The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-04

---~~--------~----------.
-Four Men Saved from Death ON the 6canoId-
The Fitzgcrald-aIcks Murdor-Acquittal Of
Sergeant Dorian aud Private Martin-Prob-
able Early Relcase or Canty and Burke
Remarkable Scenes I'm Court.
The interest In this extraordinary and protracted
series OF murder investigations, which have at In
tcrvals terminated successfully in sentence Of death
upon three men who still lying under the shadow
OF that terrible penalty, eliminated at White Plains
ct ten minutes past eleven O'Clock on Friday night
In the Westchester county Court House. About half
past three O'Clock on the morning OF the I'd day OF
August 1885, young lady, about twenty-four years
Of age Miss Ellen Hicks, shot while standing at
the door Of her residence at Throgss Neck
about two and . half miles from Fort Schuy-
Ter. She died In about three hours AFTER
wards. The parties charged with the COM
mission OF the crime were Thomas O. Fitzgerald
corporal OF Company Il, First United States artl-
lery: Orderly Sergeant John Doran. and privates
Charles Burke Michael j. Canty and Michael Martin
The excitement caused by the affair was extreme
and violent and the parties ali arrested at the
fort few hours subsequently and committed to
answer They were all indicted-Fitzgerald as prin-
cpal and the other men as accessories before the
fact for murder-the penalty, in the event OF con-
viction, being death to all. Fitzgerald was first
tried and convicted, as were also Canty and Burke
subsequently, and on Wednesday last the trial Of
the fourth John Doran) began. panel OF thirty
regular jurors and one hundred and twenty tales
men were exhausted and only seven unprejudiced
and competent jurors were obtained. The court
ordered an additional one hundred talesmen for the
next morning. and about eighty OF these were ex-
hausted before the remaining necessary five jurors
were sworn. full report or the testimony and
proceedings has appeared In the HERALD during the
progress OF the trial, which was fairly commenced
on Thursday morning. the salient points OF which
were that the prisoners Doran, Martin ana John G.
and Charles Burke, two newly arrived recruits
in tavern near Westminster, when one Alexander
Elliott the cousin, and Richard Hicks, the brother
OF Ellen Hicks arrived at the door In wagon
Elliott entered and invited the soldiers to drink
Elliott was under the influence Of liquor and upon
the soldiers declining to drink wrangle began, and
Elliott hustled around the place, but was saved
from direct violence by Doran Elliott and Hicks
left, and some witnesses say that about twenty
minutes afterwards the soldiers left Also The road
taken by the two men to their homes lay In the di-
rectIOn afterwards taken by the soldiers, to Fort
Schuyler, but Elliott and Hicks were 0vertaken by
the soldiers and another fracas ensued In which IL
appears Elliott Knocked John G. Burke down and
DOran subsequently broke ElliOtts arm. According
to their own testimony, Elliott and Hicks walked
very slowly down the road their harness and car
rage being broken by the horses running accidental
" against post and Elliott anticipating an attack,
also led of in this second encounter. Elliott and
Hicks went home and the soldiers scattered, taking
the direction OF the FORT EiotDs arm was attended
to and he went to bed about one O'clock and was
aroused by noise outside the house at about three
O'CLOCK In the morning. Looking OUT OF the Wlnu0W
he saw the soldiers who were indicted endeavoring
to enter the house, armed with muskets and bay0-
nets, and they attempted to batter down the door.
He ran down stairs and was seen through the win
dow by some OF the soldiers but he shortly up
stairs again and they burst IN the door, leaving one
man. Charles Burke, outside. Elliott had heard
them say to his mother In the yard that they were
going 20 shoot him. and he dropped from an upper
window, near which, outside, Burke was standing,
lived together with Elens Alice. was situated
diagonaly across the yard from Elliotts residence
and Alice and Ellen, aroused BY the noise, were
When Elliott escaped Burke ran around Into Elliott's
house and told the soldiers. who all inside that
TO the yard and as the Witness Alice Hicks, and
man named Voltz testified, raised his rifle, aimed
at one Of the girls nred and Ellen fell mortaly
under an engagement to be married In few days.
All the other soldiers were in the house at the time
the shot was fired except Fitzgerald The soldiers
then fed to the fort, throwing away their arms and
were arrested a few hours afterwards. 1t also APP
peared in evidence that during the ARRAY on the
road, about eleven O'Clock, john G. Burke became
separated from his companions and did not return to
the fort. lie was arrested about half-past six
O'Clock in the morning while passing Eniott's house
on his way 10 the fort but had not participated In
the murder
peared to defend the prisoner Doran Mr.. Larkin be-
Ing also counsel for Martini who was awaiting trial.
The fact or the difficulty experienced in obtaining
the strong feeling existing In the COM
munity against the prisoners, and In conse.
being under Indictment 1t prevented their version OF
the homicide being brought before the Jury by any OF
them witnesses, while all who were present at
the time OF its occurrence were subpnnaed as wit
nesses for the prosecution. The evidence behalf
or the prisoners related principally to the incidents
preceding the murder and anterior to 1t, together
with such portions OF the testimony for the prosecu
ton could be made available and that elected
crossexamination OF the witnesses for the people.
showing Doran's previous high character
as q man and soldier was admitted and was un-
except far rs he was directly concerned
with this homicide. He was always peaceable, sub
hitting frequently to insults which more excltabe
men would have resented at once. lie was proved
by Lieutenant Colonel Councilman, his commander,
10 have been prompt and "very efficient" soldier.
and was one Of the defenders OF Fort SUMTER under
Williamsburg Fredericksburg Charlottesville, An
tetam the Wilderness and other battles Of the late
war, and was conspicuous for hts gallant conduct
while in command OF gun In the most advanced
position at Williamsburg.
The prosecution was conducted by District Attor-
ncy Bates and, Notwithstanding the great apparent
prepondcrance OF evidence against the prisoner,
was remarkable for ts vindictiycness. Most OF the
strongest possible case against him, and Alexander
Elliott who testified that he had followed the pro-
ceedings TO Brooklyn, to the Court OF Appeals at
Albany and other places, without being required,
all times whispering In the ear Of the prosecuting
oiiicer making suggestions and prompting inter-
rogatores by him to the witnesses on the stand.
Hts mother, woman sixty-slx years OF age, ad-
United on cross-examination having told clergy
man that she prayed TO God every night for rttz-
gerald's soul. but she wanted his body toon and In
the same breath, trembling with emotion, asked MT.
McKeon II the Bible Itself did not demand sblood for
Doran The District Attorney also attempted 20 put
In evidence Doran's statement before the coroner,
but IL objected 10. and the coroner testified that
Doran had not been informed that he was entitled