The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-19

ArRn ls-At the sitting Of the Court this morning
the District Attorney said that In the case OF M Cruise
the sherits officer who ordered to show cause
against contempt Of court, in demanding 10 from Mr.
North, juror to exempt him from serving as juror
Mr. North in additional affidavit states that he knows
the that attempted TO extor s. from him, and that
he informed him his name Cruise.
The affidavit of Mr. Cruise was then read IN wnich nc
the that the 2lst OF last
month he lame and unable to move about anu tnat
he employed man named Jo.eph l,ioo' " serve sne
Jury Summons that be- Cruise, never made sucn
dem and. and would scorn to 90 So = ,
The District Attorney said that Mr. North was IN court
ana had looked at Mr. Cruise who also present and he
saws be is not the man The matter against Mr. Cruise
therefore ends but the District Attorney took this oppor
tunity stating that person but sworn deputy OF
the sheriff. acting the obligation Of oath that
binds sheriff has right to serve jury notices and
that he should them personally on person Of
The order was then discharged.
Patrick S Fitzgerald then placed at the bar charged
with the murder Of Margaret Fitzgerald his vile by
shooting her with pistol the right side of the head
the nth January, 1853 The prisoner is native of
Ireland and ~ years OF age.
After several challenges the part of the prisoner,
and jurors being for conscientious scruples
to which fizgerads counsel objected the following
9has Cook lsth ward IL a Ayrss , 18th ward
s. Elisha Hallar, 9th ward Denis Maaion, LIST ward
4 VIM. Clark, Sd ward. 10. j. Cristadoro, 9Th ward
Jos 7 Craig, 10th ward. II. J. Paisley 10Th ward,
6 W. H. Breeden % ward. IL. j. Guthrie Goth ward
The District Attorney then briefly stated to
the and jury He said that the 18th of January
last Of the of this city called on TO hold
inquest the body Of female, lying dead in No ASS
Third The evidence that inqaest estabs bed
these iacthat the BODY Of the deceased was Margaret
Fitzgerald wife of Patrick Fitzgerald the prisoner at the
bar the 18th OF January she to her death
by pistol shot wound which pistol disc oargfd by
her husband 1t appeared that the DAY previous 10
her dea III tue prisoner had malreasd his we that she
sought refuge in the house Of neghhor that about nine
O'Clock on the following morning noise was heard in
at the back Of the store occupied bv Fitzgerald
Tor help heard, which followed oy the
shot Of pistol the prisoner aftersards coming
out Of entry ooor and the found lying
on "a arrested.
in his coat pocket found double barreiled pistol
one Of whic barrels was discharged and the other still
oaG,d. The evidence at the inquest clearly liked The
guilt the prisoner aad 1t viii be for the jury here 10
say how far The guilt Of tne prisoner l. e aoshed The
homicide has been committed, and the burtheu rests
upon the prisoner account for the transact GA The
statute provides that if any person takes the life OF ano
theI with premedated design 1t is murder; and FEAR
that this CRIME comes within that statute nope, as
and public officer, that the defence may show
something relieve the prisoner from the guilt Cf the
crime with which he stands charged
Mary Hardy examined BY District Attorney; deposed-
That she is wife OF Edward Hardy in January last lived
at Ae6 lhud avenue; knew Mrs Fitzgerald about two
years; she lived at 43S Third avenue; | always under
stood her be the wife OF the prisoner the prisoner had
been carman, he was following thing at the
tire OF his wfes death they occupied the lower store;
Mrs Fitzgerald kept grocery store there was door
between the store and the back room on the Saturday
night previous to Fzgeralds death she my
house about half past clock -Ls stayed about fifteen
minutes and returned again IL fifteen minutes aad re
NAMED all night she had sun bonnet she went cat on
spndsy mo Mig before was up she returned again oe
eight and nine morning. saw her again on
Sunday afternoon she had sun bonnet and DARK mefup
drees; she all night left Monday morning.
did her again unL the day she buried about
four hours alter he lett my house Monday morning,
heard she dead, never the prisoner strhe his
wife him take hold OF her by the hair of the back
part of the head little before Christmas,
Mr. A. A. Phillips objected 10 evidence of the prisoners
treatment of his wife anterior to the alleged offence
and the question thong aered, not insisted on
Cross.exawined by Mr. Pamer.-I met Mrs. Fitzgerald
with before dark she sitting at the fire when
went in don't know how long she had been there; l
did any refreshments there think there
they caHed Mrs Roach there also
Margaret Cashen deposed-My husband is Philip
Cashen lived in the house with Mrs. Fitzgerald in
January last, at 4SS Third avenue occupied the back
up stairs Fitzgerald wife lived in the right
under Ihaa known her about six months; recoect
the day she killed was up stairs and heard
noise; came down stairs; heard the woman holoa
very loud could not hear what she said and stood at
the door and heard the woman holloa for help
Patrick Dolan ccme out Of the yard; the next
heard the shooting; took my pail threw the
cut and saw John Roach and Patrick Dolan out Of
the entry; came back and Fitzgerald out with
his hand in his pocket and hat Roach asked him.
Where is our Wife the prisoner said nothing the first
time Roach said, You shot her. the prisoner said
she il hall dead Roach ana into the and
Mrs. Fitzgerald lying the ere place her back
ard side and two siop pals under her head she was
it and the other coal ashes they standing upright
turn ed over this about ten O'Clock in the
ing saw the prisoner With in h hand couple
Of nor tbs before that saw him vita the axe on the
day before she VAS killed heard her holoa and saw
hi chase her with an axe in his hand Mr Fitzgerald
out 10 neighooring store, this on Sunday, the
day before SIZE was killed
Cross examined by Mr. Pbinips-MIs Fitzgerald did
sell drink never was in her back before the
ing she killed 1t Dolans store deceased into
the morning the prif oner chase her with tho
il Was about the time people going 10 church
Francis Connerty deposed--fn January last lived in
East Sixteenth street worked in Thirty third street Mt
that time; was on my way home heard screaming
] coming by the second door from the corner of
Thirty sixth street it appeared to be female voice. the
next heard what thought the report Of pistol
shot stepped backward locked in and shut
the door of the back leading INFO the store did not
pass any remarks on the never him before;
walked on to street and two men came by
shortly aftersard with the prisoner Iwent back the
place where heard the pistol shot and there saw the
bgdy Of the deceae
second street. between Third and Lexington avenues
January last; was in the store the morning Mrs Fitz
gerald killed; when first went in there per-
in IL fitzgerald locking at me through the back
door; he asked me what wanted and said coal; and
he said lie couldn't give it Ior he hadn't it; got coal
elsev here and while Lighting my fire. heard Mrs. Fitz
gerald killed. went to her store and her lying
between the stove and the bed
Cross.examined-Dd not Mrs. fitzgerald when
went TO the store in the morning diagram produced
This is correct saw her fifteen twenty minutes after
she shot.
Michael Dolan deposed--I lived ut 400 Third avenue in
January last; knew fitzgerald and his WIFE heard she
killed, and went 10 her store the back door
closed, and looked through the door and the pri
walking about and buttoning his coat asked him
what he had been doing and he said Nothing asked
him where his wife, and he said, There she is,
dead she lay two pals the manepece her
head from the bed then took Fitzgerald to the sta
ton mouse; told him he shot his WIFE and would De
hanged for and he said, All ia over, them; de-
ceasedth. morning five minutes before she shot, she
in my back room che appeared in trouble-down-
hearted my wife gave her cup of tea: my ba tx
opposite hers; she from Al to SO years of age
she healthy woman she not very steady in her
habits.
Cross examinedI kept wholesale liquor store at that
time heard Of poultry being stolen from Fitzge
raid few weeks before often heard7Mrs Fitzgerald say
her husband had pistol he to have had rattle
al his house that day; Mrs. +. drinking woman;
saw her drunk in my back room week before she was
killed she drank glass of beer she often to
store and carried away drink in glass sometimes she
would get gill she came two three times day;
her under the influence of liquor about three weeks be-
fore her act wrong she quick tempered;
them quarrel.
To the District Attorney never heard the prisoner
threaten to kill his wife, but have heard him threat
| to her she was very attentive woman she sober
| the day before her death
To Mr.. Phillips-She down hearted the morning
| before
Mrs. Hardy recaed-Deceased sober when at my
house Saturday and Sunday night. she sober
Monday morning for he had just got out OF her bed.
Patrick Dolan deposedHe lived in 400 Third avenue in
January last knew Mrs Fitzgerald; com ny out
Of the back room the morning she shot heard her
obout 6vet insa I IN he hazel rI