The New York herald., 1876-12-20
THE FITZGERALD JEWELS.

CONTRADICTORY EvIDENcZ GIVEN YEsrERDAY--
COLONEL ST. MARTIN ON THE srAND--'HoR-
ACE. GO ROUND 10 YoUn uNcLE"--rHs BoYs
SLIP.
The evidence given yesterday In the case Of Mrs.
Bertha Snyder the boarding house xeepcr, OF No 50
East Fourth street. accused by Mrs Euseba Fitzgerald
OF San Francisco, with stealing box OF diamonds
valued At 81, 900, was OF = more positive character
than that given during any OF the previous days OF
the examination. The principal Witnesses Colonel
william S. Martin, Mrs Snyder the servant, Ellen
Dillon, and MRS Fitzgerald and her
The lrss witness placed the stnnd was Mrs. eny-
isiS; havc my husband and four children; have an
income from Germany. Colonel ST. Martin came me
hired board for Mrs. Fitzgerald, whom he repre-
board; when asked for The money Mrs.
Iiizscrald said TO her son. .'Horsce, go
round to Jour uncle" and then Colonel
ST Martin came and paid me ihe moncy on
the llh inst. she showed ma several 500 bills and
asked mo 4 ! had change as she wanted 70 pay me;
lying down. and Colonel 81 Martin was holding
smelling bottle TO her she told him about osng
tha, he did not believe her; before she packed her
trunks she said she was going TO Philadelphia un-
known 10 her b,o.her-in,iar tneanng coensl S.
sraphcd 10 Philadelphia and was surprised
that she had not heard from there; ON
Thursday morning she wanted 10 borrow 50 from
me, which refused TO lcrd went around TO Colonel
ST Martins office he had said he would be rcspon
sbie or her board and ask ed why she did not pay
me when he came TO the house she said, .Have you
no, enough sccurNy; have you not my trunks and my
dianonds?" San "Your damondsi why, you mus,
be crazy" then she said to her boy, "Iou saw her
take III say yes, say yes; you can be good witness
for your mother" never took her diamonds and know
nothing OF them.
rmH sEeyASr's STORY
Tho servant GIRL, Ellen Dillon, thr. placed on
the and Told her story has already been sub
stantialy published ir the HERALD. The msin point
o. her evidence that on last THURSDAY she saw
Mrs Fitzgerald wrap mp tho Jewel box IN paper and
take il out Of the mouse ON being cross-examined by
Counsellor McMahoa, who appeared for Mrs. Fiiz
gerald Mrs Snyder said that Nr Warner. whom she
understood had dealt in southern securities.
TO her house i've years ago ana boarded with
her years he arrested and locked up
IN the Tombs .cr thirteen weeks accoun; OF deal
ing irregular bonds; she never knew that he
accused her OF fobbing MN there WAS not any rob-
berry committed in her house while Mr.. Warner
living there and she did know OF his having been
robbed The reason OF this cross-cx ANIMATION was
that Mrs. Fitzgerald received an anonymous postal
card, stating that Nr Warner had been robbed while
in MRS. snydcr's house. A subpoena was issued Tor
Mr Warner, who is understood TO be engaged in tho
business IN sixth avenue. near Fourteenth
street.
Mrs Fitzgerald was then recalled, and testified that
she married to her first husband, Robert Lee on
February 10. 1863 in Philadelphia; she was divorced
from him March s. 1915, the ground OF divorce
being adultery on his part She was married 10 her
name was Eusebia wooliey. and Judge wooey, OF
Lexington, Ky, was her father. She first intro
duced Colonci ST. Martin In the Office oil her husband,
Robert Lee No. 100 North Sixth street, Philadelphia
thirteen years ago She did not form his acquan
for the drs me in Philadelphia last July, or meet him
on Thirteenth street. She met him in Philadelphia
Mrs Cameron's boarding house in Thirteenth street.
near Wnsiow.
THE UNHAPPY COLONEL
Colonel st. Martin was then placed on the stand He
stated that in Lexington, Ky, years ago, he met
Kober. Lee; he did not know whether Leo
ricd or not; did not see any lady with him
Mrs Fitzgerald until he met her in Philadelphia last
Juy he met her az No. lo9 North Sixth street;
take a meal until three years ago; he
knew any one named Lee in Philadelphia and
was at No. 100 North Sixth street; in 1853 he at
Matamoros; he then held the command OF colonel in
the Confederate service; he Joined the army IN 1861
and laid down his sword VIXEN Robert F. Lee sur
rendered in April, 1865; when ne Mrs Fitzgerald
Philadelphia he was in full uniform with tho adju-
tans OF his regiment
Mrs. Fitzgerald's son was then placed on the stand
He added startling statements to his previous
testimony, among which was the assertion that Mrs.
Snyder, in addition to ciutchng him by the and
diamonds ~ added, t.lf you God viii strike you
deadn He did not then say that she did because
she frightened hia. on Monday evening, before his
mother went out with Colonel St Martin, she placed
the Jewel box under his pillow. He icl asleep and
awakened by Mrs Snyder putting her hand either
under his pillow This was all new evid=nce and
not previously gwen by the boy But the most ok.
traordnary testimony given by him reply to
question by Counsellor Price when said =. saw the
Almonds ON Wednesday and since. " The alleged rob-
berry supposed to have taken place on Wednesday
afternoon. No sooner had the boy made the state.
than the Counsellor sad, And since? Where dle
you them?' Young Lee said he had made mis-
take
The exan,,nat.oa was then closed. Counsellor Price
said he willing 10 submit tho case 10 the Court
withou: any argument, but Counsellor Mcmahon,
behalf OF Mrs. Fitzgerald said he would like 10
up. Justice Bixby said he would hear hun on Wedncs
day morning and then render his decision During
tho progress OF the examination Mrs. Fitzgerald en-
deavored to ascertain from he HERALD reporter the
address OF the California lady whose statement was
published yesterday, but when asked II she had any
statement to mako in contradiction OF said sho
not prepared to do SO.