The San Francisco call., 1896-02-13
On Her Deathbed She Signed Paper
Designed to Prevent Inquiry as
to Property Transfers.


when she walked or rode abroad. Mrs
Gallagher had very few callers aside from
Father Nugent, who was a frequent Wis
itor, as was also Sister Mary B. Russell
mother superior of the Sisters of Mercy a
st. Mary's Hospital.
In regard to Mrs. Gallagher's last sick
ness the witness said it began on Thurs
day and terminated i'll death on the fol
lowing Monday. The witness was by hel
side nearly all of that time. A doctor wa.
sent for Immediately upon Mrs. Gala
gher's falling i'll. The witness did moi
remember any one calling upon Mrs. Gal
| lagher during her sickness. Father Nugent
called to ask about her, but did not enter
her room; neither did any attorney OF
notary enter the room so far as witness
was aware. The outside door of the house
| was unfastened, so that any one might
enter and go upstairs without disturbing
Mrs. Gallagher. The witness said that
Mrs. Gallagher was a deeply religious
| woman and devoted to her church, but
| declared that she was by no means weak
minded. Under cross examination by
H. Campbell the witness said the de-
ceased could not be said to be more devout
/ than any other religious woman.
~ suppose she attended mass morning
and EVENING"" inquired Mr.. Campbell.
George R. B. Hayes sitting just back of
/ hT. SdEDD led4eQ FORWARD ana WnlS-
pered anxiously:
s'Ah!'' said Mr.. CampbelI, "I find | am
wrong. 1t is mass in the morning and in
the evening vespers. | am pleased to be
corrected"
at is not impossible, with such progress,
| that you will leave your money to the
Catholic Church." said Barclay Henley
smiTingly.
II might leave it to less worthy OBJ
iect," retorted Campbell, "a far less
worthy object
Mrs. Rosanna Reilly, a full cousin of
Mrs. Gallagher, was the next witness. She
testified to the deep religious nature of the
deceased; that she spent most of her time
in her devotions.
gent himself. In it he said that apart
from being his spiritual adviser he had al
ways been an intimate friend of Thomas
Gallagher. He had never had anything to
do with Gallagher's business affairs dur
ing his lifetime. Afterward. however, he
acted as business agent for Mrs. Gallagher.
He denied that Mrs. Gallagher had exc
cuted the deeds for any of the property un-
der fear of impending death, although
they were executed during her last illness.
At the time, however, he said she had no
idea that she was about to die.
The question was asked, "How did she
come. to make the deedP What did she
say?"
"She said, MY husband was taken
short; I'm not going to be taken short !"
"What did she mean by that?"
"She said that her husband had in
tended to be his own executor and to have
everything settled up before he died. He
died, however. too suddenly to accomplish
his purpose"
"You say Mrs. Gallagher did not think
she was going to die?"
mo, she did not. But she wished to be
on the safe side. Life was uncertain
"Did she speak of the church and the
Archbishopg'
s'She said she did not wish the Arch
bishop to have it. 1t might not go where
| she wanted it to go. She wanted me to
have il and to build a church and house
| with it
''What kind of house2"
| 1.-The sort of house l deserved"
| In his deposition Father Nugent ad-
mitted that he received altogether about
S120, 900 from Mrs. Gallagher, including
! the house. She gave him large sums for
saying masses, which he felt no hesitancy
! in accepting. A document was introduced
! signed by Mrs. Gallagher, in which she set
/ forth that she had made the conveyance of
property to Father Nugent and that she
did not desire him to be ever called upon
to explain the reasons which impeIled him
! TO do so or the purposes for which the
money was to be used.
"Mrs. Gallagher was on her deathbed at
the time of signing this, was she not2"
! was asked.
.sHer illness was not considered serious.
| She did rot know it was her deathbed."
! On the document was written this brief
| note: "I acknowledge the receipt of the
amount. ID. Nugent.''
! Mr.. Henley claimed that this entire doc
ument was in the handwriting of Father
Nugent, all except the signature of Mrs.
| Gallagher. This point was not disputed.
Q. Y. Martin and Robert Peel, employees
OF Madison & Burke, testified as to real
estate dealings in the property of Ellen
| collection of rents, etc., the proceeds of
which were turned over TO Father Nugent.
| Thomas Magee also made similar state
ments.
Mother Superior Russell was called. She
| testified that she had never called on Mrs.
Gallagher except when the latter was ILL.,
Some considerable time before her death
the witness had asked her to make deed
to certain piece of property adjoining the
hospital, which had been promised by her
husband and which afforded the only ma.
tural carriage entrance TO the hospital.
Mrs. Gallagher reflected for moment and
then said: 81 didn't know Tom had prom
ised it ana have already given il to some
other" She did not say who the other
person was; witness did not ask her, but
simply said, THAT settles it,
Calvin Ewing testified that Peter Col
Inns, one of the contesting heirs, had
stopped at his house upon his (Coilin'sl
arrival in the City from Philadelphia.
Shortly. afterward Ewing called upon
Father Nugent and told him OF Collins
purpose. The witness said:
Father Nugent told me that he was
aware that there was some dissatisfaction
| among the heirs, bat not among all of
them. One OF them, he said, signified her
Willingness to take half her share if she
got it Immediately. He went on to saw
that he had taken extra precautions to
fortlfy himself behind the law in relation
to the estates OF both Mr.. and Mrs. Gal
lagher and 1t would be impossible for him
to be removed or shaken from his position
no matter what the dissatisfaction OF the
heirs.
Mr.. Ewing was sharply cross-examined
by Mr.. Campbell, but stuck to his story.
he said they were talking not only about
the property mentioned in the will but ali
the property which the heirs thought they
should have received by the will.
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