Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-03-06
STATE 5 CASE JARED
Defense In the gallagher Case
+ Springs a Surprise on the
State
HoLADAs EVIDENCE REruTED
A Number of Statements Made by HoI-
ada for the State are Shown by Miss
caldweIl's Testimony to be False -
Exciting Scenes at the Trial.
Special to Times Republican.

Special to Times-Republican.
Iowa City. March 6.-Miss Opal Col
well, a pretty girl. is years old, earnes,
in manner and SO careful on her cross
examination that she might not answer
before the court ruled on counsel's OBJ
jections that she frequently put hel
fingers to her lips to stop the answers
that naturally came, created consterna-
ton in the camp of the state today. Nc
testimony so impeachfng the testimony
of Charles Holada, on whom the state
relies to convict, had been given on the
former trial of Mrs. Gallagher.
The state was wholly unprepared for
Miss Colwells testimony, and Mr. Hart
the assistant counsel for the state, at
tackled her in a manner which showed
great evaporation.
Miss Colwell testified that Saturday
night of the week James ,Gallaugher
was in Wisconsin, being in March year
ago, she had gone to the gallagher
place and slept with Mrs. gallagher.
During the night some parties from
Iowa City raped at the door, inquiring
the way to the marsh. Mrs. Gallaugher
got up and told them. returning in a
very short time to bed. She also testi-
fled that on the occasion related by An
thony Gallagher of seeing Mrs. Gall
laugher and Holada come out of the
bedroom. Holada's face being flushed,
she was in the room outside the bed
room, that the door was open and that
she saw Mrs. Gal1augller and Holada all
the time they We're in the bedroom and
that nothing improper occurred and
Holada's face was not flushed.
Holada testified yesterday that Mrs.
Gallaugher slept alone on the night when
parties came inquiring the way to the
marsh. and that after they had gone
away she came to him in the front
room, urging him to come and sleep
With her. On cross-examination he
stated positively to the jury that he
was sure of all these details, and that
Opal Colwell did not come to the house
during the week James gallagher was
In Wisconsin.
The counsel for the state were Sc
verely reprimanded yesterday by the
court for continually breaking into. At
torney Holbert's objections and inject
ing personal filings at him. Attorney
Holbert was also lightly censured for
replying to the personal attacks of the
states counsel
The object of Attorney Holbert in. OBJ
jecting in such detail to the indictment
on the second Cay of the trial. came ont
to some extent yesterday afternoon,
when he moved, at the close of the
plaintiffs evidence, that the jury be in
structed to return verdict of not gull
ty. The court overruled this motion,
but stated that instructions as to the
weight of much of the evidence, the
sufficiency of clauses in the Indictment,
and the confederation required for the
states impeaching evidence would be
given in strong language in the instruc-
tons to the jury.
Mr.. Holbert moved for a directed ver-
dict on the ground that the states only
evidence showing perjury was that of
Charles Holada. the evidence relied up
on by the state to corroborate that evi-
dence tending as strongly to show inno-
cence as guilt, and that Holada stood
doubly impeached before the court as
an accomplish, self-confessed and a
convict under life sentence Under these
circumstances. Mr.. Holbert argued, the
law implies that Holada is so corrupt
and unworthy of belief that his EVIL
dence can not be received to establish
any fact so as to send 1t to the jury for
considerations