Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-11-11
THE mURDER cAsE.
Examination Of william and Ann
Fitzgerald. Charged with Numbering
John Hays in IS6E-The Prisoners
Discharged.

The examination Of William and Ann Fitzger-
aid. charged with murding John Hays. in 1854
took place in the Recorders Court Room. yester-
day. before Esquires Wilkinson. Mathews and
Sloan.
The trial commenced at il o'clock 4. NJ. and
was concluded at O'Clock P Il.
The State was represented by Messrs. McClan-
nahan & Glare, and Ready. The defence bJ
McSsrs. Guild x Smith.
The following is the leading points Of the evil
dence addueed:
Michael Haas called: Am about thirty years Of
age; reside on Broad street, near the Cumberland
Hospital; was born in Ireland came TO this eoun-
try about eleven years ago. Had three brother
in this country-Patriek, Jerry and John. John
Hays was a stone-mason by trade. It has beer
about two years since be disappeared. About
two weeks after John was missing, / commenced
searching for him. / went into Mr.. Fitzgerald
house, when Mrs. Fitzgerald spoke to me. and
said she was sorry for my trouble, and that my
brother had been killed By his own friends, and
his dead body thrown over the bluff into the
river. l said be could not have been killed, be-
cause be had NO money to tempt any one to the
act Mrs. Fitzgerald then said he had $50 in gold
and SIS in paper money. That John had been in
left about II o'clock, in company with Mr. FitZ-
gerald, her husband; that her husband returned
ia about an hour and half, but John Hays was
not with him. She then said she know who bad
his money, aud that no one should have 1t but
myself, and that she would get it for me. want
cd to get witness to her statement, and the next
day l got John Hartnett to go with me to see Mrs.
Fitzgerald. She stated the same facts at that time
a. she did the day before, adding that my brother
had been with her husband all day Monday, and
went away with him at eleven o'clock at night
She said if did not believe her, she could
show me Johns shoes. She brought out the shoes
bat did not recognize them, as they were gov
ernment shoes, and had not been soiled. Her lit
tie boy came in the room at this time, and said.
Mother. shut up, you might get into trouble
hereafter" The boy was about fourteen years
old She said TO the boy: go away. you black
guard; if Mike Hays has me arrested, will tell
all that know" have seen my brothers bag
gage at my sister-in-law's, where he boarded. l
went to- Louisville where one Of my brothers lives,
but could learn nothing Of him.
Concentration: j ohm disappeared some time
before Hoods raid; am not positive how long;
think it was in the summer Of 1864. He had been
working for the Government. Mr.. Fitzgerald was
not present during the conversation between his
wife and myself Know the negro woman who
was at Mr.. Fitzgerald's, but am not positive
whether she was employed there or net Did not
think John had any money with him. Some time
after he was missing, brother Thomas and applied
for his wages Had not told the foreman that he
was in Louisville Did not tell Thomas 0'Brien
OF Mr. Ready that John was murdered and thrown
over the bluff. John was always considered a
sober, steady man. The reason why did not
PROSECUTE this case until the present time was be-
cause WANTED to find out more proof. and did
not want any one blamed for the crime who
might be innocent. was deputized by the magis-
trate TO 10 after the negro woman, Phebe Spin
ner. and in order to find her out, told colored
woman that the Government owed Phebe
some money, and that I:was to get it for her.
Found her in a house in Rocktown, near Fort
Negly. The shoes shown me by Mrs Fitzgerald
did not look like they had ever been worn. My
brother Jerry. disappeared several months after
John. lie had helped me hunt for John. Jerry
had gone outside the lines on business and be-
lieve was foully dealt with. Have been acquainted
with the prisoner about five years. Know moth
ing against his general character.
Redirect, Told Phoebe Stringer there was mo-
ney coming to her for the purpose Of getting herin
town As a witness Have never offered her any
money to testify.
John Hartwell called Live in Louisville, Ky.
Am acquainted with Michael Hays; have no ac-
quaintance with tIe prisoners; was in their house
about two years ago. Didno know John Hays,
Michael Hays invited me to 90 with him to be a
witness TO what Mrs. Fitzgerald would say to him,
l went with him to Mrs. Fitzgerald's house
Heard Mrs. Fitzgerald say to Michael Hays that
she was verys orry that his brother, who was such
nice man. WAS murdered that he had forty OF
fifty dollars in gold, and some paper money on
bis person: do not recollect the exact amount she
stated. She said that his friends had murdered
him, and that if Mr.. Hays did not believe her she
could show him his brothers pants and shoes A
little boy came in and told her not talk much
that she might got into trouble. She replied that
il she was arrested. she would tell all she knew
about e. Mr.. Hays came to Louisville after me
Think il was about two years since | heard the
conversation between Mr.. Hays and Mrs. fitzger-
aid.
examination; Was living in Nashville al
the time 0fthe supposed murder was in the Gov
ernmcnt employ. Have been in Louisville about
one year man was sitting in Mr.. Fitzgerald,
house when went in with Mr.. Hays. but he sOor
left DO not recoleet If Mrs. Fitzgerald said that
John Hays was at her house on the night Of hi,
disappearance, and that her husband went ou
with him Could not say positively that he could
recognize Mrs. Fitzgerald.
The witness was then asked if he could reeog
nize the lady he had seen among those present il
the court. He recognized Mrs. Fitzgerald as tn,
person Michael Hays had talked to.
street Am the widow Of Jerry Hays JOIN
Hays missing two years ago last june II
was boarding with me at the time. The last da,
he was seen. he had 500 with him. know h
had $50 dollars in gold and $50 in greenbaeks Oh
/ the Friday before the Monday he disappeared,
saw the money in his valise. John was Mt home
| short time on sunday, and about six o'cloek Mon
/ day morning. That was the last time l ever saw
him. When he went out Monday morning.
thought he was going to work. but ] afterward
saw he had worn his best suit Of clothes. thcr
went 70 his room and looked in his valise.to see
his money was there. II was gone.
Mrs. Donohue was called. Live near tn
| Northwestern sheds; stay about half my time a
the house Of William Fitzgerald. the defendant
| Have made il my heme the last two years Dil
not know John Hays-ncver heard Of him.
This witness went on TO say she never knew
anything about the murder Of Mr.. Hays. and tina
the prisoners were quiet, peaceable citizens VIII
would harm no one.
The counsel for the prosecution proposed to in
troduco Witnesses TO prove a collusion bctwcel
| Mrs. Donohue and the prisoners. and that Mrs
Donohue had made statements that William
Fitzgerald had murdered John Hays, and tina
she saw the bowie-knife with which the Grim
| was committed.
The counsel for the defence objected to tn
State bringing forward witnesses to contradic
| their own testimony.
| The objection was sustained.
Mr. Cross testified that he knew the prisoners
was acquainted with Mrs. Donohue. Mrs. Dono
hue had a quarrel with Mrs. Fitzgerald on &C
count Of Mrs D.s talking too much about tli
ease. When the officer went after Mrs Donohu
10 bring her TO court, she escaped into the hous
Of the prisoners. Knew Of no collision betwec
the prisoners and Mrs. Donohuc.
Al this point Of the proceedings, the counsel 70
tho State discharged Michael W elsch, without cx
animation. Mr.. Welsch had been held undo
bonds for his appearance at the examination.