The San Francisco call., 1896-02-18
MRS, GALLAGHER'S GIFT.
Father Denis F. Nugent of St.
Roses Church on the
Stand.
HOW THE PROPERTY WAS GIVEN
The Question of Undue Infuence-Miss
Margaret Nugent Will Testify
To-Day.

f. Nugent, pastor Of st. Roses Church,
was put on the stand to testify as to Mrs.
Gallagher's gift of $140, 600 worth of prop
erty to the Catholic church. Just before
her death in April, 1895, she gave him a
deed of transfer of all her property except
some small bequests to relatives, and the
present suit is brought by those legatees TO
recover the money on the ground that she
had been unduly Influenced in making the
gift. According 10 her alleged wishes the
| new ST. Roses Church on Brannan street,
| near Fourth, was to be built from the pro-
ceeds OF the transferred property.
In the morning Peter Collins testified to
the effect that Father Nugent had init
(Nugent) had influenced Mrs. Gallagheri ir
the disposition of her property.
Father Nugent testified that Mrs. Ga lla-
CHER had presented him with all the prop
erty and that she was in perfectly sound
mind and made the gift of her own free
as the people of ST. Roses parish were too
poor to do so. He simply carried out her
behest HI was asked by Attorney Joseph
Campbell if he had said that he had so
fortified himself behind the law that his
position in the transaction could not be
shaken.
The witness answered that Calvin Ewing
had come to him in bland manner to talk
of the Gallagher affair." and that he told
Ewing that what Mrs. Gallagher had done
was perfectly legal in every way and he
did not see how the law could interfere.
Mr.. Henley objected to the phrase
"bland manner" uced IN the description of
Mr.. Ewing's approach, and that was
ordered expunged from the records. Wit
ness also stated that he was not Mrs. Gal
lagher's spiritual adviser after the division
OF the parish in 1886.
Father Nugent objected to Mr.. Henley
calling the bequest donation" 1t was
not donation, he argued.
did you not suggest this gift for the
Archbishop TO Mrs. Gallagher?'' asked Mr..
Henley.
II aid not.''
"Yet the document was in your hand
| writing?'
| Henley then asked for the receipts which
Father Nugent got from Mrs. Gallagher,
and asked:
WAS any one present when these re-
ceipts were signed2"
mo one."
"Shoud there not have been witnesses
| present when this woman gave away over
| 100000 to your
This question was not allowed, and Mr..
| Henley asked:
Did you ever remind Mrs. Gallagher
that her brother, man of 80 years, was in
! pOornOuSe IN lreland?
The question was permitted, notwith-
! standing CampbelFs strong objection.
81 did not remind her OF that
"Why not?"
| Because she frequently told me that
she intended to remember her relatives in
| accordance with the expressed desires OF
| her husband"
| Don't you remember telling Peter
| Collins that if it had not been for you he
would not have got as much money in
| the will as he did?'
81 do not remem Der it."
"Do you deny THAI you said it?''
81 don't remember"
versation telling him he would not have
got what he did except it was to evade
| the law?''
II do not remember that either"
"Do you deny you said it?"
81 do not remem Der it,
The court-You do not deny that nor
admit it?
81 do not remem Der it. do not remem-
ber that conversation"
''When you say you do not remem Der it
you mean that you do not remember using
that particular language2'
''Yes, sir; do not remember saying
that; most likely did not"
Mr.. pbell-State what you said to
him.
Il said that his aunt thought he got too
much, but it was far from being too little.
That is about all of it,
Mr.. Henley That is all that passed be-
tween you on that occasion?
'That was the substance of it in few
words"
Question repeatedly Don't you remem-
Der ever telling him that if it had not been
for you he would not have got as much
money in the will as he did?"
The court--What do you say to that?
81 do not remember ever having told
him anything of the kind"
Are you prepared to swear positively
whether you did or did not make such a
statement in substance or effect?"
at is impossible for me to remem Der
anything that person says. L cannot
swear positively did not say it."
MIR. Campbell-What did you say to him
| ir relation to his aunt?
Il SAID that his aunt was under the I'M
preston that he got too much; that it was
enough for him at least
els it possible that you could have made
such a statement-that 1t was done to
evade the law? That he got this $25OO in
the will to evade the law"
81 do not remember making any such
assertion as that. On reflection, think
there was some talk about that, and I am
| under the impression l may have said
that; that she gave him $500 that it
| might appear decent. and that her will
uhiSuI iiot DC COutcStcQ. tulilk tQefe
was some conversation to that effect that
| remem Der now"
"Did you say in that conv ersatjon, or
in any conversation, to Mr.. Collins, that
you had anything to do with the giving
of $780, or withholding it?''
''No, sir; 1 had nothing to do with the
will at ALL and | never told him 500
Mr.. Henley desired to put Miss Marga-
ret Nugent. sister of Father Nugent, on
the stand, but it was stated that she was a
sufferer from heart disease and could not
bear the ordeal of cross-examination.
The attorney was not satisfied and made
a request that she be called TO testify this
morning at 10 o'clock, when the case
goes on.
PADEREWSKI RECITAL.