Note 378 — Chapter XXIII · The Defense Becomes Arrogant.

The attempt upon Gallagher’s life led the prosecution to take steps to secure his testimony in a form in which it could be used before a trial jury in the event of Gallagher’s death. Under the California law, testimony taken at a preliminary hearing can, in the event of the death or disability of a witness, be used at the trial of the case. After the Parkside case trial, Ruef was arrested on a charge of bribery and given a preliminary examination at which Gallagher testified against him. Gallagher’s testimony was thus made secure against poison or dynamite.