The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-29
eIlLAGHER Is CLEAR.
c,.cial Judge Wiley Finds Him
Innocent of Wrong.
90 CITY OFFICIALS SCORED.
..,.t All Fell short of Doing Their
n-,x-swindier Ref Convicted
Darviile's Damage Claim.

rssrk Ioseph Gallagher of the nnunic-
srssrt stands before the public this
100 completely exonerated from any
4~~sstv in connection with the sup
- shortage IN MS accounts The trial,
| - has been III progress at different
- during the past three weeks. failed
...blssl. that there was shortage. and
- Il evident that Gallagher was not
- with proper books 10 keeps his
| rs.ssssn,s. Gallagher may have been some
- earesess, but as Special Judge Wiley
- ia granting a non-snit:
r~r-gIaghpr admits that his accounts
= noI fully kept and perhaps he is de-
.S-x.tx of eensure in that regard. but /
..ssot believe that he has withheld any
~ money, either from dishonest OF other
~~,.veg. The evidence convinces me Of
Tss case was closed yesterday afternoon
scar arguments by Corporation Counsel
seett and James Hamilton Lewis. who
sssa for noR-suit on several grounds
-cTered By Mr.. Wiley in his decision.
rnage Wiley said that he was compelled
"a ho.d The bond sufficient and the munich
al court one OF record. Continuing. he
I'd:
A. bail money for which he receiptsd.
i eases where he did not sign of course
: cannot be charged up. The practice of
.Iuwlng officers TO take money in the way
thst has been shown in this case Is a rep
sshensibie practice and cannot be too
rrongly condemned. No court has gone
s,r enough to hold that a recognlzance.
an be taken in any case and the siireties
I'D until the court has obtained jurisdic-
tan BIZ the fling of a complaint and the
arrest OF the offender. The officer who
tsxss bail money simply does IL by virtue
a q private understanding with the pris-
easr but IL cannot arise 10 the dignity of
matter which is protected by law"
A 10 the contention OF the city that the
tgrden OF proof shifted TO the defendant
when Il was shown that he had not kept
proper record, II was held that under the
siegatioEs in the complaint Ii deyolyed on
he city TO show just how much money
Gallagher had in his hands belonging TO
the city.
Il realize that the city to a certain ex-
tsnt was compelled TO call Mr.. Gallagher
ua Witness" said Afr. Wiley. but the
city In 80 doing said he was worthy OF be-
lief Mr. Gallagher says he did turn over
10 the city every cent he received by vir-
tue OF his office. He admits that his ac-
counts were not fully kept: perhaps he is
deserving Of censure In that regard. but
while the court is disposed to say he has
not done his whole duty l cannot believe
honest or other motives. Tire evidence
eonylnces me o. this. There Is only one
suspicious circumstance to show that Mr..
Gallagher has not done this. Mr.. Blaki-
stone states that the city treasurer's cash
book shows more money entered there
than Mr.. Gallagher had receipts for. ! Will
take notice that the same city treasurer
has been convicted OF the crime OF embez-
ring money The book Is discredtcd be-
cause kept by a defaulter and / am not
prepared TO say that the shortage. IL there
he any. may not be in the pockets OF that
man. The court viii say TO Mr.. Gallagher
that, II he Is called upon to exercise the
duties OF another Office OF this kind. IL is
Incumbent upon him TO be a little more
careful In the manner In which he keeps
his accounts.
The diligence with which this case has
been prosecuted by the corporation coun-
sci with meager evidence and the voiumi-
nous books at his command Is 10 be high
b commended. Every one connected with
ne case, outside the present corporation
counsel. Is "a much to blame as Mr.. CAL
higher. The city council IL 10 blame. be-
rausa the city charter provides that he
shall execute such bond as they shah
provide and the sureties to be approved
By IL. The city council did not do its duty
either as TO the form OF bond or as 10 ap-
proving IT. The Judge OF the municipal
court at that time failed 10 do his duty.
The records show IL. Had he done his
whole duty this case would never probably
have happened. Tho city treasurer failed
70 DO his duty In not insisting that these
accounts be rendered from time TO time.
The man who drew the bond failed 20 do
bis duty in not drawing I, In the language
Of the statute. The city administrative
oslcers failed to do their duty In not pro-
wding Mr.. Gallagher with proper books
and proper places 20 keep his accounts.
II Is one OF those unfortunate conditions
IN which a community finds itself. As a
tar payer Of this community I am willing
20 bear my part OF the burden, II there
has been a loss here. rather than II should
fal upon men who have not derived any
benefit from IL. If there is a loss. and the
court cannot say there has been one. II
IN better that the whole community should
sand II. under the evidence. than that
Mr. Gallagher or his hondsmen should 20
down in their pockets and pay Il. These
eondsmen when they entered into this
bond. did II upon the theory that not only
Mr. Gallagher but other officers would do
heir duty "a well The case will prosa-
by result IA some good, IN this, that here
Eer. X experience IS worth anything 20
ne people OF this city, the accounts Of tho
cirsrcnt departments win be kept In a dif-
Trent manner II ought 70 result in one
Ming. and that Is the providing Of a room
q the municipal court that should be
Known as the clerks Office, and IN that
Rom file case IN which the papers OF thu
sHee can be kept instead 81 a dry goods
eex. for doekets and journal
Judging from the Jurisdiction given the
municipal court hy the legislature. II was
Intended 10 be more than an ordinary JUS
uces court and ought 10 BE provided with
p'opei facilities for the transaction OF its
easaness by the municipal authorities. The
notion fer non-suit Will be granted both
Is 10 The sureues and as 20 Mr.. Gala