New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-04
MICHAEL j. GALLIVAN ACQUITTED.
THE JURY AFTER SEVERAL BALLOTS FAILS TO
FIND HIM GUILTY OF MURDER.

THE JURY AFTER SEVERAL BALLOTS FAILS TO
FIND HIM GUILTY OF MURDER.
The jury In the Of Michael ]. Galllvan. trial
for shooting James Cummings in the formers livery
stable on last Christmas Day, gave verdict OF non
guilty last night. The jury returned to the court
at % p M, just five hours after it had retired
There hardly than OF persons In the
courtroom when the verdict announced. They
all friends OF Gallvan and they received the an
nouncement Of his aequital with applause. which was,
however, quickly repressed by the court officers Mr.
Howe then asked for his clients discharge which was
granted. Then Gallivan thanked the jury, and so
did Mr. Howe although the Recorder grmly said
there was no occasion to give thanks to men who
merely had performed their duty.
When the jury TOOK It's first ballot after retiring,
the vote stood For acqult;al for conviction. D;
blank, 3. Three more ballots were then taken tho
result remaining about the on the first ballot
Al 90 O'Clock the jury sent note 10 the Recorder
asking for dagrsm OF the stable where The shooting
occurred ard by Of counsel il was sent to the
jury. At 20 O'Clock the jury went out to dinner.
BY direction Of the Recorder, Galvan was also taken
to restaurant for dinner in charge Of deputy sheriff.
The jury spent hour in retirement after their
return from dinner, taking three ballots before reach
ing agreement.
Thomas Bennett, the hickman who gave partured
testimony in favor Of Gallvon on Tuesday, WIS ar
rested Yesterday thanks to his getting drunk and
forgetiing all canton. Assistant Distrlcthttorney
welman had him detained for hour or two on
Tuesday and then for some unaccountable reason let
him go. Bennett disappeared, and Detectives Won
Gerichten and Trainer were unable 10 find him. Zen
nett was drunk yesterday morning and boldly walked
into court. lie had taken the numerous baudages
from his head and neck which had almost hidden his
features on Tuesday, he was not recognized when
he entered court He soon became noisy, 50 Captain
Lindsay Of the court squad of police, tried to PUT
him out of the room. There scufie and tho
policeman stumbled. Court officers came to his help
and one OF them recognized Bennett.
The man placed in custody and few moments
later he fell to the floor in faint lie taken to
the Chambers Street Hospital under arrest and it was
learned that he was suffering from alcoholism. His
intnmperance ther fore, lost him the fine chance to
escape which Mr. Wellman's acton had given him, ana
he will be tried for perjury.
Dr. Charles F. Fleetwood, the Tombs physician, ties
tilted in the morning about Gallivan's broken rib and
! bruises Dr. Morton Grnnel then testified for the
prosecution that it difficult to determine whether
RIB was broken not.
william F. Howe then began to sum up for tne
defence He first read the law iustliabe homicide
and cited a number of cases the subject He then
reviewed the evidence. The prosecution, he declared
had snd in their opening that they would prove by
The witness Fay that Galllvan deliberately drew hi
revolver and fired while Fay really testified that he
first saw the weapon when 1t in the defendants
| hand Mr. Howe argued that when his client fired
the shot he had every TO believe that MS lie
was In danger.
Mr. Wellman then closed the case for the people
He said never heard of a more fragrant case OF
w1lful perjury than Benefits testimony. II was
made absolutely ont OF whole CLOTH 1t reflects upon
the defence as 1t is almost Galvans story. word for
word as he told 1t at the Coroner's inquest 1t was
reflection on the intelligence of the jury that there
should have been attempt 10 foist such story on
them such an attempt 10 cheat the jury should
meet with Just rebuke. Fennetts story shows the
hand OF the prisoner The testimony Of the WITNESS rs;
contradiction OF Bennett put them deep In the mre;
The only thing to do was to repudate Bennett anu
they did It. ,, -
IL don't believe that Mr.. Howe knowingly manu-,
factured testimony lie Is too equitable a lawyer ana
has too much TO lose. Do you thinks that 40 honest
man needs purjured testimony to support his case.
Recorder smyth then charged the Jury, ana II re-
tired at % p. IN.