Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-02-19

agent of the Home Insu rance Conn
pany OF COInmbua@FOund Guilty OF
NHansIauEhteFJ and Sentenced to
Ten Years In the Penitentiary94
Judge Mott! W @l9'1i-.b loohps 5jE1Eq''
.boo tCOrespOndsnss Of ohio Statesman ',i5 III %
a = bq7rglsr 70 BpcYRgs, Feb, l6, 1867 Hai
Considerable anxiety having been .n1api-l
tested in the eityof Columbus in regard to
the murder Of Mr.! Daniel Edward Smith, d
young man, formerly q resident Of Column
bus, and cashier and agent of the SHomeI
tnsuFance Company IN that city, whichoo
cufred ia the town 6f Gallon, Crawford
county, Ohio, on the night Of the 10th Of
October, 1885, your correspondent will en-
deavor to give your readers a short synopL-
sis of the evidence ELECTED on the trial of
George o. Fitch, charged with the murder
Of Smith, which occurred represent week
In Bucyrus, before his Honor, Chester r!
Mott, Judge Of the Court Of Common
Pleas. o l..... I....+ sff -r4 ses s.r. rid a.rr
1t may be well to state, in the first place,
that George o. Fitch was charged with the
murder of Mr.Smith at the time the body
of the unfortunate young man was found,
aud the coroner's jury which convened on
the 18th of October, the day subsequent to
| the murder, returned a verdict stating that
Smith came to his death by wounds inflict-
ed upon him by George o. Fitch, and upon
this finding he was taken to the Jail OF the
county to await trial. giL-Y 'rr .a4-.. ID
| The trial of the accused commenced on
| Monday, the 1lth instant. Nathan Jones,
| ESQ, Prosecuting Attorney of Crawford
county, and B. +. Junkin, Esq, a lawyer
| from Perry county, Pa. appeared for. the
State, and Messrs. A. NJ, Jackson and Thos.
| Beer conducted the defense. There were
about one hundred and forty witnesses
| subpened, and their examination occupied
| the court until Friday at noon, when the
| pleadings commenced and closed at IL
| O'Clock NJ. on Saturday. After short re-
cess the Judge charged the jury, occupying
about one hour and twenty minutes in its
| delivery, and the case was committed to
| them for a final verdict about 3 o'clock p.
NJ In his charge to the jury, Judge Mott
stated that owing to q late decision of the
| Supreme Court of Ohio, the indictment
| found against Fitch was deficient in so far
| that they could not bring in verdict of
guilty of murder in the first or second de-
| gree but that they could under the indict-
| ment find him guilty of manslaughter, it
appearing that the ''intentional killing" OF
| Smith by the prisoner was omitted in the
| indictment, although the common law had
been strictly followed. TI o.. 80
! The jury retired, and about O'Clock in
the evening came into court with verdict
| "guilty of manslaughter." Having omitted
to state in their verdict the particular count
| or counts on which they found the prisoner
guilty (there being five counts in the in-
dictment), the Judge ordered them to re-
| tire and perfect their verdict. They re-
! turned i'm q, few minutes and rendered a!
verdict "not guilty on the first and. second
| counts-Sbut guiityof manslaughter on tile
| third, fourth and fifth counts" when cOun-
| sci for defense demanded that the jury be
pelled, after which hothey were discharged.
| Mr.. Beer, counsel for defense, then NOV
4 ed an arrest of Judgment, stating that the
/ indiCtmentwas repugnant--that the counts
/ in the Indictment repugnant 70 each
other and did not warrant the finding OF
the verdict of the jury. The Judge, how
ever, overruled the motion, and ordered the
! prisoner forward. Having been asked the
| Usual question by the Judge, whether he
had anything to say why the sentence Of
\ the law should not be passed upon him--
4 remarked ina clear and distinct voice II
1 have nothing to say, but that am inno-
4 cent of the crime and throw myself upon
1 the mercy of the COurt.ih The Judge then
/ proceeded, ina calm, dignilied manner, to
1 pass the sentence of the law. He stated
| that his personal feelings were gratified
| that the unintentional omission of a single
| word in the Indictment had been made
otherwise lie might have been compelled to
have pronounced the death penalty--that he
| 0he prisoler) was young man, and might
yet, after his incarceration in the peniten-
| tiary, reform and redeem his character
| anka ,.n Nf
should be confined in the Ohio Penitentia-
| nv at hard labor for the term of ten years.
| Although the Court House was crowded
| with spectators, large portion of them
| being females, he received his sentence with
| an unblanched cheek, betfaying no emo
| ton whatever. His counsel, Messrs. jack
son and Beer, did alEthat human ingenW-
ty could devise to save him, but ofno avail.
| George o. Fitch, the prisoner, is about
twenty-five years of age, five feet eight
inches in height, dark brown hair blue
eyes, fair complexion, and of good appear
ance. He was born In Green, Chenango
county, New York, and resided there with
his parents Until the breaking out of the
! war, when'he enlisted as aprivate in the
1l4th regiment New York Volunteers, and
served during the war. In 1866 he remov-
ed with his parents to Gallon, Crawford
county, Ohio, and served In the capacity
of brakesman on the Atlantic d Great
Western railroad, from June, 1866, to the
time of the murder. u '.lJ 'rl 51niilG'
soon after his arrival at Gallon, lfemade
the acquaintance of Miss Emma Heltabid.
die, a good looking and fascinating young
lady about his own age; /; became intimate
with her, and according to her own testi-
nory, was finally engaged to be married to
her. About the Istof Feb. 1866, he went
to the State of New York on visit, and
during his absence Miss HeItabiddle made
the acquaintance Of Mr.. Daniel Edward
Smith, the man who was murdered, and
who at that time was agent Of the Home
Insurance Company Of Columbus. Miss
Heltabiddle became attached to Smith, and
after the return Of Fitch, she notified him
that she would not marry him. 5.ehgh y
1t appeared in evidence that at the time
the engagement was broken off, he accused
her of discarding him on account of Smith,
and made the remark that he would "never
forget her or forgive Smith," which was
allowed to 30 to the Jury as threat for the
purpose ofestabishihg malice. 20 mo %
| : Notwithstanding the fact that Miss
Heltabiddle refused to. fulfill her engage
n heIit OF marriage with Fitch, she. still oil!
}, lowed him to visit her, and It is claimed
that during his visits, he occasionally made
Injuries as to the personal appearance OF
n smith. and talked oi going to Columbus
where Smith resided. IL appeared that on
n the Sunday night previous to the murdeE
Fitch waited on her from Church, and ask
] ed her IL she had heard from Smith lately,
and she told him she was looking forh him
every day.a On Monday morning, October
II I5thl Fitch went out on his train to Dayton
4 and returned to Gallon ON the evening of