Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-01-20


the ground OF general mental arrau cement,
ana ne then took up the other branch OF
the contestants case, that Mr.. Reilly's
mind was under "A delusion which prevent
ed rational and reasonable mental action
on his part. He took up first the question
OF monomania, and incidentally he said il
was comparatively rare thing for n per
son with diseased mind 20 be utterly in
sane upon all questions. The insane were
frequently sane upon many subjects and
able to talk intelligently aud answer and
ask questions upon
LARGE VARIETY OF TOPICS.
He quoted Brown on Mouomania, D. ll6.
as TO some OF the peculiarities OF a mind
diseased, and followed the reading by say
ing monomania arose often from the cease
less pursuit OF one thing 10y day and night
TO the exclusion OF all else and in Michael
kelIly's case that one thing was the pursuit
OF wealth
He took up the evidc 90 Of Col O'Brien
ana Messrs. O'Neill and Schulz, upon the
point OF mental capacity and mental delu-
sion, and said on that evidence alone the
Coules ar. were entitled to o verdict
20. y erieu bad said ne never knew a
ger creature aud that the old man
1hua morbid delusion against his children
All he said and did were in opposition to
his children. And so, when the Colonel
wanted TO put Thomas in bank the old
man, who had six hundred thousand dol
lars, turned on the friend OF his son and
said, Who'll furnish him the money! Il
Will, II you won't said Col O'Brien-
grand old man that he is-and then the old
man turned upon Col. O'Bren and said
Tom is no good" Tom is not capabler
Tom is no account and Tom won't do"
Here was chance to put Thomas into
business in bank, with the State Treas
urer OF West Virginia, and put hin on the
Tom was no good %"
He reviewed what James p. Rogers had
SAID about the old mans treatment of his
sons, by saying II was ''sjmply horrible
ana another witness, who bad said his
treatment was "terrible1 and then he re-
turned 70 Col. O'Brien's evidence as To tho
chance offered 10 Thomas for advancement
ana emanci patton, and said: God knows
this life Is hard enough, and 10 is no won
der men get tired and lie down and die.
Thomas bad toied, and worked. and
saved In that grocery, for his father for
thirty years, and yet when an old friend
came along and said 10 that father. Come.
III help you emancipate that boy Of yours.
J know him known bis bent and his
aoiutles, and will take him away from
this life OF toll this handling Of fish, aud
bacon, and beans, and -four, and meal. and
oh-and help him 20 a higher and better
Held, that old man abused that son.
and said 20 that benefactor, who had offered
10 even furnish the money, to 20 away and
let bis family affairs alone aud
To suND HIS owv ErsINrssi
That bis son must continue on TO be a
newer Of wood and a drawer Of water 10
the end OF bis days-and that end was not
far on The speaker appealed 70 the
Jury 70 know what they, az fathers and
sensi ole men, would have done In a case
Ike that, coming AS an offer % worthy
SOD, ana said To conclusion that be bad
ali along thought that if there was notn-
ing else 70 the case for cOutesteuts the iu-
cident he ha1 told would be- enough 10 show
me mental one-sidedness Of the man, and
u upset his Will
He cited from SchouIer. Sec. 1913. and
secs. lo1 and l5s, as % wills made under
the effects or GelusiC0s and mental defects.
and said 20 bad been ablndentlv shown
tlat Mr. Reilly had been subject 70
slcn usiors. prior 90 the making ~ the
WiIl, ana .nat iHe proponents. upon whom
the DHreen OF proof rested. had not shown
the contrary. no mind but one lost 10
reason and In which natural duty and
tiecNor5 were entirely wanting. could
nave ...Fl1 f-0l Will, and Mr Lci4y
lia SUCH a u.nd. A de.us.on cx. stel aud
haq oeer shown fully, but. the proponents
nad not s-ovr. oy any means DO Ola not
efIst ~ Wh- for them f9 show that. and
they mad utterly failed.
Hc rca1 nazt from Dew w. Clark. q Eng
Fec. estate REPORTS % f3S. which. Boo SAID.
was O. most ce eUrateI case. and faI tc.l
largely cited from by Ecdfsld and other
huthorfies. Ee made brief explanation
o. TIE tcc.rs sagcai Court. az 30 formerly
existed in England, and then briefly pg-
pldined The circumstance out of which
The case Ol Dew W. Ciarx arose Tho will
was granted administration iu ISIS. and
then ihe contest was brought The taryh-
ter admitted The father bad given written
instructions t0 draw that particular sort Of
O. VIII. and there was no cEfrauc1Ir frHu-
crre, I.t 10 was denied That o.
was bis act because OF the rfesorce
OF az uus0urd mind, in that he had cons
ccIved an unnatural and irrational arffra.
10Y ~ bis child. aud was therefore NOT
mentally caDab.e. The case was tried sc.
Tore sir John licboI, Dob his day considered
INC most able U.viI Judge In Europe. and
Toe 1911. was NOT sustained. Iu tuatcaee
as in This, one Of the suDscriDing witnesses
was Toe attorney who drew up the will
hAt FIe Court said that "onre for aiIH u
might De said Chat such atfert.ug evidence
ciu nor, DT any means. make out valid
case In tnat case tho lawyer testified he
mao several interviews with the tcetafor
had drawn the will. and 3 was subscribed
hud atIesied, t1e witness thinking be was
OF sound mind, JUST a8 Iu the case al bar
out tnis old NOT suffice 'The case ia OR
90 fours With this, and ~ we lad searched
through ail The history OF .urIsurudcnre
we could not have found one more nearly
htung mis- and saying This. be said he
would read more copiousiy from the case,