The San Francisco call., 1896-02-20
VERDICT FOR THE PASTOR.
Claims of Ellen Gallagher's
Heirs Not Accepted by
a Jury.
FATHER NUGENT ExoNERATED.
The Rector of St. Roses Parish Tusti.
fed in His Transactions With
the Widow.

The trial of the case of P. J. White,
special administrator Of the estate of
Ellen Gallagher, against the Rev. Denis
Nugent, pastor of st. Roses Church, came
to close yesterday in Judge Hunts court.
After mature deliberation the jury re-
turned verdict for Father Nugent
The suit was brought at the instance of
the heirs OF Thomas and Ellen Gallagher.
They are Peter and James Collins, Mar
garet Collins, Hannah Kelly and James
$140, ,000 which they alleged that Father
Nugent, by the exercise of undue influence,
secured from decedent's estate for his own
benefit and of that of the church. Arch
bishop Riordan was made party to the
suit, as the church property within the
diocese stands in his name.
In his opening statement of the case for
the plaintiffs Barclay Henley said that
Thomas Gallagher died in January, 1892,
leaving an estate worth $l90000 in stocks,
cash and realty. He lived near ST. Mary's
Hospital and was on intimate terms with
Father Nueent. whom he nominated as
executor OF his will without bonds. His
wife and Kingston were also executors,
but Nugent was the active one among
them-he did all the work practically
alone. Thomas Gallagher left property TO
his wife worth S147,00O
In all, the attorney said, Mrs. Gallagher
gave the pastor sums of money aggregat-
ing between $4,000 and $15O,O0O. No
written Acknowledgements of any kind
were made concerning these transfers.
These transfers were not known by Gala
gher's heirs until after Ellen Galiagher's
death, and then Father Nugent made 1t
known: To be sule, he had some receipts.
but they are not witnessed, and are in his
own handwriting. One of these was writ
ten by him two or three days before the
death OF Ellen Gallagher and while she
was on her deathbed. This receipt repre-
sents the transfer of no less than $30OOO
She made will leaving her relatives
several bequests. She had received from
the court since her husbands death $500
or $500 month, in all amounting to about
$4,000. This was put out to interest, but
what it has netted is not known. Mr..
Henley said the plaintiffs would show the
jury that the priests influence had led
Mrs. Gallagher to forget her own people.
and that if she had been left to herself she
would have remembered her kindred.
The defense showed a different state of
affairs, however-that Mrs. Gallagher was
an intensely religious woman, but pos
sessed of sound mind; She gave the pas
tor about $140, 900 to build church and
rectory in st. Roses parish. At the same
time she gave $50, 900 to relatives. II was
shown that she was simply carrying out
the proposition long before understood
between her husband and herself. Her
husband used to say that the property
was not his but was really held in trust,
and he wanted it to go back to God, from
whom it came. and to charity.
1t was proved that Mrs. Gallagher was
imbued with the same spirit and that she
had an ambition to build the parish
church, while her name was to have been
withheld until the dedicatory ceremony.
The fight for the money came from rea-
tives of Mrs. Gallagher living In Philadel-
phia. Members of her family in this City
were on the other side-the defense-as
witnesses and testified favorably for the
pastor. Their evidence was corroborative
of his statements, and, besides, Mrs. Gal
iagher's attorneys, Jones & O'Donnell.
testified that the disposing of the property
was legal and regular.