Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-03-07
CHARGES WITHDRAWN
Two Out of Four Charges In
gallagher Indictment Are
Stricken Out
EVIDENCE WAS CLOSED TODAY
Many Witnesses Called BY Defense
To Prove Mrs. GalIausher's Good
Reputatio-AttorneyH oIbert, For
The Defense, Has Prepared For An
Appeal In Case Of An Adverse Verdict.
snecial to Times-Repuhllcan.

Special to Times Republican.
Iowa City, March THE evidence in
the Gallagher perjury case closed this
afternoon and County Attorney Fair
child began the opening speech to the
Jury. Judge Byington expressed his
satisfaction to counsel that the case
could be brought to close so soon.
The audience in the court room has
changed materially since the beginning
Of the trial The salacious testimony
Of Chas. Holada is no longer expected.
Women no longer form the majority
Of the audience. During Holada's tes-
tinony. women formed the expression
Of the opinion of the audience by their
filters, smiles and huns of approval,
showing that they believed the testi-
money given. The sallies Of the states
attorneys were approved, while those OF
the defense went unappreciated.
Judge Byington has striker out two
OF the four charges in the indictment,
the charge Of alleged perjury with ref
erence to the occupancy of the bed
the night of the murder on account
Of insufficient traverse OF the charge;
that of alleged perjury as to the where
abouts of the revolver on the night of
the murder, because of fatal variance
between the charge as laid and the
proof. Two charges Of perjury remain,
those concerning the conversation with
Holada and DR.. Delano the morning
after the murder, and OF conspiracy.
The defense expects strong instruc-
tions with regard to the charge OF per-
jury In denying conspiracy to murder
Jas. gallagher, since the testimony
OF convict Holada expressly denies hav-
ing accepted any of the alleged pro-
posals which he testifies Mrs. CAL
1augher made.
Witness after witness was called yes
terday and tlliu morning by the defense
to prove Mrs. Gallaughers good repu-
tation as "a virtuous woman and for
truth and veracity and her good char
acter. The official court reported at the
time OF the previous trial for, murder
and four members Of the jury testified
to impeachments OF Chas. Holada's
statements as to his testimony on the
former trial. The defense offered four
more former jurors but to save time
an offer was made as to certain testi-
mony on Holada's testimony on the
s1oE1ner~ TRIAL. the court having refused
to allow this testimony to go in, and
q formal refusal of the offer went
into the minutes of the trial.
Attorney Holbert has filed UP the
minutes OF the trial with countless OBJ
jections, SO as to prepare for appeal III
case OF adverse verdict. He will nOE
put the defendant on the stand in this
case, because" he says. "her testi-
mony is not needed, the only question
Ia this case being as to whether defend
ant lied in her former testimony. All
the other little points brought UP by the
state are of no consequence" The fact
is, however, that by not putting the
defendant on the stand, Mr.. Holbert
preserves an absolute right to new
trial on account OF remarks made by
Counsel Hart in reference to the fact
that defendant would not go up the
stand. These remarks We're made in
the presence of the jury and were heard
by the official reporter, newspaper re-
porters, and many others.
Judge Byington ruled on point of
interest to young people this morning.
John Lutz, neighbor who had worked
for short times at the gallagher farm,
was on the stand testifying that the
home life of Mr.. and Mrs. gallagher
was very happy.
James and his wife We're even more
spoony than young married couples"
testified Mr.. Lutz.
Judge Byington ruled "spoony" out of
ground that it had no legal signifi-
canoe.
Mr.. Lutz also impeached detective
Chairman, who denied on cross-exam-
ination having ever said, when 1 get
after a man, guilty or innocent, he
has a hi of a time getting out of it."
Mr.. Lutz testified that Chairman had
told him that at the sale of stock at
the Gallaugher farm after the muir
der.
The state ruled the reporters from
q place at the states table, where they
had gone in order to hear Holada's tes-
timony yesterday morning. The report
ers' faces said the counsel for the
state, had shown during Holada's testi-
mony that they thought he was lying,
and besides the reporters We're putting
stories in favor Of the defendant in
their papers, so they would have to
take seat farther away from the wit
ness stand so they could not hear so
plainly the low words spoken by Hol-
ada when he might be recalled.