Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-03-09
A NEW TRIAL WILL BE SOUGHT
Mrs. Gallagher Took The Verdict
Quietly, But Gave Evidence OF Great
Emotion-Jury's Verdict Was Based
On Defendants Perjury Concerning
Relations With HoIada.
Special to Times-Republican.

| Mrs. Gallagher, her attorneys. the
attorneys for the state and the jury
and court officials were all who were
present when the jury filed into their
places in the court room, and the fore
man announced to the court that they
HAD arrived at verdict. Intense si-
|lence prevailed over the little group as
|sembled as the foreman Of the jury, w.
X. Saxton, arose and handed the en-
ivelope containing the verdict to the
clark Of the court. Mrs. Gallagher sat
by the side of her attorneys as notion
less as statue and did not give the
slightest sign Of emotion as the YER
dict, which may send her to the peni-
|tentiary, was read. AS the clerk began
to read she leaned slightly forward.
holding tightly to the arms of the easy
|chair which she occupied. Her face
was drawn and white, and she gave
great evidence of the mental and physi-
cal strain which she has passed thru.
AS the clerk pronounced the words
guilty as charged she cropped little
L.
strong effort raised herself and leaned
back in her chair as If resigned to her
fate. She turned her eyes toward the
Judge as in mute appeal for sympathy.
but her lips We're motionless.
The jury was polled, each man an
swering yes to the question of the court
ii the verdict was as he had voted.
Judge Byington thanked them and they
were ordered discharged.
Attorney George B. Ho,bert then adj
dressed the court and announced that a
motion for new trial would be made.
Mrs. Gallagher left the court room in
company with her attorney and went
back to the Hotel O'Reilly, where she is
stopping. She refused to discuss the
verdict in any way, simply saying that
everything was in the hands of her at
torney.
The closing arguments in the case
We're made at night session of the
court on Saturday night. and the case
was given to the jury at 1850 o'clock.
Judge Byington delivered lengthy in
structions to the jury and appended
four interrogatories to his instructions.
as follows, with the answers of the jury
to each of them:
i. Do you find that the defendant
swore falsely when sha said that she
had not conspired with Charles Holada
to kill James Gallagher:
Answer-No.
swore falsely when she said that she
had not told DR.. De Lano that her re-
volver was not in the house on the night
OF the murder?
Answer-No.
3. Do you find that the defendant
swore falsely when she said that she
did not have a meeting with Charles
Holada on the night Of the murder?
Answer-No.
4. Do you find that the defendant
swore falsely when she said that she
had not held improper relations with
Charles Holada?
AnSwer-Yes.
1t was on the last finding that the
jury based the grounds for the verdict
returned by them. None of the jurors
would discuss their verdict. When the
case was given to them Saturday night
they retired to the jury room and dis
cussed it until o'clock a. m. They
then went to bed and resumed the dis
cussion Sunday morning. Shortly
after o'clock in the afternoon they
notified the bailiff in charge of them
that they had arrived at verdict, and
him to notify Judge Byinp-
ton. 1t was 3 o'clock when the court
announced that it was ready to receive
the verdict. The jury came in at once.
and very little time was wasted from
the time they came in until they were
The verdict is virtual victory for
the defendant. The state during the
trial tried her second time for the
murder of her husband, rather than
for perjury, which was the charge in
the indictment. An application for the
pardon of Charles Holada was hoped
for II the present jury could be per-
suaded to convict Mrs. gallagher of
the murder of her husband, on the
ground that Holada was mere tool
and Mrs. gallagher the main conspi-
ratOr.
Charles Holada goes back to the
today blacker william
than he was considered when he came.
The verdict of this jury says that Hol-
ada seduced the wife of the man he
afterwards murdered and that Mrs.
Gallagher when on trial for the muir
der, denied under oath her seduction.
Holada is left the only murderer of
James Gallagher. Mrs. Gallagher is
declared to be the mere victim of her
murderer.
The defense will move Judge Bying-
ton for a new trial of the case. and in
case of its being overruled, will appeal
TO the supreme court. Attorney HoI- |
bert has many grounds on which to
move for new trial. The most i'm
portant are Judge Byington's refusal
of instruction asked by defendant to
the effect that the law presumes the
truth of Mrs Gallaughers testimony.
the failure of the state in the former
trial to show that the fact of sexual
intercourse was material to the trial
for murder, and Counsel Harris refer
ence to the fact that the defendant
would not go upon the stand in her
own behalf this statement being made
in the presence of the jury
while objecting to the cross examina-
ton of Miss Hess, the official reporter
at the murder trial.
The verdict of guilty was hailed with
JOY in Lone Tree and turnout Fremont