The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-12-21
GALLAGHER NOT PUT ON TRIAL
o. EsTION az ms SANITY TO
ne TthEN IP FIRST.
Inquiry WIN Brxin On Jan. . and 70 Ne J.
Faun.i to he a rank lie WIN is~ >ent
10 q cray HOUSE His Counsel Win
Tr, To- Prove That hr u Insane.

Before another move II made in the
| prosecution Of james J Gallagher for m =
sault with intent to XIII in connection with
his attack upon Street Cleaning tommis-
sioner Edwards Of New Sork when the
latter nabbei him on the deck of Norfh
German Lloyd liner IN Hoboken on
| August . moment after he had shot
! Mayor Gaynor an inquiry will be made
in the Hudson county court Of Common
Pleas to determine the question Of Gal
lagh.r'. sanity supreme Court Justice
Francis j Swayz.. sitting with County
Judges John \ Hair and Robert Carey
IN Jersey City Yesterday. fixed January {:
~ the date for the inquiry Ia begin. IL |"
IL determined 10y "a Jury that Gallaghe-
il mentally un-ound h. will not lie placed
Oh trial. but will b- committed To an
asy llIm for the insane
Gallagher was taken from tn. county
Jail tn III. Court House yesterday. o~ten-
ebly To fac..th- music before a struck jury
for grazing Commissioner Edwards =
arm with "A bullet lie had carefully
dressed himself for the occasion. As
soon a. he seated himself in the court room
he put wad Of chewing gum in his mouth.
put ON his glasses and started To scan n
newspaper which somebody gave him
for news about the Gallagher case
The, prisoner wa- represented 10y Alex
andrr Simpson Of Jersey city and Samuel,
=. Jack totf Of New York city. Prosecutor
of IN. Pleas Pierre y Garven and As
si-tant Prosecutor George / NIcker-
went into conference with the Judges
before the court Opened and DIR. Allan
Mel Ian. Hamilton. the ali.ni-t who ex-
amin-i the defendant at the suggestion
Of friends Of Mayor Gaynor. was called
into Judges chambers.
When the three Magistrates took their
places on the bench Harry Lambert. clerk
Of the court read the. liz; OF struck jurors
empane lied for the cas-. and Prosecutor
Gary an then moved the trial Of Gallagher
under the indictment
Lawyer simpson -ntere,l formal OBJ
jeci ion On n. ground that Gallagher Was
insan. and presented "A petition asking
the court To inuuir. ~ 70 the sanity OF
IN. t.f.ndan, bcfnr. proceeding With IN.
trial He signed the petition himself
under tn. statutes II i'-S because Gal
lash-r has no living relatives.
Prosecutor Gar .n SAID that although
he was ready 10 pruCe'-h with IN" trial
under the indictment. ha WA nov pre-
parrt 10 prH't@S WIN 'iir 'ilal ' INV
SANITY II the defendant.
Mr. sinI.-o.l replied that while he was
ready To- 80 ahead with ,h.. insanity pro
cr,HiInRs. h.. wa- not prepared to x"
ahead with the trial
The Iudgrs hal conference ON the
h"rch ami MIR Sinpson handed up AMI
dcyirs made by Dr. John ! Reilly. IN
sanity "Npar' FOR the. defence. and 10y
DR. George II S.XsInlIh. an alienl-t for
tn" star, that Gallagher was mentally
uuSptInG
Supr.m. Court Justice S~ayzr an
noincei that - preliminary inquiry a.
10 the defendants sanity would be held
on January 3 sufficient evidence having
been presented - w1rrani -uCh an IN
,uirr Tn. Justice thanked the Jurors
for attending and directed them Ia REL urn
again On that date.
When the Gala CHER C.L-' comes mp
again Lawyer simpson will d-U"nd upon
the testimony Of hts experts 10 prove
thar the defendant IL mentally un-ound
end not ~ 'O ." placed on rial. J. he
ali.nI-'- .ngay c,i hv the state "a examine
Gallagher will also De placed On the W.T.
n.s- stand by Pr, =eCuiOr tiarven- no
matter what their conclusions a. 10 hts
sanity NAV br " H. lnk.iy Ihat the ISSUE,
- sanity will b- determined 10y twelve
IL IN" tal.-msn who w.r" SUMMONED 10
the court ON The struck JrS panel IL
ih.. Jury shOtild d-,tC,. that Gala Cher ~
MOI crazy "a. Prosecutor viii proceed i'm
in'-' lai-lS win IN" iriIl under IN" lt''IC'-
m.n' II il generally believed. however.
that SIMPSON viii he able 20 prov. that
his client - Cranl
Gallagher 'ulG hI- New York al ,OTu.y
before Yesterday proceedings began hat
b. -Nys-'t'sI Ia h.. abl. Ia eat ms Christ mas
dinner with friends m N-s lurk He
did not --,'n =" III. much dIs, uriat over
n. IiITu II things and h" FREE tlIrntY
shifted hi- hig. wa'"rv, light blue -'-e-
around ne court room. apparently anN-
iutI- 20 -e' u folks WERE looking AZ ham
II j. understood that Dr. Allan SICian.
Hamilton and DIR Clri,- Macdonald
ask.-i IN. c ,ur' YESTERDAY for aCidI' iona
time IN which to examine thu. prisoner All
III" alIeui-'- for both sides wer'' in court.