The San Francisco call., 1896-02-19
MEMORIAL BRICK IN WALLS.
Chief Justice Windeyer of Australia
Bobbed Heads With Superior
Judge Hunt.

the proceedings and expressed himself as
highly pleased with the system and digni-
fed movements of an American trial court.
The Hanging Judge" of New South
Wales, as he is called, with his strong,
intellectual face, looks every whit the
firm, unbending judiciary in the seat OF
justice.
In the opening of the case of P. J. White,
dministrator of the estate of Ellen Gala
CHER against Denis Nugent ct al, Mr..
Hayes stated that the amount of the trust
funds or donations in the hands of Denis
Nugent at the commencement of the suit
was S24, 900. Since then, under permission
of the court for the protection and closing
of the building, $4,000 of that SUM had been
spent.
Miss Margaret Nugent, sister OF the de-
fendant, was called to the stand by plain
tiff for rebuttal. Witness testified that she
copied from rough, ill-spelled draft, Mrs.
Ellen GaIlagher's will. at the request of
the testatrix. This was in Mrs. Gala
ghers room and nobody was present ex-
cept those two.
''After you had copied that me moran
dunn" asked Mr.. Henley, "what did you
do with the original paper2"
Il do not know. | do not rememb ber."
"Did you give it to Mrs. Gallagher
SIS your mind a perfect blank as to what
you did with it?"
81 do not RENE EN- ber.
'You remember that there was no one
present but yourself ana Mrs. Gallaghe
"YeS, sir"
Did Mrs. Gallagher ever speak to you
about that memorandum"
"l do not remember"
did you ever say anything to your
brother Denis about this?"
mo, sir; | never said anything to him
about it. The evening it was signed told
him Mrs. Gallagher had made will"
did he know of it already?"
Objection was made and overruled and
the witness answered:
NO sir"
The witness could not swear positively
as to what days her brother was at Mrs.
Gallagher's house, but was sure he was not
there the day she signed her will.
Had you ever had any conversation
with Denis Nugent about the execution of
the will ?' asked Henley.
'No, sir; did not"
"Did you ever hear him say anything
about the execution of any will by Mrs
Gallagher2"
Ibid you ever hear her have any CONVEX
sation with him about the disposition by
Ellen Gallagher of her property?"
This question was objected to as imma-
terial and not rebuttal.
The COURT will allow it as matter of
discretion.
No, sir" answered the witness.
Mr.. Henley-Did you ever have any con.
versation with Denis Nugent in regard to
the disposition by Ellen Gallagher of her
estate, or her property or money.
Question objected to upon the same
ground; objection oyerruled; exception
taken.
ENo
did you not know, for some time prior |
to the death OF Mrs. Gallagher, that she |
was disposing, by purported gifts, to your
brother OF large sums OF money and prop
erty2"
.fYes, sir"
And that never was mentioned between
you and your brother?'
Question objected to as leading; obiec- |
ton oyerruled; exception taken.
II knew she was giving money to build !
the church,
81 will ask you if this had not been |
made matter of talk between you and |
your brother, Denis Nugent?"
Mr.. Campbell-I object to the question. |
There is distinction between conversa- |
tion about disposition of the property and |
whether or not they talked about her Civ |
ing the money.
Mr.. Henley-Was this matter ever talked |
aboutP Did you and your brother Denis |
the disposition OF the money and property |
of Ellen Gallagher?
Mr.. Campbell-I object.
Objection overruled; exception taken.
Eyes, sir, | knew she was building tho !
church,
that that you did talk about the disposition |
by Ellen Gallagher of her estate with your |
brother?
"Yes, sir; knew she was giving him
the money for the church,
it?'' ~
Yes, sir, in general"
"Frequently?'
"Yes, sir"
The witnese stated that on the Monday
after Mrs. Gallagher's death she got the
Will out OF drawer in the deceased
woman's room and gave it to Denis NJ.
gent. She did not remember the general
S25OO apiece to several nephews and nieces
and 5000 in trust to the brother in Ireland.
In the cross-examiDation by Mr. Camp
bell she said that Mrs. Gallagher, before
she died, went down to the unfinished st,
Roses Church and placed two bricks in
the walls, one for her husband and one for
herself.
Attorney Kearney for::the plaintiff in the
opening argument assailed the motives of
the defe nse with such vigor, and went into
the religious merits of the case so deeply
that the main fact of the question was lost
sight Of. AT the close of his remarks Mr..
Campbell moved that the defense follow
the lead of the plaintiff and submit the
case without argument.
Mr.. Henley, however, took up the argu-
ment and held that the burden of proof
lay upon the defense. They must show
that no undue influence was brought to
bear upon Mrs. Gallagher when she made
her will.
Mr. Campbell will address the Jury this
morning, followed by Mr.. Henley for the
closing.
is NOT APPEALABLE.