The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-01-05

Es=EE ~
tenders.
Yesterday morning aud afternoon the
attendance of spectators at the trial OF
the Reilly will contest was considera.
bly, under the average. Everybody
present found a seat, something that
cannot be said of several previous days
of the trial. The interest taken in tho
outcome of the contest is, however.
atiil unabated. Yesterday vas the sew
enth day of the trial.
Tho first witness yesterday morning
was the former bookkeeper of the
Reilly establishment, William Schultze.
He testified further as to the quality OF
forgetfulness that was the feature OF MIR.
Reilly in his latter years. Regarding
yiaits to the store by Father Sullivan,
he said they occurred very often, and
mostly after the death OF Thomas.
Witness remembered days when the in
LerYIows were repeated several times q
day.
On cross examination witness said tho
old gentleman took an opposite view
from that taken by his sons, and some
~ Al ISoO AlOb4SN VA SAA4S
Witness did not know of an instance
where the deceased lost by taking the
advice OF his sons. Witness said that
he generally read the mail received sum
day, on Monday morning to Mr.. Reilly.
The next witness was Miss Caroline
.Knote, who had known Dir. Reilly Tor
over thirty years. She had once con-
suited him regarding tho date OF a visit
of James X. Polk to Wheeling, tho in
80 fa rfo q fiOpE IoOiyOu for n hoax. NJ r Reilly
was greatly pleased that. he had been
consulted regarding tho matter Wit
ness met tho deceased often at his home,
and considered him silly and in his dot
aye. She last met him on Fourteenth
street in a buggy soon after Thomas
death. She then ondeavored to open a
conversation with him, but he was in 4
stupor and did not recognize her. At
that time witness considered Mr.. Reilly's
mental capacity "absent."
On cross-examination tho Witness
said she first remembered of seeing MIR.
Reilly assisted about at the time, or
: near about, the time of his second
marriage.
The next witness was DR.. Cooper, of
Wellsburg, who knew Mr.. Reilly, and
they had been interested together in
oil enterprises at F~olacano. The firm
had sold out their business in oil about
- LilEtt yCtIS hSO. IL CCuSCu W uO pIOulll-
bio about five years ago. When their
business connection first began Mr..
Reilly seemed to be vigorous mentally
and physically, but a year before the
deceased's death there was a change for
the worse. He was very forgetful and
could not comprehend business trans
actions. Witness said that the deceased
had no mind at all toward the last. On
cross-cxamination witness said that his
business visits to MIR. Reilly continued
until his death, and hat though he
generally found him awake he did not
comprehend business matters at all.
The examination of the witness by Mr..
Russell had not concluded when the
time for noon adjournment anne.
Work OF THE AFTERNOON.
The attendance at the afternoon ses-
sion though somewhat larger than DUR
ing the morning was not nearly up to
the standard established at some OF tho
earlier sessions during the will contest
trial.
DR.. Cooper was first called. Mr.. Rus
sell said that counsel had agreed to al
low DIR. Cooper to go to Wellsburg,
whore he has n critical case, requiring
immediate attention.
@. f. Gilligan was called; no is o
travelling salesman; was formerly en-
ployed by Michael Reilly from 1889 to
1892 IL same capacity. He knew Mr..
Reilly; saw him on Saturday afternoons
when he came in from trips. as to his
change OF mental and physical condi-
ton witness thought there was q change
after Thomas death. Witness gave in
STANCES of his seeming inability 10
grasp business affairs. He would start
ona subject and Immediately branch
of. Witness knew of him transacting
no business Jim" managed the bust
ness. In his Judgment AIR. Reilly's
mental capacity was nc very much"
On cross-exanination by Mr.. Russell,
witness said James managed the BUSH
ness while he was there; Thomas was
n of talking business made him
think his mental capacity was 10 good.
Ho would talk about meats to witness,
and in tho midst OF the talk would sud-
denly break of and talk about property
in Benwood, of which witness knew
nothing.
G. Ed. Mendol was called, but did not
answer.
John White, a house painter, had
done work for Michael Reilly for
eighteen months, first work in the fall
of 1890. and at intervals afterward AS
to peculiar circumstances, witness said
Mr.. Reilly was forgetful. When he was
repainting tho Norton. property he
mado a contract with the deceased for
painting q wall, and afterwards Mr..
Reilly did.not remember about the con-
tract. After painting another house.
in 1880, no wont to NJ. Reilly with the
bill, which was paid, and the deceased
spoke of q house that witness had
painted only a few months before, say-
ing it ought to be painted. Witness
told Mr.. Reilly he had painted the
house only q few months before, and
MIR. Reilly Expressed surprise. From
facts and circumstances witness did not
thinkMr. Reilly's mind sound for the
transaction of business
On cross-examination By Mr.. Russell,
witness said those two instances were
ENAMPLEs OF FoRGErFuLSEss.
William O'Burg knew Mr.. Reilly; was
first acquainted with him in January.
1857. Worked at the store as entry