New-York tribune., 1911-03-17
JUDGE DISCHARGES RILEY
Evidence insufficient to Hold Him
for Nugent's Death.
ANOTHER BLOW FOR THAW
Testimony Of Galbraith, Riley's
Accuser, Nature Of Pure Com
edy at Poughkeepsic.

lGy Telegraph to Tho Tribune
fourhkeepsie. y. Y. March l6.-Thc case
of Tho People against Daniel Riley. an at
tendant at Mattoawan. accused 81 man
slaughter In connection with the death Of
iohn j. Nugent, Il patient a. the state
Hospital. fell fiat to-day. and County Judge
Hasbrouck presiding at tho courthouse
here. refused Ia hold the defendant for the
grand jury. Harry *. Thaw. with the aid
Of whose notebook District Attorney Mack
crcss-eyamined the principal witnesses for
the defence has in this ruling another dis
appointment 20 bear in connection with his
attempt to prove the authorities at Mat
teawan incompetent. and thus obtain ms
own release or transfer
George Gabraith a former attendant at
Mattcawan. who was complaining witness
against Riley. occupied all the morning
session and the greater part of the after
noon session rchoarsins his charges. on
cross-cxamination hy George Wood. attor-
ney for Riley. his testimony assumed the
nature OF pure comedy. The laughter IT
caused was not curbed once by Jud2e Has
hrouck. who apparently enjoyed IL all aS
much as any one else, and sustained the
reputation of DutchesS Justice for uncon-
yenionalty.
Under direct examination Galbraith re-
posted what he had said in the affidavit he
made to his lawyer John ]. Donnelly. OF
Fishkil. an affidavit he has since attompi-
ca To disown. Ills charges in brief we're
that on the nisnt Of Thursday. February
. Riley subduel NuGert nv janminS his
knees into the patients stomach while tho
latter was on his Lack. and IN this position
jumping on him with all his Ncishi. a gon-
tie attention called "knocIng. he also
testified that the night before Hiloy had
twisted pillow ease around Hugents neck
and used the strarsulaticu method or sub
lection. Nueeut was found dead in he'd on
Friday morning February B.
When the defence was not trying 10 dis
credit Galbraith as witness through IN.
own sro,esouo lapses Of memory. Il WIS
pointing to tho influence behind tho man
providing his motive for bringing tho
charges.
Wore YOU perfectly willing to come ~
here As witness was one qucrtlcn put
to him.
yes" rc answered.
"Ycu wanted TO como, didn't you
Yes"
Did Won ever peak 80 Harry Is Thsw 90
= neyer spoke To Mr.. Thsw in my hfc
"iIo sent you over some candy when you
were sick once. didn't her'
yes
DO you remombcr pas.Inz rhav IN the
Corridor once when you vero With Kelly.
another attendant. and Kollv's prc, "ntirs
THAI from ar-aking to You"
40 sir
And when Kelly in'orrosed. YOU remew.
tcr Thaw's saving &" him, wen he after
YOU nest. don't ycu?"
40 sir"
90 Won rememher showing 'nr'hufz.
trained nurse. ono lime when YOU and he
cere ehayire tcgether IN the corridor.
Soo hill which Won had taken from an on
velope which contained nothing else''
NO. sir
And come time later show inE snoiher
soh also received hy Won m an envelope
which contained nothing elee:"
40 sir"
Albert H. hpscbu'z. appearing later for
tho defence Ratiy ccutradi''ed th" batter
part Of this testimony telling in detail of
Prise when the drst ono arrived and his
lack Of suryr-c when ~" second followed
Anschu,z. Fdward Nseteu. another at
ierdant. aud Riley himself. all denied under
osih that the slightest Niol"nro h2d hoou
shown Nusen' on either Of Tho two night
imnodia,ely preceding MS death. or that
there had been any occasion Cor yioIfu"o.
IL GAS in the crof9-eyamin3tion of thc@N
three. all Of whom. besides Gslhrsith. had
attended ~usent that Nj. Mack used The
1oose leafcd memorandum book with
eather covers containing Thaw's notes.
There was something pathetic ~ his
farce which vas intensified by tho com
nera,iyolv excellent showing made on tho
stand nv two inmates of the Nsitea~sn
AsvIum. James Quinn and Joseph So"ry.
Quinn told lurid tale Of tho ln3icnlios hc
had suffered AZ the asVium, OF his aaud-
haeCing attendants in three attempts 20
escare and of the way IN which Galhrath.
tho complaining witness Wot EieD nad
punched Nuyent in tho stomach. He wound
IN hv requesting Judge Iiaehrouck TO order
pr. Baker 60 better his lot. Tho only in
terr,Iption he suffered came from an in
ohriatcd member of the audience, who,
when he heard tho town of Tonawan1a
mentioned asked him i'm a shout II h" knew
A doctor something or other there.
C;aIhraith will he arraicneG again to-da"
TO answer tc tho charge ~ dicohcyinE
eubpuna summoning him to court a week
ago
@-a,a,r-~~ o,IrO rAnrnNtIIR