, 1873-10-17
PAYNE FITTZ'S LAST.
More Of His Rascality Found
Out Yesterday.
How He Lod Herman Hnrtung to Com
nit Bigamy.
The Matter Undergoing Investigation In
the Criminal Court.

having been found against him lust April. Ho
was admitted to bail, aud II vas dofaultod once
on his non-appoaranco, but 1lo WIS aftorward
bailod second time. On calling tho case yoH-
torday, tho prisoner hal no counsel, and WAS
given fifteen minutes to find some ono. He
Roourod the services Of William Folker, and,
after consultation between tho partoH for
prosecution and defenBe, tho prisoner asked to
mako statement Of the facts proyioua to or
In place Of trial. Hartung thon stated to tho
Court that he was arrested some time before tho
fire on charge Of bastardy, proforrod by
Mary Scheduling, and brought beforo Justice
Eberhardt. Whilo there, sohoenwald, tue at
tornoy for tho girl, told linn that he must give
hor somo money or marry hor, or he would get
into trouble. Hartung was somewhat frighten-
cd, no asys, and agreed to marry hor, md the
Justice waB called In and performed tho cero-
mony. Mary then asked Hartung II sllo should
60 with him. Ho told her lle did not want to
hnyo anything to do with her; that ho was not
married at his own wish or will. She then, and
at different timos afterwards, asked for money,
which ho repeatedly refused to givo. He had
seducod her under promise Of marriage, and tho
baatnrdy case was to compel him to support tho
child, hut Of this ho mado no mention III bis tos-
tnlony.
Sometime aftsr tho fire Hartung went to Payne
Tittz to Get divorce from lls wfo. Tittz told
him Tint lie could got tho divorce through easily;
that tho marriage before the Justice was not
good for anything, and that ho could 20 On i'm
nedatoly and marry again. Fittz asked where
lia wife was, and Hartung told him that ho did
not know exactly that ho thought Bho WAS not
In Chicago; that he Ind not aeon hor snce the
fire. Fittz aaid that that would DO deaortion,
and would give him divorce. Acting On this,
Harting married a aecond wife In February
Inst.
Sometime after hia marriage, Hartung went to
get hia divorce, and Fittz told him tint 1t was
in N1r. Reeds tands. Previously to this, h1r.
schm,,ts, tho unnc1o Of Hartung's first
wife, learned that Hartung was procuring prl-
yato divorce against his niece. and wont to ono
MARKS, q lawyer, to have him sec about it.
Marke found TINT tho caso had been referred to
Denniaon, 2 Master in Ohancory. Ho won't to
him to sec the. papors. but was refused. There
upon he {NarkB) made IN affidavit, setting out
tho lacta. and took it to Judge Gary then sitting
i'll tho Criminal Court, who had reforrod tho
that ali proceedings should bo stayed Until ho
should return to tie Superior Court.
s,Fs on 'R'n About 'as this Il Time sRGesa:4e sGee s
inal proceedings were commenced. i was
divorce should not be resisted, as Hartung
would not 1.-Two with Mary, his first wife, but al
arrangement waa made TINT he should pay
Marks 800 down and give security to pay bis fret
each, Fittz. in tho meantime, to cover up his
rascally part in the transaction. drew up d bond,
which he caused Schmutz ana Mary Hartung to
sign, coyonanting that in consideration Of the
payment Of the aforementioned sum sho
nor % prosecute any Criminal suit vi which nI, mghs,
then bo pondlng, or afterwards be commenced.
It is to DO remarked that tho bond ia duly signed,
but not the covenant or oondition.
Hartung nays be paid Fittz $50, rs lie proposed
to do, and that afterwards he was asked to and
did pay $40 or $15 more, and that, moreover,
when he wont to Dsnnson, tho Muster in Chau-
cory, he was told lie must pay $40 before he
could get tho papers or his divorce.
,t Ez hhs lately tried hara to get ths cmnsl
cution, to induce Nlr. Reed to dismiss il,
md they went together to tho Criminal Court,
and, Oh Marks speaking about 1t, Mr. Reed re-
Nttz hoard tho unfayorablo decision, ho sudden-
ly recollectol ho wanted to see q man, and de-
parted without staying on tho order of his going.
Yesterday he happonod IN tho Court again, and
was promptly served with subpoena to bc aud
appear before his Honor Judge Williams, at 10
o'clock this morning, to toll oil he knows about
it, aud how man can have two wiyea at the
same time and yet not commit: bigamy. Jacob
Srhoenwald, the lawyer OF the first vito, will
Rlso bo preBont, either nolens or volenH, to give
his yiaw of the case.
Tho Judge remarked at the close that this
ought to bo investigated, and that such conduct
BY profeased lawyer would bring the whole pro-
foasion into contempt aud make them q dis
grace.
The lawyers OF Cook County owe it to thom-
aelves to at once make tho nacessary motion to
tho Supreme Court to hare Fittz expelled from
the bar. No false sonae Of nlodesty should do
ter them. for it iH no moroy to allow such, a bra-
zon-facea swind!er topraotice bis arts mora open
II than would ee tolerated III any other branch Of
crimo and duplcity.
Hartung, though showing want Of foeling
and hardheartednosB most revolving, seems, as
tile Judge np.ly remarked, to be moro sinnod
against than sinning. Marks atatod that on one
occasion 11artung, whom implied to BY his vito
for money, told hor to bring tho child to him
(he Was thon q butcher] md he would cut 1t up
into sausage:meat aud give her tho money.
Notwithstanding this, lie appears, though yory
carecsBly, to hago taken Fittz's alylco in regard
to lis second marriage in good faith. This owl
donce Of the powor OF oven wretch OF Fttz'a
stamp having such power for OWL renders It
doubly necessary that some step should bo taken
to drive him out Of ali society whero no could do
harm.