Note 458 — Chapter XXVIII · Dismissal of the Graft Cases.

The motives which prompted Gallagher to flee the city are among the undetermined elements of the graft cases. Perhaps recollection of his attempted assassination had something to do with it. It may be that the defense, which had done so many extraordinary things during the course of the graft trials, made it worth his while to go. Gallagher is known to have been plentifully supplied with money while he was away. An attempt was made to create the impression that agents of the Prosecution had been instrumental in getting Gallagher out of the State. But the attempt, while it confused the situation somewhat, was not taken seriously. When in August, 1911, Judge Lawlor dismissed the indictments against the alleged bribe-givers in the trolley case, he took occasion to say: “I am more convinced now than I was when these same motions were urged more than a year ago, that James L. Gallagher is remaining out of this jurisdiction for a specific purpose. The future will make that point entirely clear. When his importance as a witness in any of these so-called graft cases has ceased there is no doubt that James L. Gallagher will be again in our midst. If I were able to lay the responsibility for that situation upon any individual or set of individuals I repeat that appropriate proceedings would have been instituted to have the law redressed in that behalf.”

Judge Lawlor was right. After the dismissal of the graft cases Mr. Gallagher returned to San Francisco.

To the intimation of District Attorney Fickert that Gallagher left the State to embarrass the District Attorney’s administration, Judge Lawlor on one occasion said in an opinion: “That the former administration may have distrusted the official intentions of the District Attorney toward these indictments might be assumed from all the surrounding circumstances. But it does not seem probable that the former administration would induce a material and indispensable witness to leave the State and thereby make it easy for the District Attorney to secure a result which otherwise might entail serious embarrassment. So far as the showing is concerned there is no tangible proof tending to support the charge of the District Attorney, nor is there any proof which would justify such an inference.”