The New York herald., 1868-04-11

On the I'd day Of August 1895, murder was com.
mitted In Westchester county under circumstances
peculiarly revolving. yonng girl who had but just
crossed the threshold Of womanhood was shot by
one of a party OF soldiers on furlough from Fort
Schuyler, who attacked private house and threat
ened death to all its inmates The principal of these
men was Thomas Fitzgerald, who fred the fatal shot,
and he was arrested and tried for the murder at
White Plains in December Of the same year. and SEN
fenced to be hanged. An appeal was made through
the counsel Of the prisoner to the Supreme Court,
and as the judgment was affirmed Fitzgeralds last
loophole Of escape has been closed and he viii be
sentenced anew at the June sessions. The case hav-
ing occurred 80 far back, brief recapitulation of
the circumstances win not be out OF place:-On
the night Of the lst Of August 1885, Alexander ELL
OFT, farmer living at westchester, went into sa-
loon near Westchester BRIDGE where he found par
ty Of soldiers drinking, who were subsequently iden
titled Thomas Fitzgerald, N ]. Canty John Doran,
Michael Martin, John O. Burke, Charles Burke and
John Rooney, the latter being civilian, but also en-.
arose between S the party as Eliot interfered % Y in
their conversation and the result was that Elliott
the village He had not long gone when the soldiers
went aAr him and him. the alteroaon
iron club In the hand Of one Of the men and again es
capped, getting home safely and then went to
06lWcc0 IL
evening the Elliott household were aroused by con-
fused noise outside and Elliott looking out observed
the same party OF soldiers who mad previously % at
appeared armed with guns and bayonets knowing
that they were after him he g9t out Of the e. house
and swimming nm % westchester % creek with the aid Of
only one arm AZ MS iet was broken ne alarmed sne
but Ts s h%se r. e
accelerated his movements. In the meantime the
sssaants continued banging at the door and S claim; I'm
FITZGERALD threatened to shoot Mrs Elliott unless
she told him Immediately where her son was The
OLD lady implored him to spare her fe but she 1es
II fortunately did not explode The ruffians then
again went outside and remained parleying some
close the door, As she stood there Fitzgerald raised
his musket and pointed 1t at her. being then only
an arm around her, could draw the unfortunate girl
inside, he fred ana the ball. passing through her alb
domen, broke the leg Of chair and rlcochetted
claiming mother, am dyingp' sank upon the
oor, aud, after lingering In great agony, expired
retired and dispersed various directions; but the
fremont police, being informed Of the affair, were
quickly In pursuit and the whole party were arrested
before midday. The feeling OF the community was
30 strong that 1t was with the utmost difficulty the
populace could be restrained from seizing and lynch
At the Coroner's inquest held the same afternoon,
verdict OF wilful murder was brought in against
Fitzgerald and the others were declared to be ac-
oCCA
already stated took place at White Plains on Decem
Der o. $780, and he pleaded not guilty He constantly
asserted his innocence, and although he acknowl
edged he would have killed Elliott II ne could have
seen him he asserted that the night was dark he red
at random, and did not even know hls victim or was
aiming at any one until he heard q scream. The
testimony OF Nicholas Lofts and others was to the
effect that the night clear enough to sec dis
tinctly, and the former said he saw Fitzgerald
while standing about MY feet of deliberately
point his musket at the wounded girl and fire, at
the same time uttering some oath. Ellen Hicks was
only twenty years Of and was engaged to have
been married the very week she was shot. The pris
oner 10 q young man and has, since his sentence and
during his confinement In the county JAIL where he
has been from the time he was arrested-nearly two
years ago-still asserted that he was innocent Of
murder, while confidently believing that he would
yet be successful In his appeal and the decision oi
the Criminal Court be reversed. Now that the Su-
preme Court has decided against him he will
probably dispel those illusive dreams and prepare
10 expae his crime on the gallows ~ which be was
sentenced many months ago.