The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1883-10-26
The Gallup Murder in Kent County.
Short Trial of James s. Leary
FGund Guilty Of Murder in the second
Degree.
SENTENCED TO THE PENITENTIARY FOR
FIFTEEN YEARS.

The trial of James g. Leary for the murder
of Edward b. Gallup, AT Sill Pond, Kent
county, began and was concluded in the circuit
court at Chestertown, last Monday. A large
number of talesman had been summoned but
the prisoners counsel waived jury trial and the
case was heard by Chief Judge Robinson and
Associate Judges Wickcs and stump.
Leary is in his 9th year. lie has IL smoothly
shaycn face and heavy black eyebrows.
His face is striking and his dark blue ewes ana
furrowed features betoken Il resolute stubborn
will.
Gottfried Hines, for the State, testified that
on the morning the murder was committed he
heard Gallup say in pleasant manner, Come
here Leary, | want 10 see you moment. ~
Leary made no reply, but followed him some
steps. Heard Gallup say he did not think leary
was that kind of a man to insult his (Gallup'sl
wife, Leary, who had his right hand in his
pocket, started towards him, and Gallup turned
away, waving him or "Tun and fnce
me like man." cried Leary, 81 don't allow A
man to turn his back on me-" As Calm
turned TO face him Leary drew his hand from
his pocket, his open knife in it, and stabbed
Gallup on the left side Of his stomach about
three inches below the navel. Gallup called
| out "Oh, my God he has killed me-" and Wit
ness ran to his assistance, supporting him TO his
| residence. Leary, meanwhile, after wipinr his
knife with his fingers sat down on a bench
William f. Moon testified that on the nipht
before the homicide Leary said in conversation
have to leave in the morning, and in reply TO
Moons question said: "Weil, Pve had n iuss
with Mrs. Gallup, and If she tells her husband
anything about It Pll make her widow"
Mrs Susan Gallup, the widow of Edward B.
Gallup, is stout and iine-ooking. She testified
that she saw the stabbing On the night pleyi-
Gus to the stabbng Lcary had been very abusive
| TO her, and was SO insulting she started TO call
her husband, when Leary CRIED "Don't threaten
me with Gallup; you had better take care, or
you will he made widow before many hours"
| The only witness for the defence was thc
prisoner himself, who testified that he had stab
bed Gallup because he apprehended from his
manner that he was about to receive personal
violence at his hands that Gallup was shaking
ms llst IN ms lace and turned upon him as
| though to strike blow.
| After half an hours dcliberation Judge Rob.
inson announced that the State had failed to
prove case of willful, deliberate, premeditated
murder, and that the Court were clearly of the
| opinion that 1t wus murder in the second de-
| gree, and so decided
The verdict was great surprise to many.
though generally it may be said TO have been
| anticipated.
On Tuesday Leary was sentenced to the Mary
land Penltentlary for 10 years, the extreme
lsngth of punishment being IS years
Mr. Edward b. Gallup, Leary's victim, was q
son Of Capt. Eldrdgc w. Gallup of the Dairy
| Farm, near Perryman's. Last fall he removed
to farm near Still Pond, Kent county
Leary had been former tenant on
the farm and was an uncle of the
owner of it Mr.. Jacob Krebs, of
Baltimore. Upon Mr.. Krebs' solicitation
Lcary was allowed to remain an inmate of Mr..
Gallups family. The day before Mr.. Gallup
was killed postal card for Leary was overlook
ed but afterwards handed to him by Mrs. Gal.
lup. Leary thereupon used insulting language
to Mrs. Gallup which she reported TO her hus.
band on his return. The latter waited until
the next morning, when he was better able to
control himself, before speaking to Leary
about it, and when he demonstrated quietly but
firmly with Leary about his conduct towards
Mrs. Gallup, Leary stabbed him with fruit
knife.
Mr.. Gallup was an amiable and industrious
young man, and had many friends in Hartford
county.