New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-03
HOW is THIS, Mr.. NICOLL'
WHY WAS A PERJURED WITNESS ALLOWED
TO ESCAPE.
uHE eALILvAN TRIAL FOR MURDER GETTING
MORE AND MORE SUSPICIOUS.

THE eALIvAN TRIAL FOR MURDER GETTING
MORE AND MORE SUSPICIOUS
Among the most astounding Of the suspicious cir
Mmstances attending the prosecution OF Michael j.
GsiKvan for murder Assistant District Attorney
wellman's allowing Thomas Bennett, witness, VINO
evidently committed perjury to escape. Gailivsh so'
and hlled James Cummings on last Christmas Day.
and Bennett who Is hackman OF No $50 East seven
tyfshst testified ON Tuesday that he saw the killing
He declared that Galvan prestrate on the moor
ana Cummings and Edward Hurley were beating nm
Bennett said that he shouted TO Gelivan: way eohV
You shootin This story false and MI "ehn"i'
knew II was. He knew that he could prove oy se'oi
persons Chat Bennett did not hear Of the shooung i
Some time after ii occurred. !.
On Tuesday Mr. wellr.an gave orders that bennett
be detained and he was-untl court adjourned. lYeh
he was allowed 10 go. Yesterday morning DetcoaVe
Trainer was sent for Bennett but could not nho NM
The detective searched all day, but reported Se III on0
afternoon that he could not lay ms hahus oh "0
witness. OF course Bennett disappeared MS ueVeA'
ton for hour or two warned nm that JUS gum "a
known, so he quietly hid himself. IL seems mos'
astonishing that Mr. Welimsn, whom Dir. Niooll con-
sserx his abIest assistant should first give the per,urer
hint and then give him every chance in the woriu 10
fec The Gallvan case has again and again presented
aspects which cast suspicion ON the sincerity OF inc
trct-Attorney's zeal to prosecute tdle slayer
Cummings with due vigor and energy.
SONS Yesterday the defence called Civil Justice Peter
Mitchell and Others to testify to Gallvans good chaac
ter Dr. Thomas II. Allen, OF No. 81 west Forty -nlu
st., told of Gallivan's injuries. In reply 10
question by Mr.. Weman, he said that man VINO
was struck on the with balestick by an assan
ant who used all his strength would not only DC
stunned but killed. To Recorder smyth the witness
said that man who bruised from car to ankle
and had three ribs and his broken, could hardly
walk half a mile without exhibiting PAIN
Galllvan was put on the witness stand lie sara
that he was ffty-hve years DID, and kept livery
stable in West Forty -hfth-st On Christmas morning
Edward Hurley came to the stable and said
awiH you stake me this mornngf' Gallivan said ::
81 think you're staked enough already" Hurley re-
oiled: @Do YOU mean by that you won't give me any
money?S "He swoTe at me-" Gallivan continued
and said he would have the money" Hurley seized
hold Of Ganvan, and the witness put him out OF the
Office
He found Hurley leaning against the door in the
street. He asked Hurley why he hadn't gone Hur-
ley struck him. Then the witness took cane from
man named Dunlap and struck Hurley with it several
times Hurley went away swearing he would come
back with the gang
AT O'Clock there came rap. Gallivan says nc
stepped out into the csrriageroon and was hit two or
three times and knocked down. He got up ana was
hit again with stick. 1t might have been the oaie
stick. Hurley and Cummings were there. lie tried
AGAINST n carriage They kicked him there and beat
him with something heavy. He heard some one say ::
aDon't kill that old man." Cummings said we've
got him now" Suddenly he reeoleeted he had
pistol. He raised himself slightly and fired once at
each man. After few minutes be got up ana sal ID
q chair ...-
Galllvan said that he was taken to the Coroner's
Office on December 26 and was then led TO photogra-
pher's shop. His eyes closed from the bruises
and he had 10 be led across the street Mr. Wellman
showed the photograph taken on that day. The
prisoners eyes closed, but they were not battered
or swollen.
Mr. welln,sn. Gallvan said that he had not. The
witness declared that Cummings had never worked for
him and that he owed him money. He contra
dicted the statements Of Dunlap concerning the
fight in the morning. He and Hurley hau
not struck one another and had not nearly
Knocked the stove over. In the afternoon,
said the prisoner in answer to questions by Mr. wen
man q the first / knew that two men came INTO
che stable ana one of them;I think IL was Cummings
hit me on the head with club Hurley hit me in the
back OF the head and neck with his INST don't KNOW
whether Hurley lad club"
oalliyan was exceedingly nervous, ard again and
again answered questions to which his lawyer MI
Howe, objected before Recorder smyth could rule on
the objection Tie lawyer finally threatened to with
draw from the case but his client continued to disobey
his orders.
al never had fight before In the stable" said the
witness.
chow about your trouble with Healy was asked
ooh, Healy hit with wrench and / had MN
arrested. He was acquitted BY Jury. once had
quarrel in Burns's saloon. / called in there TO
decide bet. The who lost hit me with club
and knocked me down.
"Didn't you have fight in Ninthave. with woman
Just before the hning'"
ayes" was the answer
what her name !"
"she had 50 many that don't know what to
call her. She was known Russell, Rose, Allen--"
wasn't she known as Jennie Russell Z" asked Mr..
wellman.
"She was" admitted Gsllvan.
The prisoner went back Oh Bennett. the man who
committed perjury lie said he didn't see Bennett at
ire time of the shooting; didn't hear him say, NWhy
don't YOU shOOti7 lad never employed him, and, in
fact had never known him. al made up my mind TO
shoot" said the witness, wien found tOat my nc
pocket"
You must have been pretty cool to aim well as
hit Cummings in the eye and Hurley in the cheek,
suggested Sir. Wellman.
The witness insisted that he much excited al the
time. He could give no reason for carrying pistol.
John Stewart was then called in rebuttal He Is a
coachman for Simon KaytOn, whose stable Is at No 16
East SeveDtetst. stewart testified that on Christmas
Day Bennett In Ksytons stable most Of the morn,
ing and afternoon. He was there when James Day
West Side had shot somebody. His name was Gala
CHER. or something Of the Kind Bennett exclaimed
why, / know him. His name is Galllvan, and be
owes me s24. wiz his wife, and II she doesn't
give II b me, will go against him."
Mr.. KaytOn testified that Bennett had said the same
Roundsmah waling declared that Gallivan walked
biskly 10 the station. and did not seem TO be much
hut. The trial win go on to-day. Cd