The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-28
The Wife Murders.
SENTENCE OF EXECUTION ON FITZGERALD AND
EEARY.
COURT or OYER AND TERMIsEa.

NEARY.
COURT OYER AND rfRhisER.
Hon Judge Edwards and AID Peek and Dohery presiding
Arn 27.-The Court this morning was densey crowded
in every part persons anxious TO witness the solemn
scene that about be enacedhe sentence Of two
men to execution, for the murder Of their wives
Fitzgerald looked do sAcast and serious Occasionally
he would his head and look with eagerness towards
the bench his eyes twinkling with restessness and
anxiety.
Neary exhibited the isess manner and apparent
indifference to his awful fate that marked his bearing
throughout the trial
THE SENTENCE ON THOMAS NEARY
The District Attorney {Ar sl9nt) rose and said
May please the Court move for judgment of the Court
in the Of Thomas Neary convicted of the murder Of
his wife.
The Clerk (Mr Henry vandervoort) then in the usual
FORM asked the prisoner what he had to say why
of death and execution thereon should not be passed
upon him.
The pr oner made no reply but his counsel Mr.. Morri
SON. proceeding to state that the evidence showed
that the prisoner not Of sound mind and that the
Jury by their recommendation mercy, clearly evinced
a desire that the prisoners life should be spared.
The Judge said the observations Of counsel out OF
place. We have taken that into consideration.
Mr. Morrkon's desire was that the Court in sentencing
would extend the time for execution to the longest period
allowed by the law that application could be made IN
the proper quarter for the communication OF his sentence
The Judge them in addressing the prisoner, said
Thomas Neary, you were indicted for the murder Of
partial jury, you found guilty You had the SER
vices Of faithful and able counsel and everything that
ingenuity could suggest urged in your behalf but
your defence wholly failed The crime Of which you have
been convicted attended with circumstances OF
liar atrocity Your victim was the wife whom you were
bound to protect she the mother OF your children
and there in evidence that she never treated other
wise than with kindness. The last expressions which
she uttered to the friends who visited you the
evening previous to the fatal event showed that she
felt q sOlcitude for your welfare. But for some
motive which is beyond power TO discover after
you had retired to rest rose in the darkness OF mid
night, and commenced attack upon her which showed
that you had the deliberate design to take her life.
When you were for moment checked in your desperate
purpose by the cries of your children instead Of being
brought to OF your duty senced those cries
BY threats and renewed your violence. The testimony
given upon the trial showed that for many years you had
been man Of incorporate habits. BY the lorg indul
rence Of your appetite YOU had TO great extent inca
FACILITATED yourself for labor and only unit for
your extraordinary conduct by supposing that your
moral sense had become perverted as your mental and
ply steal powers had bect weakened. When you
arrested by the officers of the police you we're in the full
pos session your faculties and you expressed entire
consciousness Of your guilt and what is more remarka
BILE you expressed regre for what you had done But
trust that in the short time which is allotted TO you
to i've, you VIII become penitent as you have been
seventeenth day of June next be hanged by the neck
till you be dead And may God have mercyop your soul
The prisoner did not utter word but bowed his head,
as if nwardly say ing "Amen.o
The clerk then read tie death warrant and han ded it
TO Mr. Orsr, the Sheriff
SENTENCE ON PATRICK FITZGERALD.
The District Attorney moved the judgment OF the
Court on Patrick Fitzgerald also convicted for the muir
Mr. A. A. Phillips Judge elect said: /" If the Court
please the prisoner Tor whom appear has no further
answer to make than, through his counsel 70 state
although he is that his statement will not affect
the judgment of the Cour-that the pistol was in her
hand during the struggle in the course of which it
discharged ana that he had not the remoest intention OF
taking her life."
The Judge then, addressing the prisoner, said-Pat.
rick Fitzgerald you Also convicted Of the murde,
that you had not been happy in your domestic fe You
and the deceased had frequent and angry quarres Like