Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-01-04

~ ~ 49,
Carthy. but said. Tt isa true, but I do
not care to sign it"
from your long talk with Gala
CHER sal Mr. Simpson. didn't you
think the man wa unsolind mentally?'
Thinks Man sane.
No, not at all.' replied the witness.
Il talked with him for fully half an
hour after the conversation about the
written statement; he seemed all right
mentally. We spoke on many sub
jects."
Q.-'Didn't he seem to be proud Of
his act?"
YA.-"No, ] did not think So
Q.-"Didn't you know he had a law
yer?'
A.-"No. ] told him he need not say
anything, and warned him that il he
did 1t would be used against him, but
he said he wanted to make the state
mont"
Q.-"Didn't you suggest that he pro-
cure a lawyerP'
A.-"Why, no."
Over the objection of counsel the
statement in question wi BIS then read
70 the jury by Prosecutor Garven. The
statement has already btien made ia
miliar to the public, havi ng been pub
lished the day it was made. II recited
the grievances, real or ftkncied, which
Gallagher said he had experienced
while acting as Waterman in the dock
department. He said he ascribed his
troubles to Mayor Gaynoi's failure to
give heed to his petitiorls for relief
from prosecutions which resulted
finally in his discharge as Waterman.
''Then / read in the paI,ers," contin-
ued the statement, that Mayor Gay
nor was going abroad, and L thought
here's this man going on a vacation
while I'll have TO be a bum and sleep
on a park bench
Becomes Diseased BY Thought.
This thought preyed upon the mans
mind and he brooded over At until he
could stand the mental anguish no
longer and he decided. the statement
says. 10 kill the man who had become
to him the cause and embodiment OF
all his woes.
The statement contained an express
sion of regret over h shooting, par
ticularly the wounding of Commits
sioner Edwards.
This. the document concluded. was
entirely unintentiona1 and accidental
The revolver referred to in the docu-
ment was identified by witnesses.
The prosecutor snapped the trigger
several times. BE careful of that
said Justice Swayze. I'm afraid OF
revolvers V when they are not
loaded"
Thomas e. Mcmillan. a newspape re-
porter, who was present at the time OF
the shooting, testified that he took
away the revolver from Gallagher.
Takes Gun from Gallagher.
After Commissioner Edwards had
the man down." said Mr.. Mcmillan. Il
threw myself upon him. too, and TOOK
the pistol away from him. l was lying
across the commissioner and got my
finger under the trigger and worked
until I broke the gun
why, this gun does not break" ex-
claimed Mr.. Simpson.
And yet I'm sure l broke It," said
Mr.. Mcmillan, looking surprised.
IT guess your memory must be at
fault" said the lawyer.
MAY be- replied the reporter. but
I'm sure the barrel containing the cart
ridges dropped out
DR.. William J. Arlitg. of Hoboken,
who attended to Commissioner Ed
wards's wound was the last witness
for the prosecution. He testified that
II. was a superficial wound. not at all
dangerous, but that there was a bad
looking, though inoffensiye, smudge on
the arms caused by the revolyer's
fash.
The prosecution rested INT Mr..
Simpson moved that the case against
Gallagher be dismissed.
There was not any evidence" said
the lawyer, that Gallagher had any
intention TO shoot OF in any way in
tire Commissioner Edwards"
Recess Is Taken.
After citing a number of authorities,
Mr.. Simpson added that he would prob
ably rest the defense upon the motion
to dismiss and not call any witnesses.
He asked for a little tim to consult
with his associate, and a recess was
then taken for an hour, The trial
moved along with the traditional
rapidity of Jersey justice.
= THE court opened at 1890 a. m. BY
ii o'clock the jury-box was filled and
the first witness sworn. BY 1880 all
the dozen or so witnesses for the prose-
cution had given their testimony. both
on direct and cross-examination, and
the prosecution rested its case.
At the opening of the trial Mr.. Simp-
son moved that the Indictment be
quashed on the ground that Gallagher
had not been able to properly advise
counsel In the preparation Of the case.
This motion was ~overruled.
so you see there is method in the
course l am pursuing"
After recess the court oyerruled the
motion of Galagher's lawyers It'd ST.
miss. The court crier thereupon no.
tilted the witnesses they could depart
and counsel began summing up to the
Jury.
Mr.. Simpson, in a ten-minute ad-
dress. pointed out that in the hurley
hurley of the melee. when Gallagher lay
on the deck with Commissioner Ed
wards and MCMILLAN astride, the shot
was fired by the merest accident, and
could. therefore, not by any possibility,
be construed to have been intended for
the commissioner
During the recess Prosecutor Carver
was asked why he had put Gallagher
on trial on the comparatively trivial
charge Of assault upon Commissioner
Edwards instead of the really grave
one of attempting to assasslnate Mayor
Gaynor.
'For several reasons" replied Mr..
-.