The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-01-21

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thought he was crazy drunk. po..,h,x !.
It's Hight to heaven nau "ihges
hut at 10 o'clock the sap,a ,
W. Aunt Betty Shafer knocks N nv ssais
ne orens IT lightly. puts his hsnd ~. wv w.
s sanvs the rent money, Knowing IN, w
nosner was dead Aunt pett1 ss,a., ~ =;
no,nlns aoncr1nal in his copdItinp 80, :,
cs-se,, ne repairs to the house Of Mrs
and Ian ana tells her his mother Is Sic,
worsa ~ no. want any dinner. He i,
$50 'nan the man who betfnved Nj,
savior, for Judas got 80 p,ecss ~ ~ s,,,. ~
~. ualianer only got 81. The cnss !
one recurring not only action. hui visnT.
S's eS'son on the part of the fury. n
Mr. Newton ]. skinner opened nm m.
part OF the defense He suggested som,
points OF law to the court, covering an NJ
'nought, some charges he would ask ~,
1 court to make for the defense Tho n,,,..
were submitted to Judge Gavin. whc
s.a.ed that he would consider them. ona
~. sne cnarges asked was granted ,nd me
| co,,,,.s, i llr. 10 the latter defeiidsni
counsel excepted and the excentlons ,5o,.s
1o.sd, as TO the defendants counsel ,,ot
oeing permitted to read them. MIR. ei,is,,
her then addressed the jury. He desired
W say that the jury had been .alss,5,d
adoer due elaboration out of panel nj
| Soo' because it was thought they wonld
,enuer ialr and impartial verdict.
MT. skinner then reviewed the evidence
ana the relations existing between mofhsr
and son on the Saturday night when she
Nus Nus iast seen alive. That Mrs. Gallaher
nau not worn the bangle. md thourht
siiat part OF the confession WINS false
me physician viewing the po.ly estimated
.ne Time that had elapsed rom Mrs, Gall
'ahsr death TO the hour she was fsund
az irohi SIX to twenty -fonr hours, Thought
mat the confession was secured from
ne defendant ut notice Headquarters nv
tno exercise Of all TIE powers delegated ID
me department, through the sweat box''
system Whom the police themselves nd
mt ihey He'd 10 get the confession, what
Could they eNnect brit lies In return? The
Ntate Is relying on tie confession. and
must Reconcile the discrepancies existing
IN thom II Recorder Ceehan .,ad not re-
trfshcn his memory he would not have
Isen able TO testify rs we'll "a he did. |
tnlhK you can not do Otherwise than feel
tnat me confessions We're not atde vol
ehtarlly In no confession, exeeDt that
majestic Chief Jones. Is there any men.
ton Of the bangle being taken from The
mothers neck. Il was intimated 10 the
prisoner that he had better make n con-
tession, ana that unless ha did so he could
not he protected.
Willie ut the beach the Gallahers were
In the best C. spirits. The last seen of
Mrs. Gallaher WAS tl,at night when they
returned home, We next find the son at
the Mascot theatcr opening drinking
everything that his money would buy. III
Us testified to that h was so drunk that
be tried to pull barrel out from under
the stage. and upon being demonstrated
with drrw razor. The special details OF
the confession are remembered by some
and not by others.
Tho State tries to show by GaIlaner's
visit 10 the hospital that he wa, sane
Neimeyer, the proprietor of the Mascot.
testiiies that when he saw defendant he
thought he was sober. The statenout or
eta Howard is that he was drunk and
pulling out a razor The testimony of
Mrs. Fitzgerald, the sister OF Mrs. Gala
her, was brought out fer the purpose OF
contradicting the evidence of the father.
This YOU must Judge. she tcok possession
Ct the elfects of Kate Gallaher and Virgil |
Gallaher. and this may have influenced !
her.
Reviewed the testimony of the witnesses
for the defense regarding the whereabouts |
of defendant on that fatal Sunday morn |
ing, and his condition as TO sobrlety.
Gallaher did not recognize his acquaint- |
ances that morning. II he was In his
normal condition he could not have failed
to do so. He was seen by number OF
persons that morning very much intoXi- |
Gated and flourishilg the razor There Is |
a great discrepancy in the hours when the |
defendant Is claimed to have been seen
In the streets. When old Aunt Betty |
called, according to the defendant. it was
The first time he knew his mother was
dead. There were large number OF wit
nesses who testified that. within their
the defendant had never taken
l drink. The testimony was that the rela-
lions between mother and son We're eX-
ceptonally affectionatc, The defendant is
not on trial fer visiting the Mascot thea
err up to that time we have not heard
If the defendant using liduor. He says
ne has a vague ana indistinct memory OF
eaving the place, and remembered moth
ng more until Aunt Betty came and he
discovered that his mother was dead. Can
you imagine his feelings then? He tells
'ou that he can not tell; that he does not
know. What could have been the condi-
ion of that mans mind? The State has
allied 10 show that the crime vas COM
nitted with malice aforethought. There
S doubt that the defendant was sane
Ifter he discovered the BODY and tried to
Ire the building. think there Is rea-
enable doubt that he was in such con-
iton OF mind as TO be responsible for
lis acts. The motive given is that he was
aught In the act OF stealing the paltry
3 and committed the murder to conceal
t. The State has established no 'notiye:i
any crime was committed 1t was done in
drunken stupor, and he is In no wise re-
ponsible.
Called attention to the youth Of the de-
endant and the effect liquor would have
II him.
It is within your power II warranted by
he facts. TO assess the death penalty or
lie Imprisonment on defendant n other
Use YOU have the power to intlict i'm
rIsonment for a term not less thnn five ,
ears II YOU find some one else commit
ID it you can acauit him. Mr.. Skinner
hen closed.
Mr.. Arthur Keetch. Of counsel for the
efense, then addressed the Jury. Al
ided to the fact that when defendant ,
anne out of the gulf that Saturday night
e was very much exhausted and after
ards his min. was not morally under /,
,ntrol. Scored the Maseot theater I
rere wnnton women fall upon the men ,
ro drift in there. Has no doubt that /
-, =, f.sIlaher 10 sDend all his money I