The daily sentinel., 1901-10-08
GALLAGHER TRIAL.

L
day afternoon, after special yenire had
been issued.
AT once District attorney Mem ullin
made his statement to the jury what the
prosecution intended to prove by their
witnesses.
The case was adjourned over from last
night until the convening OF court this
morning, the Jury being kept together
for the night.
The first witness called for the prose-
cution was DR.. Henderson. He simply
made a statement Of the condition in
which he found the body OF Tharp. He
also described the wound in the head and
his Identification Of the body of Arthur
Tharp.
There WAS no CROSS examination of DIR.
| henderson.
M. V. Tharp, the father II the mur-
dered boy was then called for identitica-
tion.
Mable Timbrel was the next witness
| called and she gave the slory of the kill
ing Of Arthur Tharp in a very graphic
manner, giving minute details, the tes-
timony being description of the xii ling
occurred.
The cross examination failed to affect
her testimony In the least. 1t, in fact.
seem to emphasize her former testimony.
In short, she told how Gallagher sp-
preached the wagon in which Tharp WAS
| riding and told him to get out, using the
| language attributed to him at the time.
The cross examination endeavored to se-
cure from her testimony as to how Gal
| lagher looked at the time he spoke to
Tharp and when he was in the act OF fir
| ing, but she did not testify in that rela-
tion at all.
Dell Green, one OF the other young Ia
dies in the wagon at the time OF the kill
ing, told practically the same story, only
| that she enlarged on it somewhat by tell
| ing what Gallagher had said as he passed
her while he was going from the tent
| and she toward another tent She tes-
titled that he said In passing that ave
got one and now I'll get the other"
She also testified that after the shoot
ing Of Tharp, and while she was immed-
lately behind Gallagher, the latter
touched Tharp with his foot and said,
''If you don't get up and go I'll shoot
you"
| Her testimony was not broken by
| cross examination in the least
| Frank. Welch was also called by the
| defense. He WAS the driver OF the wag-
on that night and testified practically in
| line with the testimony that had gone
before.
The elder Raines at whose house the
| shooting occurred said that Gallagher
had appeared at the house and said he
was going to do one OF tho boys. He al
| had been causing him troubls for two
years or more and that he was going to
end it, or words that eKect
| Perry Raines and the mother, Mrs. r.
| G. Raines, we're also called but their tes-
| timony was somewhat rambling.
After hearing this testimony the court
took recess of ten minutes, and, on re-
conveDing, the prosecution announced
that they would rest.
At this point Attorney Crowell made
his statement to the Jury. He said, or it
appeared from his language, that their
line of defense would be temporary IN.
sanity, induced by the fact that the boy
who was killed had been interfering in
his domestic affairs and that he had also
sought his sister to ruin her, and that
this knowledge had go worked on Gala
| CHER that he was made temporarily in
zane and that it was during and while
he was in this condition that the act Of
| killing WAS committed
The first witness for the defense called
| this afternoon was mrD by the name OF
Murphy. This WAS very voluble and
ready witness. He told tale OF walk
ing down Main street the night of the
tragedy and Of ovsrhearing Tharp say
| that he was going to the boot camp to
ruin Julia Gallagher. That while he
was making these remarks that he dis
played . revolver and said also that he
would kill tho two Gallaghers if 1t WAS
necessary to accomp plish his purpose.
On cross examination he went all over
this limo OF testimony, but toward the
epd he became very much mixed upon
his statements. He contradicted him
self at several points, which was very
plain.
On CROSS examination he said OF him
self that he was used to getting drunk,
had no permanent place OF abode, slept
IN barn lofts and alleys, il he was too
drunk to get out of them. His charac
ter did not show up in the best light,
even by his own testimony and it was
evident that the prosecution was endeav-
oring to impsach his credibility.
Edward Gallagher, brother, was next
called and testified he believed his bro
thsr insane. The balance OF his testi-
mony and that Of Effie Graham came too
late this afternoon for publication. .
G. b. Cannon of Walpole, N. H., is
stopping over in this city few days on
his way to the coast in search OF health