Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-02-09
Motion For Change of Venue In
the Gallagher Case Sub
mitted Today
ATTORNEY ALLEGES PREJUDICE
Claim is Made That the Reports and
Discussion of the Crime Have ARGUS
ed Popular Sentiment Against the
Woman to Such an Extent That an
Impartial Trial Can Not Be Held.
Special TO Times-Republican.

Special to Times Republican.
Iowa City. Feb. ?-The arguments
for change of venue in Mrs. S. E. Gai-
laughers trial for perjury We're made
today before Judge Byington. Mrs.
Gallagher petitioned for change OF
Venue on account OF prejudice in the
county.
In support of her petition, Mrs. Gall
laughers attorney, George B. Holbert,
brought forward a large number of af-
fidavits of residents Of Johnson county,
Who affirmed that opinion and preJu-
dice would prevent her from receiving q
fair trial on the indictment for perjury.
Mr.. Holbert argued that since Mrs.
Gallaugheris acquittal of the charge OF
numbering her husband, many stories
prejudicial to Mrs. Gallaugher had been
told about the county, some by the
attorney for Holada, Who was the other
party charged with the crime and who
plead guilty of murder In the second
degree in that he assisted IN the COM
mission of the crime, and some by var
ous other persons Among these
stories were that Mrs. gallagher had
raised corruption fund of $4,000 to
free herself of the charge of murder, to
which charge Attorney Holbert
answered on oath that her expenses In
the trial for murder were not $50 ex-
elusive of attorneys fees. Other
charges were that Mrs. Gallagher had
paid Walker, the hired man at the Gal
laugher house, to suppress certain
0Ri ,lf
working on the case had been hired to
keep silent of vital points and that
Mrs. Gallagher had been woman OF
immoral character and had been guilty
of adultery with mal.y persons in the
neighborhood before the murder OF her
husband, all of which stories Attorney
Holbert branded as false and contended
that they had preiudicial effect on
the defendant in her trial for perjury
growing out of the former trial.
County Attorney r. NJ. Fairchild ar
gued that Mrs. Gallaugher's application
for change of venue was made IN baa
faith and with purpose to delay the
trial that there was plenty OF time FOR
this motion so as to pern,.A trial or the
case in November or January but that
defendant had not only delayed to make
her application then but had absented
herself from service of the indictment
until too late to try her at the January
term. That now it would he the latter
mart of March before a trial could be
had on the case in case of change of
venue.
Mr.. Fairchild further argued that
there was not prejudice against Mrs.
Gallagher in Johnson county, that
even in Fremont township. where the
crime of murder was committed, the
prejudice has not chrystalized in such
form as to deprive defendant of fair
trial that Holada was arrested I'M
mediately after the commission OF the
murder on June 90 and that Mrs. Gall
laugher was suspected of the crime but
that she was permitted to live in Ere
mont township all the time save for two
weeks when she was in jail in Novem-
her and the time she had spent in hid
ing from the indictment for perjury
Mr.. Fairchild further argued that the
newspaper statements were dispas-
sionate statements. not calculated to
intlame prejudice.