New-York tribune., 1911-01-04
GALLAGHER TO FACE TRIAL
Jury Decides Gaynor's AsSailant
Responsible for His Crime.
ALleNISTS DO NOT AGREE
States Experts Say Prisoner Is
Shamming, and Others De-
clare He's a Paretic.

James ] Gallagher, VINO snof MaEcr Gay
nor. is sane and will be put on trial to-day
on one OF the three indictments returned
against him. The inquiry into his mental
condition occupied the entire dav vester-
dav in the Court Of over and Terriner az
Jersey CITY, and the Jury returned the
verdict that the would-be murderer was
conscious Of his crime ard should he tried
The hearing did not close until last even
ing. and the jury was out only fifteen
minutes Gallagher intentlv watched the
twelve Jurors as they returned 20 the box
and when the verdict vas rendered closed
his ewes and leaned back in his chair as If
Stimulating nap. He was silent when
taken hack 70 iail He will be tried to-day
for wounding William II Edwards. Com
missioner Of Street Cleaning, whose arm
was grazed with a bullet as he Jumped az
Gallagher 70 strike him down and save
the life OF the Mayor
The persistent rumor about the court
house and Jail had it that Gallagher was
insane. and the experts had so declared
and that the proceedings yesterday would
be merely formal. Il caused surprise when
the first alienist called, Or. Allan Nc
Lane Hamilton, stated tnat Gallagher has
been acting The witness said sham
ming" but Justice Swavze. who presided
objected 70 the word and "untruthful' was
substituted DR. Carlos F Macdonald. Tho
followed agreed with DR.. Hamilton that
Gallagher was acting
Exaggerated Physical inequalities
y deveIoned that Gallagher was in the
early stage Of locomotor ataxia DR.. Ham
nton testified that he had made four ex-
aninations Of Gallagher. three mental and
one physical, and found him in fair con
dition The witness made certain tests. he
said, that convinced him that Gallagher
was exaggerating his physical inequalities
that when asked 70 touch his nose he
touched his head and when requested 70
touch his ear he rested his fingers on his
shoulder. that his conversation and writ
ing showed no indication OF paresis. that
although he is in the first stage Of loco
motor ataxia. his mind is not affected
The witness said he was convinced from
Gallagher's statements that he knew what
he had done and the consequences In
nv opinion said DR.. Hamilton, he IS
legally and mentally sane
on cross-examination the witness was
asked II he had ever erred in his diagnosis
His replv was. We sre not infallible.'
Or Hamilton admitted that Gallagher
had told him that ne shot Mayor Gavnor
to purge the Dock Department and would
do Il again. and when asked II this did not
indicate a deranged mind the witness an
swered. 7 didn't believe him
Dr. Carlos r Macdonald testified that
he examined Gallagher thrice and reached
the opinion that hA was sane and fsigning
insanity.
Dr. John D McGnl, Of jersey city. de
clared that Gallagher is suffering from
medical insanity but not legal insanity.
and described the difference by saving that
the former is merely a variation from a
proper course Of thinking and the latter
total inability If thinking clearly on al
most anv subject.
The first witness called vas Abraham
Friel. OF Mott street. Manhattan. who was
timekeeper for the Park Department
when Gallagher was employed there Friel
was promptly dismissed from the stand, as
Gallagher's attorney objected m the wit
ness testifving 10 something at such a re-
mote period The question was whether the
prisoner is sane or insane now The court
sustained the objection. and Assistant
Prosecutor vickers. who conducted the ex-
animation II the states witnesses under
direction NJ Prosecutor Carven. after A
brief conference with his chief, called Or
Hamilton
DaoIaras prisoner P5re+ic
D. John Reilly Of Manhattan who vas
EMPLOYED bv the defence testified that
Gallagher is suffering from paresis that
his mental condition precludes his oonvers-
ing inteUiEentlv with his counsel. that
Gallagher had told him he did not need
LAWYER The witness said this exanina-
ton was rnads in accord with the Ais
reir1er method which calls for the removal
and examination II some n the spinal
fluid
on being cross examined hv Prosecutor
Garven the witness said he believed
Gallagher had been insane for six or seven
months He said he tested Gallagher. :
speech and memory, asked him 70 saw
truly rural" and around the ragged rock
the ragged rascal ran" and Gallagher could
not enUner4fA the ne Sall fNdT
Gallagher had an exaggerated idea II his
importance
Dr. William 7 Arlitz ~ HohokAn. stat
ed that Gallagher Is paretic ard lacks
psvchic balance. Dr Harry 4 Cotton. di-
rector Of the state Hospital Tor the In
sane. Al Trenton. vas On the stand two
hours He declared Gallagher a paretic
Or George Il Sexsmith, of Bavonne
testified that Gallagher is not rational
man. nut had reason sufficient 20 enable
him - confer with counsel about his case
DR. Robert Foster Kennedy gave 4 long
diagnosis. and his conclusion was that
Gallagher had locomotor atayia, bu, was
not a paretic.
Or Reilly vas recalled. and after Alex
ardar Simpson. Gallaghers lawyer made
trief plea that his client is insane the
i,,r~. retired ard quickly decided that
Gallagher IS mentally responsible for his
crime
LITTLE ROCK BLOCK BURNED