The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-11-09
THE FITZPATRICK MURDER.
Trial of Thomas Fitzpatrick for the
Murder OF Ills Wife-Thc Prisoner Com
victed Of Manslaug liter in the Fourth,

Trial of Thomas Fitzpatrick for the
Murder OF Ills Wife-Thc Prisoner Com
victed Of Manslaught fn the Fourth
Degree.
The trial Of Thomas Fitzpatrick for the murder
Of his wife Mary took place in the Kings County
Court Of Oyer and Termlner yesterday, before
Judge Pratt and associate Justices. The prisoner
was indicted for causing tle death OF his wife by
beating her, on the morning OF the 9th of June
last, at their residence, 2S6 Van Brunt street.
THE PRINCIPAL WITNESS
against the accused was the daughter of the de-
ceased, Mary Fitzpatrick, who testified as fol-
lows:-l am fourteen years OF age; remember
when my mother was injured; we had one room
and bedroom on the top floor it was a three story
house; saw my mother before she went to bed /;
her face was not injured: there was nothing black
and blue on it, when l went to bed she was not
under the influence OF liquor; l saw my father
about an hour before went to bed; he was little
tight, but not much; l had seen him intoxicated
before; my mother was sitting at the table, near
the door; ] went to bed with my little sister;
woke up about three O'Clock and heard my father
talk IL was In an angry tone.
] SAT UP IN BED
and saw my mother out in the chair and father hit
her twice with his open hand Oh the right side of
her face; he was standing; woke up next about
the bedroom; saw my father stamp twice on the
side OF her lac :; he was In his stocking feet; he
laid her on the floor again, he removed her little
from where she was and got her near the bed and
laid her ON the floor again; could not say whether
my mothers face was Injured or not; at nine
O'Clock saw her In bed; her lace was black and
blood coming our OF her mouth; my father was
'I BEAT YOUR MOTHER
very bad but am very sorry Tor it;' he sent me
for some bourbon, and said to mother, "Mary take
Of this !" her head fell forward her bosom,
and my father went out; Mrs. Richardson came In,
and father came in again and stood by the side OF
the bed; he said, "Ihere IL not man In this world
so sorry Tor 1t as am; how did come to do 1t at
alls"
To Mr.. Tracy am fourteen years OF age; l went
to my aunt's In New Jersey about week alter the
trouble; she is my mothers sister; ! remained
there month, and was then sent to Raymond
street jail have had no conversation with ather;
my aunt sold out my fathers things; talked with
her about this matter, and she talked with me a
great deal about this matter; my aunt told me to
tell the truth about this matter; my mother was
sitting on Clair by the side OF table; that was
wsen ~ thren was 10
sitting In another chair, and
FATHER SLAPPED HER.TwICE
on the right side OF the lace; at five O'Clock my
mother was lying on the floor and my father was
standing beside her; he was In his stocking feet,
and stamped on her lace; did not hear my iather
tell my mother at three O'Clock that he wanted her
to go to bed
Mr.. Tracy then read from the testimony given by
TO Mr.. John d. Cutter juror-When my father
struck her at three O'Clock he was standing In front
OF her, ana struck her on the right side; he is lot
left handed.
To Mr.. Britton--T don't know which hand he
used; had seen a collision between my father and
mother a week before; mother was scoding IN
bed father took her out and beat her, and MIR.
Richardson went to stop him; that was ON the
Saturday before.
TO Mr.. Tracy-My mother was intoxicated.
MY FATHER HAD BEEN DRINKING,
but not much; she was in the habit OF drinking
and often quarreed with my father; he was Il
quiet aud industrious man, and brought his pay
nome; she squandered 1t for whiskey; that was
usually the case +: he was always very Kind to us.
10 MIR. Britton-My father usually got drunk two
or three times a year, and then he was and
spent money; on this occasion he had been drink
ing three weeks; he had been at work for some
days; he brought liquor into the house and they
drank IL together; when my father drank he always
shared IL with my mother.
To Mr.. Tracy--My mother did not do that my
mother generally pitched at my father
To Mr.. Britton-i have seen my iather pitch on
my mother.
That concluded the case for the people.
Mr.. Tracy said that, on the testimony as CUB
mittcd by the District Attorney. he should move
Tor dismissal, ana ask the jury to bring in YER
dict oil acquittal.
The motion was denied
After some testimony had been submitted show