The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-23
FITzGIBBONS' FATE.
His Arrangement for Sente nce-The Old
story OF Lying Witnesses-Sentenced to
state Prison for Life.

His ARA ignment for Sentence-The Old
story OF Lying Witncsscs-Scntenccd to
State Prison for Life.
John FitZgibbons, who on last Christmas Eve so
inhumanly murdered John O'Hara, and from whom
was accepted plea or mansaughter IN the first
degree, was brought before Judge Brady in the
Court OF oyer and Terminer for sentence. He
wore a repusivey sullen look, and in every Inca
ment of his countenance was revealed the hard
ened obdurate criminal
Have you ever learned a mechanical trade ~
asked Mr.. Sparks, the Clerk, after first requesting
him to rise.
''No" answered the prisoner, sullenly.
'What have you TO say. If anything" pursued
the Clerk, 'why the Court should not now proceed
TO sentence your
"The witnesses at the Coroner's inquest" re-
plied'Fitzgibbons, 'swore falsely. OHara tore the
clothes or my back and bit the finger OF my wife.
They broke open my door. used no Ratchet, but
a hammer which took from OHara."
Mr.. william +. Howe and Mr.. Abe II. Hummel,
the indefatigabe and untiring counsel OF the pris
oner, to whose united efforts he owes his escape
IRON the gallows were seated by ana listened to
the prisoners statement When he had finished
what he had to say Mr.. Howe to his feet, and,
in few words most feelingy uttered, thanked the
Court anc the District Attorney Tor having accepted
the plea made by the prisoner. The fact was not
to be disguised that terrible crime had been COM
mitted and the prisoner evinced by his plea, his
expectation and Willingness TO pay the penalty OF
his offence lie hoped, however, that the Court
would take into consideration the statement OF the
prisoner and also be mindful OF the wife and little
ones who were made TO suffer the sad fruits OF his
crime.
Assistant District Attorney Rollins said that
upon an examination OF the facts he was satisfied
that the statements OF the prisoner were untrue.
He accepted the plea of manslaughter in the first
degree with the belief that in the case OF trial
before Jury no higher offence could be proven
against him than murder In the second degree.
He did not accept this plea with the desire OF any
leniency toward the prisoner, but in the expec-
tation or the sevcrest penalty under the statute
being melted out TO Unemployment Tor lie.
THE SENTENCE.
Judge Brady next proceeded to sentence the
prisoner as follows -Fitzgibbons your unlortu-
nate position now Is attributable to the disposition
to do violence which has prevailed for some time
In this community. Your plea OF manslaughter in
the first degree was accepted, not out OF consdera
ton Tor you, because the merits OF the do not
justify me In taking that into consideration, but
because there were some elements In It which
would probably, In the estimation OF the jury,
reduce your offence TO murder in the second
degree, the punishment for which would
it ana ns,r,s 50 upon the made
rated by him were those that he could conclusively
establish on the trial OF the case The act which
brutal one You killed the man "a soon as Won had
an opportunity TO exercise your power over him.
do not perceive in your case any extenuatng cir
cumstanccs. IL Is not only necessary that you
should be punished but that the lawessly inclined
of this country should be instructed by what takes
place In courts of competent jurisdiction, that they
cannot indulge their evil passions or their strong
impulses, but understand, II they have wrongs
to redress, they must seek the courts OF justice,
and II they have a disposition to do violence,
pecially when that violence Will result In death,
they must restrain themselves. think, under all
the circumstances, 1t Is my duty, and such is your
sentence, to send you to State Prison for your
life.
Fitzgibbons took the sentence with the utmost
GOODNESS. His wife and some other women in a
corner OF the court room were greatly affected. A
few minutes later Fitzgibbons was on his way 10
the Tombs, under the escort OF Deputy Sheriffs
Shields and Cahil.