The San Francisco call., 1896-02-12
Mrs. Ellen Gallagher Transferred
$4,000 to Him Without
Receipt.
HEIRS SEEK TO RECOVER
Defense Claims That the Deceased De.
sired to Erect a Church in
st. Roses Parish.

The trial of the case of 2. ]. White. spe-
cial administrator of the estate of Ellen
Gala her, deceased against Rev. Father
Denis Nugent was begun yesterday morn
ing before Judge Hunt. The suit is
brought at the instance of the heirs of
Thomas and Ellen Gallagher. They are
Peter and James Collins, Margaret Col
Inns, Hannah Kelly and James McCullom.
They seek to recover $140,000 which they
Allege that Father Nugent, by the exercise
OF undue influence, secured from decedent's
estate for his own benefit and of that OF
the church. Archbishop Riordan is made
party to the suit, as the church property
within the diocese stands in his name as
its head. Much interest is manifested in
the case because of its peculiar charac-
ter. Both sides exhausted all their chal-
lenges before the jury was secured, the
effort on the one side being to secure as
many mem bers of the Catholic church on
the panel as they might, while the other
side sought to exclude these. Henley &
Costello represented the plaintiffs and
CARRIER, Boalt & Bishop and William T.
Baggett represented the plaintiff and
John T. Harlan certain of the individual
heirs; Reddy, Campbell & Metson, STAN
ley, Hayes 81 Bradley and Jones & Q'Don-
nell the defendants.
The Jury was secured by neon. Those
called were questioned by the prosecution
as TO whether they were interested in any
society, the object of which was antagonis-
tic to the Roman Catholic church. On the
other side Mr.. Henley wanted TO know if
they had any delicacy as to sitting in the
trial of case where a priest was party
defendant.
Among the talesmen who were chal-
lenged was B. Noble, who admitted that
he was member of the American Protec-
tie Association, but declared that that
fact would have no effect upon his iudg-
ment of the evidence. He was not accepted
however. a. L. Strauss said he had read
about the case in the California World.
He belongs to no church, he said, but his
folks are Catholic. He was accepted.
Following is the jury empaneled: ]. r.
McGuffick, g. A. Davis, Thomas A. Nunan,
w. +. Loveioy, NJ. II. Morris, r. Lee, b.
I. White, +. G.. Fraser, NJ. ]. WEIGH Jr.,
M. ]. Siderman, ]. H. Seller, A. L.
Strauss
OF these there are two protesting men,
bers of the Catholic Church, Thomas Nu-
nan and NJ. J. Welch.
Barclay Henley opened the case for the
plaintiffs. In his address he said that
Thomas Gallagher died in January, 1892
leaving an estate worth $4,000 in stocks,
cash and realty. He lived near St. Marys
Denis Nugent Catholic priest. He nomi-
mated Nugent as executor of his will with
out bonds. His wife and Kingston were
also executors, but Nugent was the active
one among them-he did all the work
practically alone. Denis had brother
John, pastor of the church near where
Gallagher lived. Thomas Gallagher left
property to his wife worth Sl47 600.
After Mr.. Gallagher's death he said that
the friendship between his wife and Nu-
gent increased. He and his brother John
and sister Margaret were almost her
only friends. Soon after her hus-
bands death Ellen decided to sell the
property, Nos 313 and 315 Kearny street
The sale realized $8l, 500. Denis Nugent,
he said, managed the sale and the money
was turned over to him. Then $21 600 was
realized from the sale of certain stock, and
this was turned over to him for the pur-
pose OF building church. In all he said
that Mrs. Gallagher gave the priest sums
OF money aggregahng between $3.50 900
and $I50,000. No written acknowledge
ments of any kind were made concerning
these transfers. These transfers were not
known by Gallagher's heirs until after
Ellen Gallagher's death, and then Nugent
made 1t known. To be sure, he had some
receipts, but they are not witnessed and
are in his own handwriting. One of these
was written by him two or three days be-
fore the death of Ellen Gallagher and
while she was on her deathbed. This re-
celpt represents the transfer of no less
than $4,000. These two priests and their
sister, said counsel, were the only persons
who knew about this. and when Father
Nugent gave them the information he did
so rs a secret.
Mrs. Gallagher was intensely religious
According to Mr.. Henley her house was
fitted with all manner of religious decora-
ton, and IN her bedroom she had an altar.
Every morning she spent something like
an hour IN the chapel, and then she would
spend several hours on her knees before
the altar in her room, and in the evening
sne would go again to the chapel. She
saw her relations only at rare Intervals
She was penurious. Her monthly ex-
penses did not amount 10 over $40. She
was taken sick about a week before she
died, and Margaret Nugent was her nurse
and attendant during all her last Illness.
She died In April. During the preceding
December she had conveyed a piece OF
property to Miss Nugent. Just before her
death she had parted with all her estate
except S5O,O00 half of which was in cash
and half IN real estate. All the remainder
she had turned over to the priest. She
oeeoed some property to the Archbishop.
She made will leaving her relatives sew
eral bequests. She had received from the
court since her husbands death $500 or
$500 month, in all amounting to about
$iu,Vu. Ihls was put out TO interest, but
what ii has netted is not known. Mr..
Henley said the plaintiffs would show the
jury that the priests influence. interpos-
ing the claims of the church, had led Mrs.
Gallagher to forget her own people. and
that If she had been left to herself SHE
would have remembered her kindred.
Daniel Black was the first witness called.
1t was he that purchased the Kearny-street
property referred to. He said he effected
the trade with Father Nugent. Mrs. GAL
lagher turned the entire matter over 10 the
priest.
Joseph Toner, relative. testified to the
pious and deyout character of Mrs. Gal
lagher, that her house was fitted up with
many religious emblems, an altar, etc.
Mrs. Margaret Dugan, o nurse, who had
been called in on the Friday preceding the
Monday on which Mrs. Gallagher died
testified that Father Denis Nugent, his
brother John and his sister were there,
also Sister Mary B. Russell, mother su-
perior of st. Mary's Hospital.
Here the trial ended for the day. The
defense, it is stated, will undertake to
show that Mrs. Gallagher in all she did
was simply carrying out the wishes of her
husband and that there was no undue in