New-York tribune., 1910-08-12
GRAND Jury DEFERS
ACTION ON GALLAGHER
Court Holds Step Now Might
Bar indictment for Murder
if Mayor Dies.
TO AWAIT RESULT OF INJURY
Letters in Case Taken to Jersey
City for Evidence at Trial
Prisoner Now Re-
pentant.

pentant
| Pursuant to the advice of Justice Swayze
| 10 the grand jury which convened before
| him in the Hudson County Supreme Court
| yesterday, the New Jersey authorities will
not seek indictment against James j.
Gallagher. the would-be murderer of Mayor
Gaynor. until the result OF the Mayors
injury is definitely known one way the
other
1t was decided also to defer seeking an
indictment for assault on Street CommiS
sioner Edwards until after disposal of the
Mayors case Justice Swayze pointed out
tc the grand jury that if Gallagher were
indicted now for assault with intent to
kill and pleaded guilty to the indictment
it would bar a subsequent Indictment for
r7urder in the event of Mayor Gaynor's
death.
1T may be week. il may be A month
or more, before we take up GaIIagher's
case. said Assistant County Prosecutor
Mccarthy yesterday after Judge Swayze's
charge to the grand jury. Justice
Swayze apparently holds rs in error in
our belief that the Jersey law would al
low us to convict Gallagher of assault
and try him again for murder if the Mayor
should die any time within {, year and a
day from the time he was shot. Inasmuch
We have Gallagher in jail and the
Mayors condition appears fayora bic there
is no necessity for haste. If the Mayors
condito on remains In doubt for long time
we can hold Gallagher In jail awaiting
the outcome
However, no time will be lost in the
preparation of the case. When the time
comes to take action the evidence will
all be In shape and the expedition and
certainty of Jersey justice will again be
shown"
Discusses Case at Length.
The Hudson County Grand Jury has
been held over during the summer to con-
slider the so-called school fraud cases
When it assembled yesterday morning
Justice Swayze had on the bench with him
Judge John Il Blair. of the Court of oyer
and Terminer, and Judge Robert Carey,
of the Court of Common Pleas Justice
Swayze said:
Gentlemen of The Grand Jury: The
thought which is uppermost in your minds
and In mine is that suggested by the shock
ing attempt on Tuesday to assassinate
Mayor Gaynor. The temptation in such
cases TO act speedily is great. but Justice
requires US to avoid haste in u case like
this and to refrain from action until the
final result of the injuries is ascertaiued
for, If the result should he death. the in
dictment ought to be for murder and =
premature indictment before the ultimate
result of the wound is ascertained might
interfere with an indictment for the higher
offence, as a conviction for the lesser of
fence would bar conviction for the
greater.
My associates this morning have also
called my attention to the fact that if YOU
should indict the assailant of Mayor Gay
nor for assault with intent TO kill or
atrocious assault, which is all for which at
I,n ha irdi ta1 Ia 10
within his power To plead guilty to that in
dictment. and that plea of guilty would
bar subsequent indictment for murder
He would be entitled to give bail upon
an indictment of that character. whereas
now he is held without bail. You will,
therefore, see the Importance of taking no
step at present.
Unless. therefore. what we all trust and
hope may he averted shall happen during
the course of your deiberatiOn. YOU ought
to take no action. If, however our hopes
should be disappointed and death should
result, it would be your duty. upon the evf-
dence TO be submitted to you by the prose-
cutor to indict the assailant of Mayor
Gaynor for murder
For, although for certain purposes the
the waters of the Hudson River under the
treaty of New York and New Jersey, this
state has exclusive jurisdiction of and over
all vessels fastened to any wharf or dock
on our shores, and the jurisdiction OF the
State of New Jersey is to be properly eX- |
ercised by this court and the grand jury of
this county.
John Purroy Mitchell. the acting Mayor:
Police Commissioner Baker, William B. !
MeIonev. Mayor Gaynor's executive secre- |
tary. and Lieutenant William Kennel from
the Mayors office, went to Jersey City in
an automobile yesterday afternoon and !
conferred with Assistant Prosecutors Nc
Carthy and Vickers. They carried the let
ters which Gallagher had written to Mayor
nISo cnroia 4 lot
ters which Secretary Adamson had written
to Gallagher in reply. The letters will
probably be used as evidence in case Cal
Iagher goes to trial Mr.. Mitchell told the
New Jersey prosecutors that it would un-
doubtedly be Mayor Gaynor's wish thar
Gallagher should he treated as any other
prisoner. and that he would not desire the
New York authorities to be placed in the
light of prosecuting the prisoner.
Tells Keepers He Is Sorry.
Gallagher's guards at the county Jail said
yesterday that he slept little the night
before. He was up pacing his cell and
smoking a good part of the night. they said.
Yesterday morning he in repentant
mood and told his keepers that he was
sorry for what he had done and had not
planned the shooting of
Msvor Gaynor He had done it i'm
pulse. he said, when he thought it the
only way he could get justice.
Alexander Simpson. well known Jersey
CITY criminal lawyer. was engaged yester-
dav TO look after Gallagher's interests.
Simoson is considered a belligerent and re-
fighter. He defended Whitmore,
who was accused Of numbering his wife in
the swamp between Jersey City and New
ark The Jury disagreed at the first trial
and acquitted Whitmore al the second. Ac-
by Samuel p. JaCktoft. one of
C,allaghers lawyers. and Dr. +. STYLES Pot
ter OF this city, Mr. Simpson called on
Gala CHER at the jail yesterday afternoon.
DR.. Potter went at the request of Mr..
Jacktoff to examine Gallagher as TO his
mental condition. He said afterward he in
tended to visit the prisoner again with
ot her physicians before he would report s
Oh the case. After Mr. Simpson his
client he said that Gallagher appeared to
be a tottering. broken old man and ire
sponsible mentally
Wants Mind Examined.
Whether Gallagher is sufficiently insane
legally to avoid the responsibility Of his act,
l. OF course, do not know he said. THAT
:,lippiStS u determine " in |