Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-01-24
DEFENDANT TELLS
HIS OWN STORY
IN MURDER TRIAL
Reilly Declares Shooting of Gal
lagher at MerristOwn
Was Accident.
Especial to the Newark start

MORRISTOWN, Jan. 24.-'I didn't
intend to fire a second shot, 1t just
went off and / don't know what made
it," John o. Reilly, on trial for
the murder last October of his brother
in-law, Patrick Gallagher, at Mine Hill.
told the Judge and jury this morning.
The defendant had been put upon the
stand by his counsel, former Judge
william w. Cutler. Reilly told of sew
eral quarrels he had had during the
past five years with Gallagher, Who he
described as a big nan of nearly 200
pounds weight. Reilly Is a little fellow
Weighing about 100 pounds.
He told of having an accident in the
Baker mine twenty years ago, In which
his head was caught between a plank
and the pail of the bucket upon which
he was riding up the mine shaft.
The Defendants Story.
This had kept him from work for
two months. Reilly said he was up
stairs and he heard Gallagher out in
front of his house the day of h MUIR
der asking for his wife, who had come
to the Reilly home after a quarrel with
her husband the night before. He sent
his sister down to see her husband
n after q talk over honey matters
with her he heard Gallagher drive away
with his brother, James Reilly. TWO
hours later his brother and Gallagher
returned. and after an alteration be-
tween the two owe dinner there was
a fight between Gallagher and James
Reilly.
The defendant heard his sister cry
out don't hurt him. and heard Gal
lagher with an oath promise to "kicls
Jim to pieces" Gallagher went outside
the house and James got up and said
he would get Gallagher some day.
Gallagher retorted by asking James
to come out and he would kick him like
a football. After James had replied
that he would like to see him do it,
Gallagher shouted he would give him
twice as much as he had received al
ready.
Says Gallagher Threatened.
Gallagher began talking about me
then. and said he would get the two
of us. meaning my brother and my
self" said the witness. "He said I'll
finish you up anyhow, damn you ]
shot him. l was afraid he would come
into the house and kill u.s."
After he fred at Gallagher from the
upper window the latter walked away
and Reilly went downstairs with the
revolver in his hand. He followed his
brother James down the path to the
barn, where he had gone after Gal
lagher. He reached the two as James
was lifting up Gallagher to give him a
drink. Then the second shot was fired.
which caused Gallagher's death.
kelly said he had purchased the re-
volver a year before. when someone
had broken into his barn. He had
used it once before to shoot at q dog
which had bothered his chickens. After
the stcond shot he told OF going back
to the house, putting the re, Oliver back
under the pillow of his bed, where he
kept 1t, and then starting to go to
Wharton to give himself up to Mar
shall Macdonald. But HIS brother James
i~nterposed, he said, and told him to
wait. and the offio ers came from Dover
and took him away. Judge Cutler had
many witnesses to tell of the accident
to Reilly in the mine and how he was
OF a peaceful dispos tion. Several wit
nesses swore that he had been of Pc
culiar actions since the accident.