The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-06-01
SUPREME COURT SECOND DISTRICT
SPECIAL CORRESPONDENCE OF the herald.

Re-Sentencing Of Fitzgerald. tho Murderer
OF Ellen Hicks-Defant Manner Of the Pris-
oner in Conrt--Iie Ii Sentenced TO be Hung
on the 18th of Ju.y-Thc Insane Assassin
Jackson lie IL Sent 10 the Lunatic Asy lu,n-
The Case Of Richard Lewis. Murderer oi
Rev. i. q. Richmond,
PovGHKurs,E, May 90, 1867
The General Term OF the Supreme Court OF the second
judicial District composed OF Justices Lott, Barnard
aud Gilbert tho Court House in this city to day
Among decisions rendered to-day that in the
Of Thomas Fitzgerald who, at midnight some time
in August last, deliberately murdered Ellen Hicks, a
young girl eighteen years OF age, resident OF the
town OF Westchcster, Westminster county The parcu
lars OF tho murder are as follows
Fitzgerald a soldier in The regular army, statoncd
At Throgg's Neck. In the afternoon OF the night IN
question ne, with five Others went to tho bakery
OF man named Elliott in the above town, and while
there got into tracds with Elliott during which the
atfers arm wns broken whom Fitzgerald and his
party left Al . late hour Of the night he and his
gnng returned, and being armed, surrounded the
house and called Elliott to come out. The latter,
soeGg that they intended 20 murder him. jumped ont Of
OF story window, his brokcn arm being In
o sling. Only one OF the murderers was in his way,
with whom Elliott grappled and oyerpowered, making
good his fne assailauts seeing that their IN
tended victim had escaped turned to go or when they
observed two young girls standing ~ the door OF an ad
Jacent hndng, with nothing but their night clothes on,
watching their movements. One Of the girls was Ellen
Hicks young lazy OF great WORTH who was to have
been married on the following week. she stood
with her about the waist Of her COM
panion, when Fitzgerald, without the least cause,
or whatever 1.-THE others OF tho murderous
crew giving consent by looking on) deliberately raised
the musket with which he armed and fired at her.
the ball entering the poor girls body, Immediately
falling TO tho threshold hfeless corpse.
and - re next ssssloN 81 the wescheser Grand Jury
Ysre regularly indicted for murder in the rst degree
fiugads case was tried by the westchessr Court Of
Oyer and Termner in December last when he WAS found
guilty and sentenced to be hung in January following.
In the interim hts counsel succeeded in obtaining writ
error. whom the went 10 the general term and
argued its last session In Brooklyn The decision
rendered to-day affirming tho proceedings OF the
wesichester Court In accordance h~n with the stat
utes the prisoner was tins morning sentenced be
hung the 10th day OF July next the town OF West
chester, Wes,chcster county.
Fitzgerald in the room, having been brought
here tins morning by Sheriff Darius Lyon and deputy,
the party being also accompanied by District Attorney
bravo. After hearing his sentence pronounced he re-
marked, 'ln never be hung; have had the rope
caught now This noon he was conveyed 10 The depot
handcu1ed and placed on board the nifty minutes past
down rain and in company with his escort has
gone back ~ his confinement in the jail in Westchester
county he Is all OF six feet HIGH broad shouldsred Of
great muscular development pale face, gilt erng eyes,
black hair and black musiache.
Elliott, the man whom he intended 30 kill the
night OF the MURDER also with the party 10 court
He informs me that Fitzgerald has several times
pressed a wish 10 go IN room alone with him.
The case OF John u. Jackson, the insane son, who
attempted assasinate his father Joseph jackson,
this city Tuesday night. was placed before Judge
Wheaton TO day, when examination was held by
lawyers DOCTORS the District Attorney &c. as regards
the culprlts insanity Among the evidence placed DC
fore judge Wheaton was a letter written by young
Jackson, at Utica, a few days previous TO the a-
tempted murd r the language Of which proves con.
clusively without any other evidence that he IL insane
In that letter and in conversation he charges his father
with cruel yrannica treatment and neglect OF himself
and to kill him by means OF poisoned pow
doris aud poisoned postage stamps. II known here
and appeared in evidence that his father has always
treated him with the utmost kindness and every
OCCASION and that every additional o. kindness from
the father towards the seemed intensity the
insane sons hatred AZ the conclusion Of the ex
ytAn lo
State Luuaiic Asyum. whittier he was taken this
| ing by officer shieidR
Tue Of Richard Lewis, charged with the murder
| of Tue Rev. j. C. Richmond, will come up In the Cour
1 of Appeals, ~ Albany, week after next