The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-03-16
GIVEN ANOTHER TRIAL
Matricide Gallaher Has a Chance 10 Es'
cape the Callows.
A GREAT SURPRISE 10 THE MURDERER
Court OF Criminal Appeals Reversed
the CRse Because Confession
Wrs Given 10 the Jury.


criminal appeals today reversed and re-
mandod the noted virgie Gallahcr case
from Galveston. Gs.laher Is charged with
the brutal murder of his mother on Au-
! gust IL, 1897. The case has attracted wide
| spread attention. The opinion Of the court
| reversing the case is quite lengthy one.
| The opinion contends that the lower court
erred so seriously in allowing Gallaher's
confession to be used as testimony and IN
refusing to grant n change OF venue after
IL was shown that the defendant was not
likely to get an impartial trial iu CAL
weston county as to make new trial no
more than justice.
Galveston. Texas, March 1o.--News that
the court OF criminal appeals had reversed
and remended the case of Virgil Gal'aner
was received hero about noon To-Day Inc
murder OF his mother teacher IN the
! galveston public schools; the arrest OF the
son and the sensational trial that followed
fern one of the most noted cases known
to the law anywhere.
Gallahtr was kept Under watch py the
police from tue moment the crime became
known but il was some time before ne
was placed under arrest. He was en- edu-
Gated Young man. scarcely out Of his teens
end student at the medical university.
Callaler was finally removed 10 a cell
ir tho county 'nil, and the hrst thing he
did when he was assigned to his quarters
was to give orders TO allow none OF his
relatives or friends to see him. But
wait o minute" he said TO the deputy
chief tell that reporter to come up and
see me. lied to him and want to make
it all right
Gallaher was lying upon cot He recog-
uized the reporter through the iron graf
ing of his cell. and asked the iauitor to
admit him to his quarters. The door was
opened, and the reporter entered. IL was
closed again, and Gallaher and the re-
porter we're left disturbed. II have sent
for YOU" he began slowly, " to show YOU
what a man may come TO VINO allows wo-
men TO control him.
Eyes, killed my mother--killed her in
cold blood. Struck her in a spot where my
surgical experience taught me produces In
slant death. There was not struggle.
Not one word was spoken. thought she
saw me when l attempted 80 steal some
money from her purse to spend upon
woman After committing the murder l
washed the blood from the razor and put
it back In the case. then washed some
blood stains from my shirt.
81 want to suffer the full penalty OF the
law and do not care for sympathy !
don Z beilcNe mat lutN Will nhnk stut, Dt-
cause feel that my mind has gone. II is
the same story OF women and wine"
The prisoner was indicted at the hrst
term of the criminal district court held
after the commission Of the crime, The
case was set for hearing at the Novem-
Der term OF last year, but was continued
on account of the illness of defendants
counsel
At the opening OF the spring term of 1925
judge Gavin set the case down for hear.
ing, and appointed Messrs Arthur Keetoh,
I. n. Mcdonald and N J, Skinner as coun
sci to defend the prisoner.
Motions FOR change Of venue and for
a continuance. which we're both denied
and securing a jury occupied the court
for several days
Finally tho trial began and Gallaher
pleaded not guilty. His attorneys made a
stubborn fight and succeeded In getting a
jury deliherstion of many aours. but at
last tbs verdict of guilty was rendered, and
the Judgment was entered.
Subsequently Gallshers attorneys ap-
piled for new trial on the strength of
an affidavit from one of the jurors set
ting up that he had agreed 10 the verdict
OF guilty upon representations made 10
the jury room that II would not be safe
for the jury to render a verdict OF ae-
ouittal and walk on the streets of Calves
ton.
Judge Gavin refused the melton and
punished the jurymen for contempt OF
court.
The case was taken to the court OF Grim.
inal appeals and has been spending there
ever since.
A Post reporter this afternoon called
at the county Jail to see Gallaher and
break to him the news that he would be
given a new trial. Under strict standing
orders to admit no one but his father. the
reporter was denied admission to his cell. |
Denuty Tailor Crause however, offered to
convey TO him She information and ask |
the young man II he would see a reporter. |
He did so. and the news thus conveyed |
was the first ntimation the youthful pris- |
oner had that his case had been acted |
on by the court OF criminal appeals.
1t was great surprise to him. and for !
some moments he was unable TO control |
his emotions. Galsher seemed unable to |
realize what the news meant to him. and |
Mr.. Crause was kept waiting a consider |
able while When he did return 10 where |
the reporter had been left II was with the |
statement that Gallaher was so shocked |
when the news was broken to him that he |
did not care, ip that condition Of mind, |
TO talk about the matter. Perhaps he |
would do so in q day or two