The San Francisco call., 1904-07-01
NON.COM INITIAL
VERDICT GIVEN
Conflicting Testimony in
the Gallagher Inquest
Before Coroner Leland
JURY UNABLE TO JUDGE
One Witness Intimates That
the Victim Might Have
Been Shot by a Friend

I'VE, the jury, find that the said An
thony Owen Gallagher came to his
death on June 25 1904 from a gunshot
wound in the head from a pistol in the
hands of colored man named James
H. Smith. Whether fired with criminal
intent or not the evidence is too con-
flictin-- for us to determine"
Such was the verdict returned by a
Coroner's jury yesterday afternoon in
the case of the union stableman who
was killed by James H. Smith, non
union negro stableman, in revolver
battle at the intersection of Post and
Polk streets.
Said Coroner Leland: 'I never heard
more peculiar evidence. Each witness
seemed to see the affair from a differ
ent standpoint. The evidence seems to
show that the shot which killed Gal
lagher was fired by Smith. / will ap-
prove the verdict as it stands
After a copy of the verdict had been
submitted to the District Attorney,
Judge Fritz issued warrant for the
arrest of James II. Smith and Arthur
Williams on the charge of murder. The
complaint was sworn to by Edward
Giblin. The charge was Immediately
booked against the prisoners
The evidence at the Coroner's inquest
was more than conflicting. There was
apparently rank perjury on one side or
the other. Union stablemen swore that
Smith had not been molested at all and
that Gallagher had his back turned to
the negro when the fatal shot was fired
BACIGALUIPPS EVIDENCE
Autopsy Surgeon Bacigalupi testified
that it would have been impossible for
the wound to have been made by Smith
if Gallagher had not been facing the
negro at the time the shot was fired.
The bullet entered, he said, about an
inch above the right ear and ranged
backward and downward, lodging
against the base of the skull on the left
side. Others testified that the two ne
groes were attacked by.a crowd Of un-
ion men and that a white man behind
post on Post street fired several shots
with revolver at Smith, Gallagher be-
ing between the shooter and the negro.
F. w. Ellis, a merchant at IVA Post
street testified that he heard a young
man say to two or three boys standing
on the corner of Post and Polk streets:
Hold on; keep out of that" referring
to the actions of crowd of men on
the opposite side of the street. He saw
six or eight men crossing Post street
diagOnaIly, following Smith and Will
liams. The crowd closed in on the ne
groes and there was an interchange of
blows and four pistol shots. The wit
ness saw Gallagher fall and another
man fall directly on top of him.. The
witness continued:
white man on Post street deliberately and.
I think maliciously fired several shots at
the negroes and then went I'D Post street
toward Van Ness avenue. At the time they
were attacked by the crowd the colOred men
were going along peaceably about their busi-
ness and walking fast. If trying 70 escape.
The man / spoke Of seemed to shoot into the
crowd. and the crowd very industriOusly
getting Of the way Gallagher was in
direct range of the shooting. GALLAGHER fell
after the first shot was fired by this
toward the two negroes. Gallagher being BE-
tween him and the negroes.