The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1911-01-31
REILLY GETS
TWELVE YEARS
Slayer Of Brother r-in-Law Con-
Vleted In Second Degree.

It took the jury one and one-half
hoCrs to reach decision in the trial
Tor murder of John Reilly, of Mine
Till, on Tuesday. A verdict was re-
turned of guilty of murder in the Sec
ond degree, with a recommendation
for mercy, and Supreme Court .Jus-
lice Charles w. Parker sentenced
lteilly to twelve years in state prison
Reilly killed his brother-in-law. Pat
rick Gallagher, on Sunday, October
20. 1910. Gallagher and his wife had
had various alterations and Mrs.
Gallagher had left him and had come
TO the Reilly home the night before
the murder. Gallagher followed the
next day. He had quarrel with
James Reilly, brother of the defend
ant, which led to fisticuffs. Reilly
was worsted in the fight and was
washing the blood from his face while
| Gallagher walked out into the ward
John Reilly was in his room on the
second floor of the house.
The window was open and he heard
Gallagher threaten his brother and fl
naliy say that he would come in the
house and do up the both of them.
John Reilly got revolver from
Under the pillow on his bed and go
ing to the window shot Gallagher in
the left arm as the latter was in the
doorway of the house.
Gallagher walked out into the or
ehard near by and was followed by
James Reilly. Gallagher felt faint
and laid down upon the ground. James
reilly was just about to give him a
drink of water and was in the act of
! raising Gallagher's head from the
ground when John Reilly, who had
come down from his room and fol-
lowed the two men to the orchard
fired shot into Gallagher's head
Reilly on the stand swore that he
did not know how the second shot
was fired and that he had not in
tended to fire again. He then went
back to the house and waited until
the officers came after him.
Evidence was offered by former
Judge Willard w. Cutler, as counsel
for Reilly, to show that twenty years
ago he had suffered an accident in
the Baker mine at which time his
head was crushed and several wit
| ha+
had since acted queerly.
Prosecutor Charles A. Rathbun had
at hand Dr. Brittan D. Evans and
DR.. James B. Griswold to testify to
4eilly's sanity but neither was put
on the stand, as the prosecutor did
not consider the evidence strong
enough as offered by Judge Cutler
to warrant it.
Reilly's principle defense was that
he shot Gallagher in self defense, as
serting that he was afraid of him and
that if he had not shot Gallagher, the
latter would have killed him. That
the men had all been drinking was
also brought out during the trial.
Justice Charles w. Parker's charge
was strong for verdict of guilty in
the first degree and it was said that
on Monday morning when the trial be
gan the prosecutor was willing to ac-
cept a plea of guilty in the second
l degree but the justice would not con-
sent to it.
Reilly was greatly pleased with the
3 verdict and when Judge Cutler smiled
4 at him after the pronouncement by
: the foreman of the jury he returned
5 the smile.
There was long conference be-
tween Justice Parker and Judge ALFRED
: Elmer Mills, who sat with Justice
Parker during the trial, before the
a sentence was pronounced
. After receiving the verdict of sec.
7 ond degree murder Justice Parker as.
S serted the verdict to be illogical and
2 it was with much surprise that
he was heard to give Reilly only
twelve years
The members of the jury were as
, follows--
: Joseph A. Brown, of Brookside
foreman; Frank M. Boyer, Netcong;
Samuel B. Libby, Rockaway; Charles
Renshaw, Montville; D. Elmer Ro-
mine, Morristown; Edward Pulls, Mil
ton: Thomas Demarest, Mt. Freedom
bryant Norman, Milton; Walter HUI
bert, Mt. Freedom; Judson DeBow,
Pompton Plains; Joseph C. Orr, Rock
away; Frank l.. Kanouse, Power
Vile.
Herman Bleucher, of this town, not
being satisfied with verdict for S175
damages against him, took the case
cn appeal before Judge Alfred Elmer
Mills. Elizabeth C. Deyager had sued
Bleucher before Justice Lewis G..
l1yerson, of Pompton Plains, for remu
GRAFTON as the result of being run
down by Bleucher in his automobile
while she was alighting from a trolley
car in Passaic. The Justice allowed
the plaintiff $175 but the jury which
tried the case on appeal added $5 to
that amount, giving Mrs. Deyager SIS