The San Francisco call., 1896-02-14
So Her Lawyers Testify With
Regard to Mrs. Ellen
Gallagher.
SHE HAD MADE TWO WILLS,
Told Her Relatives It Was Nobody'S
Business How Her Property Was
Disposed Of.

The case OF White against Rev. Denis
Nugent attracted crowd to Judge Hunts
courtroom yesterday. The plaintiffs rested
their case after the introduction OF some
documentary evidence, and j. G. Campbell
for the defendant moved forl nonsuit,
alleging that no case had been made; that
no evidence had been introduced showing
that Father Nugent had exercised any
undue influence over the mind of Mrs. Gal
lagher in the matter of disposing of her
property.
Judge Hunt denied the motion, and the
| defense began its case. Attorney O. Don
nell took the stand and identified the will
of the deceased, which he had drawn and
witnessed. There was another will, he
said, drawn two years prior to her death,
and which will bequeathed almost all she
had to the Roman Catholic church, show
! ing that it was no recent impulse or fear
| of death that caused her TO SO dispose of
I ner property later. Father Nugent, he said.
! had never gwen him any instructions in
! the matter. Mrs. Gallagher had told him
! distinctly that it was her desire to be her
! own executor.
| John McGara a clerk in Jones & O'Don-
nelrs Office, and who also witnessed Mrs.
! Gallagher's will, was called. He stated
J
| she had given him TO understand that she
! had disposed of her property chiefly by
| donation and that all she had left was dis
tributed by the will.
The will of Thomas Gallagher was intro
| 6uced after a long argument of the coun-
sci of both sides. Mr.. Campbell read the
Will and then George r. b. Hayes arose
and began to address the court on what he
proposed to prove concerning it by the
| witness.
Mr.. Henley interrupted, saying that the
proper way was to go on with the offer, SO
far as it was admissible; that to state What
was intended to be proved was one way oi
getting the matter before the jury; that
the other way was more in consonance
with fair play.
"Do you mean to impute unfair dealing
TO me, sir?" inquired Mr., Hayes, facing
Mr.. Henley.
whats that?" said Henley.
Mr.. Hayes repeated.
Nothing of the kind" said Henley, ris-
ing. when l undertake to impute un-
fairness to you, sir, 1 shall do so so unequiv-
ocaHy as to leave no question about my
! intention"
Mr.. Hayes. by agreement, stated the ma
ture of his offer quietly to the court and
upon objection it was not allowed.
Hugh Jones testified that Mrs. Gallagher
had consulted him about disposlng of heI
property. She wanted to give large part
OF it to charity. Witness told her ashe
could not do so except before her death
that if she bequeathed more than one.
third to charity it might invaIidate the
will; that there was no other way that he
knew of except to give 1t away before heI
/ death. He testified that he drew up the
will for her. He called upon her after
+ ward to witness her signature to it, and
J found that she had signed it already. He
advised her to sign again in his presence,
| and she did so, which accounted for it be-
| ing signed twice.
! Mary Gallagher, sister of Thomas Gala
CHER. testified that she was on friendly
terms with her brother and sister-in-
| law until his death and with Mrs. Gala
CHER for year after She had often
heard her brother say that after his death
and that OF his wife their property was to
go to God or 10 charity, 'as they used the
words" He said that he felt that he only
held the property in trust. and aside from
some small bequests TO relatives he would
devote it all TO charity. The witness called
upon Mrs. Gallagher some time after the
contest of her husbands s will had begun
and urged her to make will then SO as tc
avoid the likelihood of trouble about i
| afterward.
She said in reply, Whats the use o.
making will; there must be some othel
way of disposing the property"
The witness tried to influence her to give
her (the witress) something more, but she
refused, saying that her husband hao
earned the money and she Mrs, Gallagher
had helped to save it and it was nobody.
business what they did with it.
Margaret Toner, another sister of Mr.
Gallagher, who had begun the contest O
his will, testified to the same effect.
The case then went over until Monday
morning.