MAY BE A NEIGHBOR
TO "RILEY THE RAT."
WORKHOUSE FOR GALLAGHER IF
HE CAN'T PAY FINE.
Again Assessed $100 for Attacking
Reporter and Old Appeal Bond
Doesn't Hold -- Must Put
Up or Go to Jail.
For forcibly entering a room on July 15 last year in which Albert H. King, a reporter for The Journal, lay injured after being slugged by the defendant a week before, "Jack Gallagher, who says his name is John Francis Gallagher, was sentenced yesterday to pay a fine of $100, with court costs. The case was tried before a jury in Judge E. E. Porterfield's division of the criminal court, which was only a few minutes in making up its mind.
The visit made to Mr. King's room, which Gallagher stated on the stand "was just a friendly call," was made at 5 o'clock in the morning. He was arrested at the time, but by an oversight of an officer at the Walnut street station, who did not realize the gravity of the offense, Gallagher was released on bond of $11. He was no sooner out of the station two hours later than he returned immediately to Mr. King's room, and a second time tried to force an entrance. For this offense he is yet to be tried.
Gallagher was tried before a jury in Judge Ralph S. Latshaw's division of the criminal court last month for an assault committed on Mr. King July 8, last. On this occasion he was also fined $100 and costs, and given a stipulated time in which to pay the fine.
The grand jury found an indictment against Gallagher for the assault, and it was, therefore, a state charge. The case tried yesterday, and the one still pending, are appeals from the municipal court where he was fined for disturbing the peace. Gallagher spent nearly one month in the workhouse before bonds for an appeal could be perfected.
When the jury returned its verdict in Judge Porterfield's court yesterday, Gallagher was allowed to go, the court stating that the bond made by Judge William H. Wallace when the case was appealed, would remain in effect until the fine and costs were paid. Cliff Langsdale, city attorney, who h ad prosecuted the case, was not satisfied with this arrangement, however, and found a recent law which states plainly that when a person is fined in the criminal court, after having taken an appeal from the municipal court, he must settle the fine and costs at once, or be committed to the workhouse until such fine and costs are paid.
Judge Porterfield admitted that the recent law took precedence. An effort was made then to get a commitment from the criminal clerk consigning Gallagher to the workhouse until he had settled up with the court. The clerk's office was closed, however, so the commitment will be asked for first thing this morning.
