On the fifth day of the trial, Gallagher, the informer, was placed on the witness stand and repeated the narrative embodied in his previously published confession, with some new embellishments. In describing his first interview with Dempsey, Gallagher said:
"When we entered Dempsey's office a lady who was present retired; the door was then locked; we sat down; Beatty said to Dempsey: 'These are the two men;' we talked about the weather for a few minutes after which Dempsey said to me and Mr. Davidson: 'I suppose you know what we want?' We said we knew a little about it. Dempsey then said: 'Well, we want to get the men in the Homestead mill on the trot.' Beatty then spoke about using croton oil. Davidson and I said we wouldn't use it. Dempsey then spoke about breaking a street car strike in Chicago—the State street strike. He said powders had been used; that if we would use these powders in the Homestead mill it would make the men sick and that we could break the strike in about ten days."
Gallagher also swore that Beatty's trip to Cincinnati was for the purpose of getting two more cooks to finish the poisoning job. Dempsey had subsequently shown him a dispatch from Cincinnati, which read, "Two good agents on the road." When witness went to work in the mill the second time two cooks came from Cincinnati. They were Tony Gilfoil and William Coleman. Witness took them to a hotel and paid their bills; but was warned by Dempsey not to let the new comers know of his (Dempsey's) connection with the plot.
Gallagher further deposed that, after leaving the mill finally, he had, in the presence of Davidson, presented a bill to Dempsey, which the latter O.K'd. He had also signed a receipt for $25, which Dempsey gave him in the dispatcher's office of the Citizens' Traction Line. The bill marked "O.K." was identified and offered in evidence.
Attorney Marshall subjected Gallagher to a trying cross-examination but without impairing his testimony.
J. M. Davidson repeated in court the evidence given by him at the Beatty hearing.
George W. Crail, dispatcher of the Citizens' Traction Line, corroborated Gallagher's statement as to the receipt of $25 from Dempsey. Dempsey, the witness claimed, came into his office and said: "Crail, if a man comes in here and asks if I left anything for him, give him this money."
The death of L. B. Hebron from sickness contracted in the mill was attested by the mother and brother of the deceased, and Captain A. E. Hunt, of the Pittsburgh Testing Laboratory, then stated the result of an analysis of sick bed accumulations furnished him by Mrs. Hebron. The analysis showed the presence of croton oil and arsenic.
J. D. Flynn, manager of the Western Union Telegraph Company in Pittsburgh, produced a copy of a telegram sent to Dempsey from Cincinnati, on September 26. It read: "Send me $20; in a pinch; two good agents on the road.—Beatty." It was shown by a messenger boy that the telegram was delivered to a man in Dempsey's office, who signed for it.
Thomas M. Marshall, Esq., made the opening speech for the defense, the principal points set forth in which were, (1) That the sickness in the Homestead mill was merely incident to an epidemic from which soldiers and others outside the mill were suffering, and (2) That the men sent into the mill by Dempsey and paid for their services were detailed by Dempsey as scouts.