New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-19

tfos asked her TO have cup OF yea ou. sns
wouS NO, never her IN my , ,be entry had bean
day forenoon IN "a and his wife fghtng know mo
lold ma, VA ~ him that Sunday morning. mn .ao..
Doans store and also ss~ 0ners While they were quarrel
on Sunday Re hall from Dolans after we were 10
hs u, beSri some time before OF P.e ,aLsn
been broken III ' 5 him call her hard names before ts
Drcrf-iiSSc Learreling two three months oe,9re
INN, JlgihcrsfoHc, sworn-" Ca F;,zgerald had slot
store Patrick Doan ran n a F,zcraId was in the back
Ms Wiz , Ne toward the door buuonlng ~ oss
b nIs ssked him what he had oeI ~; 49, bs .s;d
rotbipp-. then ON asking him wi ,. as
vino there dead he had his IA ess WIS taken
Mr. Palmer opened the case Tor l had given an
TO the fact that the counse 70 ont fee for defend
etl I L, , his property and gone away ara IT, ~, pe
sni nel had been assigned by the ~, IN tbe sruS
Q, 'ne defence r va There was motive jealousy .,
CUE ~ nc, I" soT the prsoner take her life S
sn!eal5 ~ The Jury in behalf of the prisoner anu
10 call testimony. ,.,; ,ha borse where Mrs.
FITZGERALD did; am landsdy Of the house t ~, arnnv
then since LIST MAY last had not seen Me, a, her own
IN atr ie n.a oeI T,s~erad was inside. and Mrs was
running out of the room from hun st the ss .s /.
was with her; they had kind OF qarhre h; saw her
throw tumbler AZ him. but il did not strike NM 49,
of the house when saw il frequently 81" ''e"' ~
, 49, Ate~rSv-I did not him have her by NE
bairof the head ON Sunday saw her running our " ~
room as was feeding my chickens ana she 'olu 'e :"
that be had pistol and she ran he wouH be let
Mr. Fitzgerald disturbed her very much ne was always
quarremg with her. , ~ ,ss rn;-S 49,
knew Mrs Fitzgerald 81 her about o'clock SUNDAY an
ernoon went into the store TO buy something mere w.
in the store saw Mrs sitting ~ tne pscs o,
asleep and Weakened her; asked her why she was nor ~
the and where tz she appeared 70 nave DecI
drinking asked her to get from the store s9metnmg
wanted To buy. and she attempted TO get rom ner un
but fell back and got up and left her; Ikeep liquor
store Mrs often got liquor there, usually quar- on peec
half pint of brandy which was sent to her she ala noe
for week before she shot have seen MIS- fuzgorao
strike prisoners when he would for his horse ne would
my place TO get glass, and have known her %
follow him aud box him. and one time she threw nm OUT on
the sidewalk thought she drunk, herself TWO Oh the
times time she stopped and drank after she sent him
home he said to he had not drank for month before
that.
By Mr. Blnnt-I sometimes drink with my customers,
but drink very little; when she there she told me
not to give him lquor-that he had been drinking toe
much never saw him lay hand TO her
Joanna CauSeHa sworn-LYe in Thirteenth st.. near
Frstav married woman sister oi the prisoner;
knew his wife last her about week before she was
hot-at house he there also he first
10 see me- because | was very sick he had been there
part of the night before Mrs came was sick in bed
my children were there, and a woman by the name OF
Catherine Kane when she came ill., she took griddle OF
the stove, and went Ia beating him with IL the head
and the arms and he was knocked down by the blow;
Fitzgerald n
go home he said he would 90 home in the morning. the
hrst thing WAS very sick, indeed my Joseph WAS
in the at the time | often Mrs L. strike my
brother she struck him in such manner that had
get doctors to take of him rccocct his shop
being broken open at their shop about week be-
fore the death Of Mrs F. had onen, pistol the
mante piece: went the last time did tO borrow little
money, 10 buy some medicines think the pistol l
the mante piece older looking than that
shown
by a Juyoy-Thcre no fire in the stove when she
took the grdde of il about IL O'Clock that night
catherine koac swom-knew last witness not pre-
sent the time of the griddle about two months before
that Mrs f. came ill., took him by the hair of the head and
said if She had pistol She would shoot him with he did
not strike her back his sister and her and daughter
present when she took him by the hair of the head he
said he would not strike her, shcwas she APP
pearcd TO be in passion she of violent temper she
frightened me.
Mir Palmer said the only other witness is the Coroner
who is not here but he wished show that in the pocket
Of the deceased keys of bureau in which were lock
ed up powder and balls and caps showing that the pistol
that she knew there The District Attorney said he
would admit it, but argued that she locked up the amnun
capt Fapdrer recalled-The pistol here shown the
"a small two barelled pistol, brass barelsone of
them still loaded but being drawn, balls found
in il Capt f. asked if the prisoner ever brought
the station house for abusing his wife but objected to
answer, and objection sustained by the Judge
The then rested on both sides, and the counsel pro-
cecdcd to sum up.
The Counsel commended that the killing was accidental
the pistol having gone of in the scufe between them or.
a
without intention to take life and was mansaughter in the
third degree.
The District Attorney contended that it was a case Of
murder He referred to the various quarres between
them but that when she had not been drinking she was an
industrious woman attentive to her business lie referred
to her being compelled the previous nights TO seek shelter
in the house OF neghbor-hs being to pursue her
with the day beforehand also TO the day before.
pistol in his pocket the fact that Immediately after de-
ceased entered her leaving Doan the door
lockedand then the heard the silence and the
report OF pistol the conduct Of prisoner being asked
where his wife and his replying Lying there. dead !"
his saying the way to the SationOuse, its being
told him that he had killed his wife, Well then it will all
be over All these things showed that the death had
been accidental Had been his conduct would have
been different The District Attorney took the theory that
the pistol fired with the left hand, by person who
knew that the left barrel only loaded and was fired
while the right hand of the person firing over tbs
mouth Of the other On the other hand is for the Jury
10 weigh the circumstances and il they find in his
favor, and that it accidental manslaughter they
will say and return, in either case verdict in accord
with the facts
Judge Edwards delivered the charge of the Court lie
reviewed the points of the and defined the law Of
nansaughter and murder II prisoner took the life Of de-
ceased with intention to take life is murder although
the intention formed at the moment IL is for the
Jury say from the testimony to whether not the
prisoner is guilty.
The jury then retired and in again after being out
about two hours for further instruction the degree Of
punishment for manslaughter what constitutes murder &c.
which was explained to them by the Court. They again
retired and had not agreed at late hour last night
COURT OF COMMON PLEAs-B.fore Judge Ise.AH.s.l
Hiram L. Frost sst Luke Gary
Against police officer in the Eighteenth Ward. TO re-
cover damages for alleged assault and battery Plaintiff
and neighbor il is said playing scuDg in front
Of plaintiffs door Defendant after leaving the station
house, his way home his being on and he
stopped opposite to where the parties playing Tho
neghbor said plaintiff If you do not stop win call tina
police when plaintiff said il use to call the Eighteenth
Ward Police and without knowing defendant made some
remark dsparaging to the police Of the ward Some din