The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-06
WESTMINSTER COUNTY c6UsT IL saila AND 1ramwea.

IrIni OF Thomas Fitzgerald for tho Murder Uf
Ellen Hicks in August Last.
Before Justices William W. scrugham, VIM a. Robert.
son. Thomas Jay Byrne and Myron B. silkman.
Thomas Fitzgerald who was indicted for the murder
Of Miss Ellen Hicks the morning Of the I'd day Of Au-
gust last the town Of weschester in wcstch ester
county, by shooting her with muskot, was placed on
trial ON Monday night The panel Of petit Jurors was
exhausted, when only six jurors were empaneed and
the Court directed the Sheriff to summon thirty tales
mon, when the Court adjourned until next morning
On Wednesday the absentees Of the rers who were not
present on Tuesday, and the talesmcn who had been
summoned, wcro called and from their number tho
balance Of the jury obtained.
The District Attorney, John s. Bates, then opened
the case for the people, and introduced witnesses
soldiers came to the house Of Alexander Elliott in the
town OF Westcheste and broke open the house. assert
mean. 70 shoot him; tbat while There Il" they no, ony
Esea'eneo =. perscss but they actually did
oner to shoot the mother Of Elliot because she would not
zen them wn' s, her son was Elliot in the meantime
window on the second door, and a. be struck
the ground he encountered one Of the soldiers,
his musket, when he ran across the fields
nearly In naked state and swan the westchester creek
a. s. the time having broken arm, which had been
oroken In melee with the same party two hours
before on that same night After Elliot had ned the
house. the word was given to the rest Of the soldiers by
house came out Immediately on their com ing out,
Thomas Fitzgerald, who is corporal in company n Of
,ns arss regimen. United states artillery raised his
yirdyay door il which stood Mis-: Ei s ScSs It'll
her ss;sf Alice The ball took its fight from the mus.
ket and entered the body Of Ellen the right SIDE lust
below tho umbeicum, passing entirely through the
body, out on the LEFT bullock striking chair In ts
s course and buryIus itself in the wall beyond Alice
STOOD with her arm around her sister and they both Fell
together, the murdered girl exclaming am Shot am
this What y not usual in the most Of murder cases,
~ 81, M and Nicholas, baker II he employ
cred the party oamedatey after the fatal shot was
Outrage and went TO left the scene q .hel, brutal
h s' Ss;. s. :sd sS
Of the wssichessr creek had c6.: The other side
horse and wagon, and won't TO the CT ,.d and
fast being circulated that Miss Hicks had been s0s
Justice Thomas ,. Byrne had issued warrants
soon oe s after ass h squad Sh' Of Psy Do sss
from the Twelfth and the Thirtysec subprscincs
with the constabulay Of the town. went to the o and
succeeded in arresting all Of the party who hal taken
refuge within its wallis One Of the party not being
soldier was arrested in the town Miss Hicks lived after
sS's She H.: ss %s ,. f.
age OF very pretty and Interesting sppearance KIDD,
modest and defercntal in her department. EShssro Ok
the Presbyterian church Of that town, and greatly be
loved and esteemed " oil who knew her. In fact there
Is no one who does not speak OF Ellen being vht
was worthy Of all the esteem and love bestowed her,
The counsel for the prisoner did attempt to eson.
crate his unhappy and unfortunate client fron the
effect Of his nights dabocal work. but endeavsed to
show 10 the Court that the prisoner that nkht
cndeavoring 10 Of his from danjcr, Who
II alleged had been assaulted and beat on mat night
by Elliot and hts friends
The counsel for the prisoner then sumped mp to the
jury and for the course Of hour and M used every
argument that could tell In favor OF the pisoner The
District Attorney followed In very forcple and telling
speech OF about half hour, when ali Honor Justice
Scrugham charged the jury in hi; asua able and forci
the facts OF the case The ju1 then rsred 10 dcIb.
crate Al quarter past f~: o'clock and alter absence
Of about half an b~'' 'ney D'ufned wah verdict Of
guilty ~. -,.
thirty dsvs dake bill Of exceptions and 4 stsv Of
procseS,v The Court tccx the matter under consid.
eratior