New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-14
YIELD FOR THE GRAND JURY.
THE SLAYER OF CUMMINGS UNDER $4,000
BONDS.
THE coRoxna's JURY THINE HE KILLED HIS

Hurley has been released Oh bail because Corohers
Jury Of eleven good men and true were OF the opinion
that he did his promscuous shooting according TO inc
FIRST law of naturc-in selfdcfence. The Coroner by
whom the inquest held. DIR. MESSENGER, declined IN
his shsrpest manner TO discharge him, as Counsellor
william f. Howe requested and at first placed 'he pah
n $4,000. With the consent OF Assistant District
Attorney Lynn the amount was reduced TO Soooo'
which Gaivan's friends had trouble In procuring
The case now awaits the action of the Grand jury
Gslivun may have exulted inwardly at the verdict
but there was little outward evidence OF JOY. MS
ferret eyes opened fraction wider, and gsened sohe
what but his ugly dscolored mustache which grows
far back upon his check and droops upon his emh'
hid the twitchng Of his lips and the seltconsralusor!
unfting of the corners of his mouth As for the resi-
of his face its lneaments stifcned with oroao
strip Of adhesive plaster. which crossed the ouse Vi
his broken nose and overlapped each cpeekpohe' XIV
ing him the appearance OF beng nasheu' iio W."
no beauty. r.
The Goroner's Office Is dingy Old place. i"0
Shirts chemses. pettcOats and stockings Oh uohon
,encn,ens hang on lines across the windows, on which
Dr. MESSENGER turns his back when holding court
This position gives him good view OF the rooli' p.
nobody In IL can auglit OF him but inc iV"'uS.
profile OF his handsome figure and the broad sweep o
his beautiful whskcrs. The Doctor Is notcd ior quoh
ness He decides all questions Oh the instant hc'ao
ING al nothing and his rulings and opinions are dchV
cred i'm triphammcr STYLE His voice. signify aooVo
concert pitch cuts Its way into the duliest peroepohS
II Is not possible for him TO be misunderstood
,iallivan's counsel Mr. Howe, whose aeunoant
hulk almost spread beyond the narrow limits Oh
the ROOM touching the jury on one side and the prs
ouer ON the other. The counsellor was In ms most
varying mood moment stately and dicatoriai' uio
mex humble and pleading, then lambhke ana inseh"
ous then subtle and crafty. lie quarTeiied WIN oi0
Coroner he uuarreled with the Assistant DSuictA|
orney lie browbeat the witnesses, ana ehoeo oS Mss
inc the hand of each. Toward Mr.. Lynn, young IN
Nar Dycl hear Of
hi, hearing was that Of a pedagogue 10 pupil just
learning the A, b. C's. Yet Mr.. Lynn p'0'o
himself no boy in the conduct OF this case ioi INC
nconle With the Coroners assistance, he succeeded
in checking every attempt of Mr. Howe to convert uio
inquest into trial, and these attempts were many
In our future intercourse, Mr.. DlStrctAVofhes'
you will learn" etc, said Mr. Howe, encouraelhsV
and natronizinclv and Mr. Lynns answer was: Il can
never hope TO know much as the learned COUNSEL
The testimony of Hurley the first witness OF any
ImpCr:ancc failed 10 produce good lmpressloh' io
1, a typical Irish cOachman, with an upper lip ihaoc
conspicuous by deep crease under INC hoSc
His TOP head is built on the John l.. sullivan pan
that q, II is tapering ard small, and his forehead Is
low Yet he does not look like bad man. NUT 10
he biz man. Gallivan will outweigh MN py ."ci,s
Eve pounds Being just out Of the hospital ne Is pale
hut The marks of Gallivan's bullet have almost ais
spneared 1t entered the feshy part OF inc laoe he
The corner Of the mouth and went straight on aoou' ~
business 49, ,, ..
aUsve Won fonnd the bullctY" Mr.. Howe asked OF
nr charles W. Banks who had Hurley under treat
ment at Bellevue Hospital.
No, sir, the bullet has not been iouhu' was no
reply. ,r.s sh,t ~ mt
in Mr. Lynn. ,.. .,o. b.
No. Mr.. District Attorney do not doubt that ne
wa, shot. 1t is pity he was not KIleu. "oiA."A
viii be honoraby acquitted His case Will 'aA' '"''
OF ITSELF - c,u,van,s
eaid hat
,.hIs M 1a1 West Forty .ffth-st Oh Christmas DAY
% collect az that Gallivan owed him. Daii'ah sa,u'
Come back tomorrow and I'll pay you, pa' WV
.,omorrown business had played out WIN iiureS'
who insisted on being paid NOW "anN"n ",.
took him by the back Of the neck ana put MN oii no
,iaexak where he struck him. several times WIN
o,ni,g stick which he had snatched from the hand
10 Edward b. Dunlap. Hurley then went away anu
meeting Cummings by accident learned tha' tno io'
,or had had similar trouble with Galhvah' he anu
cummings then returned to make JOINT demahu ior
their nay Gallivan replied by assaulting thcm' Hui
Low .trck hack in self defence. Cummings TOOK up
h,es,ick and used it TO defend himself The witness
w1nd No swear that Galvan did not fali 10 tle
eoor when struck Galivan shot Cummings hrst
who fell; then he shot Hurley
4. Did you-,p began Mr.. Howe
aNo sir said Hurley, If lie had a stock Oh
negatives on hand that lie wanted to work OIL.
- Haven't heard the question yet" eXclaiiheo ue
LAWYER, an expression of great amazenent S'eaiihs
over his double chin ~
witness wait for the question:" ordered DR..
MESSENGER sternly. Gu,
q nid vou.D continued Mr. Howe, go back to CALI
vans for the purpose Of doing him up
"NO sir" -,
g. did Won see Cummings strike him with bale
stick? ?" 49,.
"No sir. I struck Gallivan twice with my nst."
The alleged bale-stck was produced Tor ldenthca-
,ion. 1t is nothing less than an oaken DOOR
tar four and half feet long, wedgeshaped at the
ends and three inches square in the middle Murder
could be done with it at single blow
Juror Peter J. Kahler asked Hurley IL nc had Deeh
drinking.
Cummings"
GLOW many beers would that be-
"Welln-with an effort had four"
-Four would make pretty tired" said Mr.
Kahler "Did you have any conversation with Cum
mings about going back to Gallvans?' he continued.
Not word
william z. Gallagher, boyish-looking young man.
booklteper for Gallvan being called to testify by
Mr. Howe was objected TO by Mr.. Lynn, on the GROUND
that his testimony irrelevant inasmuch as ne ud
not see the shooting Then up rose Mr.. Howe for an
eloquent outburst but Mr. Lynn SAID tst ne h, e8 as
s" our future ntercourse Mr. DistrctAttornoy
you will find that make speech whenever 4 thiA
The Coroner admitted the testimony.
Hurley came into the office looking as II he was
trunk. him talking to Mr. Galllvan' VINO no., sa'a
I Was Christmas Day and he didn't want to nave "a eu
hiss Hurley began 10 abuse him and he rled 10 put
aim out In the scufe Hurley fell against the stOve'
partly upsetting IT, and rolled to the moor WIN ,a nr;
GaIlyan leaning over him. saw him grab hold OF
MIR Callivan's mustache and Mr.. Galivan began 70
cry. BY and by Mr. Gallivan got him TO the door aho
struck him several times with Mr.. Dunlaps cane
Hurley then started away, saying at the door, fou
irish = - - -, Ill get square with you. hlET
. heard .ss aP 81 the window and Sn
Isrs M III i;ck him, Mr. Galvan opened the Office
door and went out. / soon followed and saw him
on his knees holding his hands TO his face Then
sAw Cummings hit him with the bale-stick lie fell
ON the floor and Cummings and Hurley kicked him. -,
ran out 10 find a policeman, and just as got IN the
street heard two shots" - .
Thomas Bennett, his own coachman reached the
stable at O'Clock and Gallivan lying on the moor
very bloody with four of his teeth beside him. Two