to tell how Mrs. Jamison could
get the money without prejudice to the
right to contest There was no dissent
at the time, and there were various
suggestions, Mr.. Russell saying the
money could be borrowed on joint
notes "the same as any other invest
ments" From that time on there was
no understanding to not contest. The
executors were notified OF the contest
November 8, 1892.
10 Mr. Russell the witness said the
arrangement was carried out AS to any
other arrangement for other money,
witness said there was an arrangement
that $3.50 per month be paid the de-
yisees of the will. There was also
some suggestion as to the earnings Of
the estate.
To Mr.. Russell witness eaid there were
frequent times when he saw Bishop
Kain and spoke regarding the will, and
executed deeds, saying he was doing
these matters without prejudice to his
rights.
10 Mr.. Russell. he could remember
no particular occasion when he spoke
on these matters. He was willing to
swear he spoke on some occasions"
He did not remember the particular
business transacted at these interviews.
AS to occasions after November 8, 1892,
witness said there were several occa-
aions when witness spoke regarding tho
contest.
To Mr.. Hubbard witness said the
business with the bishop at the meet
ings was al executor.
An objection was raised to question
by Mr.. Russell.
Owe offer to show by the witness
that there was an agreement between
counsel that the advance of sums was
not to prejudice their right to CONTEST"
said Mr.. Hubbard.
After considerable tby-play the wit
ness was dismissed, and Mr.. Hubbard
said:
Eve rest"
After pause Mr.. Russell also said:
eve rest, your honor"
BY agreement the session was at 10
p. M. adjourned until 9:30 o'clock this
morning. The judge said he would like
to have counsel hand in to him their
instructions rs soon as possible.