The evening world., 1911-01-03
DrS. Hamilton, MacD Donald and
McGill Testify That Gal
lagher Is Competent.
INSANE, THE SAY
Jury Must Pass on Prisoners
Mental State Before Real
Trial Begins.

80 h'~'tN III Nv NolEf
OF oyer and Terminer under an indict.
ment for felonious assault. This ind,ct.
ment is based upon his attack on Stree,
Cleaning Commissioners Edwards. follow.
Ing the shooting OF the Mayor.
The trial got under way with thu
CELEBRITY that marks the course of Jer.
sey justice in criminal cases. Public
Prosecutor Pierce i. Garven and his
assistants handled the case for thu
state. Alexander Simpson acted as chic,
counsel for the defense.
Justice Swayze ruled that, acting un-
der the common law code, the issue
OF G~allagher's mental capacity should
first be tested. A jury was chosen and
Or. Allan McLane Hamilton was put
on the stand as the States first expert
witness
Says He Is Shammino.
DR.. Hamilton said he had made four
examinations Of Gallagher during the
last week OF December at the Jersey
City jail.
II found In my physical examination,
he said, that, considering his age. he
was In fair condition. i made GER
tain tests which indicated to me
that he was shamming, In other
words, that he was exagger-
ating his physical inequalities. For
example. when ! called on him 10 touch
he tip Of his nose or the lobe OF his
ear with his forefnger he went so
wild as to touch his shoulder or the
top of his head. His answers to nv
questions were sane inc normal. He
wrote fairly well and he used long
words, readily. In short, 1 would say
that he has no symptoms OF paresis.
although he Is n the first stage OF 10.
comotor ataxia. He convinced me by
his statements that he knew what he
had done and knew the consequences.
In my opinion he is q SANE man. legally
sane and sane also from the medical
standpoint" .,aHhn
Simpson. that he shot Mayor Gaynor
because he wanted to purge the Dock
Department, and that II he had II to do
over again he would behave as he had
done before?"
Yes" said DR.. Hamilton. ''he said
that, but | believed him to be posing
Believes He ls Sane.
Did he tell you that 81. Mary's Hos
pital had received a lot of money as a
result Of the shooting and that the
papers were full. of Gaynor and yet not
"A word was printed about poor old Gal
lagher, who was really responsible for
II all?"
HE did" said the witness. He said
that to me on my first visit. At that
time I believed him to be mentally de-
~fective. but subsequently, | became grad
uaily convinced that no was sane and
that he was telling me deliberate and
studied f~alsehoods with a view to de-
ceiving me-"
Or. Hamilton said Gallagher told him
he had been called the Daniel O'Con-
nell of the Docks" but Gallagher mod
estly added that this was like compar-
Ing a mouse to an elephant.
DR.. Carlos r. Macdonald. the other
New Yorker who was asked by Mayor
Gaynor's advisers to examine Gal
lagher. was Inc mex witness. DR.. Mac
Donald had made three visits to Gal
lagher in Jail.
Thinks He 10 Sane.
~ have studied the defendant here
In this courtroom" went on DR.. Mac
Donald. II am satisfied that he has a
reasonable understanding OF what Is
going on abou him, and that he
properly appreciates his position, lie
undoubtedly has locomotor ataxia In
It's incipiency. but he Is not u paretic,
In my opinion, and l regard him as O
ane person"
DR.. Macdonald recounted several
things which convinced him that Gal.
laRher was shamming.
"If we purposely suggested some i'm.
xnooihla or rtltc,lntta raaptal ar physiNol
abnormality he would instantly fall into
the trap and agree with rs that he was
30 afflicted said Or. Macdonald. III
was plain to me hat he was eager "a
assent to any suggestion from us which
might have convinced a layman that he
was IA victim OF decisions. A real
lunatic usually the suggestion
that he is razy. Mr.. Gallagher was In
n receptive mood to welcome any such
idea"
DR.. John ID. McGill OF Jersey City,
succeeded DR.. Macdonald on the wit.
ness tand.
II think said Mr.. McGill, that the
prisoner understands the nature OF these
proceedings and has sufficient mentality
to confer with his lawyers. am sure
he can discriminate between right and
wrong"
Changed His View.
on cross-exNntnatlon by Mr., Simpson
Dir. Mcanl admitted that two week,
ago he might have told Mr.. Simpson
privately that Gallagher's sense OF
ethical Judgement had been destroyed
but he had given the case more study
and had modified his Views.
Medically. | stlll think the man |,
insane continued the physician, buI
legally / regard him as responsible"
Didn't you alter YOU opinion In thi'
case after Dr. Hamilton and DR., Mac
Donald came into consultation" asked
Mr., Simpson.
DIR, McGill didn't think so, He WASN'T
sure. but thought he was In process OF
changing his mind before the appear
nce Of the two distinguished alienists
from New York.
Mr., simpson made the badgered DIR
McGill own up that he thought Gala
CHER had decisions to the effect thai
he had don a meritorious deed anc
should be acquitted without putting II
any defense. Yet even though harbor'
ing that deluslon. he thought Gallaghei
was competent to confer with his law
ysrs.