The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-09-21
NAY NOT NDICT GALLAGHER
en- ~ tT an ron CtRRiiNE
CDNCE arm w tPON.
.-I,..,. ~~a,Sr advises Grand .Iur, Ia 60
stow Berau,r Attach on Gayn"r Na)
Vet Prove = Nurrirr and Nssailant
uouId I.rt 0n " Presented far Less.

Net Prove = Wurtirr anu Ns~ahAh
would Grt 0n n Presented for Less.
r-r,,. Gallagher. the discharged
..... arrrrnyra who shot Mayor Gavnor
LINZ Ri Eiwtris on tho darN ~
,.,-ntn steamship m Hnhoken. may
a., rr. indicted ~ tho September t.rm
81 'rs Hudsnn county courts. which
l,.,r Yesterday a. th" result VI a charge
t,.,s-.i nr supreme Court Justice
r,4r...T S"tvln 10 tho new Grand jury
.- ...g 300 advised that no true hrll
... ,r.u. a. me present time unless IN"
..-s,.rp- IN Attendance upon IA" Mayor
can sts assurances that There - no
r....H.'v - the wound resulting in
d.,'r within a wear and day from the
,...s .' 'he assault
~.u-"uiuss the question of jurisdiction
Owe. rFau,"s committed upon vessel
a,..s q forsrgn nag "a our waters may
.-r>.'u' dtsicuiti-s. IN" Justice said
-t.r'.natelv IN the present case. no such
c.A7r..fv arises for tho Consular con-
,sur.pu 81 1871 hetWeeu IN" German
Fwvrrs and the Ouitet States Of America
recognizes tn" jurisdiction OF oar courts
vnara the acts on hoard ship are Of a
nature 20 disturb the peace and public
rdar n port or when persons other than
officers and crew OF IA" vessel are parties
t' %" disturbance
The difficult question that arises in the
ras. - not a. 10 Jurisdiction hut a. 10 the
durability ~ present action on your
,rrt We all rejoice that the assault
.pOn Mayor Glynor does not seem likely
- RESULT IN his death The wound IN
4icted however. was a dangerous one
and II ~ should result in death within
wear and q day from the time it was
Inflicted an indictment Tor murder would
- proper
IL present the prisoner could be
INDICTED Tor assault with intent to Kill
az ufsuCs of very much lower degree
10 some States II has been held that an
Indictment and conviction for assault
uier such circumstances I'D not pre-
r..te Subsequent Indictment for murder
Tbs precise question has never been
,~oSnntei in this State
\ Slinilar question however. arose
%'rre eighty wears ago whore man Was
-iIcied for arson in burning a dwelling
house and also for murder bscaus. a
human being IN the Dwelling house died
- the result IL the IRE The rms puer
vas tried and convicted for arson. and
y was then sought q hah ham for the
alleged murder He pleaded that he had
a.r"ady been clnvIrt"i ~ ia" same
a. the act q firing m" hU'ldInG and
cLuld not be again convicted or that
fence After full discussion the 81
creme Court sustained this vla1
do not sav that there may not ba
q >'inction between that case and tho
p-e-en'. hut in Wow of that ier-lru
= n" supreme Court ! strongly adVi-.
v'u not " End an Indictment Tor th.
assault upon Mayer Gaynor az the pr.-.r'
time unless the S3rR.srus IN attendance
,an assure YOU that thor" - no possibility
q the wound resulting ~ death within
. wear and day from IN" time of the
assault. IL YOU Ito find q bill AZ the pres
eg' term n would b" fnr assault with
intent - kali and 9 his Indictment
he prisoner might r'"li guilty and
n n subsequently bcHir" q iviSlble -
frdiCf for murder ~ would be ~, a f., .t-
ron to lnterDrsc Ui-I 'aHt ~ hal rl- .
-@ady haen crnNIC'ou f tho oct. and .
siIch a plea even II ~ -hru'i b." finally .
held not fo h" good. would raI-.. a doe
batable a. e=tIpn
You NAV ind.cj fnr an assault with /
intent - kill Nr Edwards. and { iro act I
~ assault upon him Was In rnf rely d. /.
tnct and ssparai" At from pa" at y F..
sssanIt UPON New "tvn"r ~ l"rh
ever. 49,. assault u,nu W iNnrl- ra-
orc and The san" iD' 80 'H, t--ir... ..I.....
Mayor 'iavupr 70 legal .,.H-'r,u rt...t
arise which tn. Culrt = trr. - and 4.
peals - this N'a'" iB~ h"-.''u'rr" -
presSly reserved and ha, nr' decided
In my judgment ~ ..u.~ Ctu' .uu 80. .
lures that you do not act hastily 100 'Li- .
ass No harm can cume from d"laN
ether 10 the prisoner pr 90 tr- ,arI-'- ~
'.phc Justice. and g - Inc pat OF 49,.
m 20 avoid a. Tar a, pusst'i.. an"
NrVif legal Question which might
Use A. ] have said. hpE'ser. n 'l. .
-l-geous in ATTENDING upon Nivp- CAV .
rsr can assure Won that her o.. rp u,rSei .
.''y ~ death result IUg from ~ sDt', .
-ft'T A year and "a DIV then vuu shout .
Srd '"o bills Of lnlIufn-u' against 49,. .
-"U"r. On" Tor assault uuuu Navur .
'avupr AMI the utn'. FOR 'ra a~-tu'f /
..,s.r Commission "r Edward.
! pIEht perhaps 20 rall v.Hr 4l. HUt .ru F.
D.. H" fact -Iggc-ied 10 m- ~ Hn' = my
f-.u'iaie- ~ The ruprrn" 'Dlu. 'ha' .
n" th.rf. or more years ago 20 'N" J
hsrH par - m" State one man was
-'.' by another. apparently recovered .
90 The wound a"d was uuf IN he II rect F.
..t ab'I' hrs business FOR -p'r" TIM
DID, -Ib-nVu"r'l died A. 10 result Il ne. .
f...ud and hi- a--ail7nt Wa indicted and .
'.si for murder such an int anos 80
- Odds r''iut 60 IA" canton winch 4
Er.- .E.-n goa
lh.re - however. anut her uT-u'"
'utUh the PRISONER may properly bs. ,
'-i - On" present TIM. He carried .
... liver, % must ha'" been ~ some time
s,ed ~ " about HI clothes ~ isr-
b. DID, md for this carrying ut a concealed .
20 o.. he j. tDdIctablT We're y MT .
.nIt' SIgg"-fHd 20 ~" som" v"1rs
Oh ano- hcr c.rIu.v should 'hiuk 20 ;
"--o~y - saw w"r- ~ IN" Sable" .
..I- fsrluo
..p toIb' Wa whofhe- ~" weapon
no 1aId 10 have t.eu concealed .
IN a. no On" saw u when ~ Wa
'.|"t ~ cuur-. n hIs were a real .
..v o. would ~ quI's Inpu--ihi" - /
any one 81 caTryYy concealed
Won Will haN" no trouble. ! /.
uferrinC that he weapon va,
.t.af O, there - evidence bsfur' vpu
.us 'r.re i VA not yl-lbl" ard az
... ..rl" - was actually used