Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-02-03
FOURTH EDITION,
This nerpisx,s Coarr.


Court resumed proceedings At 10 o.
clocz this morning, with the Chief j us
tice and Associate Judges Wootten and
Houston on the bench. There was no
business transacted until 10 30 O'Clock,
when jury was drawn and the case
OF John fitzpatrick and Michael Nc
Gurgan was taken up tor trial, with
Attorney General Gray and Ii. II.
Ward, Eeq, for the prosecution and
John Biggs and Harry ShArpley, Esqs..
for the defense.
The case was opened by Mr.. Gray,
who after bri. fly stating the case 10 the
Jury, and what the prosecution intend
I'd 70 show, proceeded with the exAmi-
nation of witnesses.
b. Y. Richardson wassworn and tee
tified that be Is q civil engineer in
charge Of the Delaware Division OF the
Baltimore & Philadelphia Railroad.
About the time the pay nients were due
Tor the work done in september, be
notified the Chief Engineer 10 have the
draft for the money made cut TO his
order.
He received word that the draft had
already been drawn Ia favor Of Fitx-
patrick and McGurgau, aud he called
on them, when they, after SOME hesita-
ton, agreed 10 let him draw the money,
and he made the draft payable TO his
lclerk, Mr.. Carswell. After receiving
the money he went with Mr. Cars~ell
Ia mouse occupied by the contractors.
Fitzpatrick * McGursan, aud proceed
ed 10 put itin envelopes for the men.
WIS n about two-ihtrds Of the money
han been put in the envelopes, he was
called away, leaving his clerk and thu
contractors 10 the ru1n. He was after
warns Informed that the contractors
bad ahscot ded with a isr2e part Of the
money, and he drove % stanton and
Photographed 20 din. rent points 10 have
them arrested. Fitzpatrick x NcGur
gan had the contract 10 complete sec
ton of the road, but he claimed the
right 10 sec that the u-n we're paid.
Mr.. Gray producoi a contract be.
tween the Railroad company and Fitz
patrick * McGurgan, in which they
agteed TO complete sec ion % Of che
lew railroad before October lrt, 1854
The witness WAS cto.- examined al
some length by Mr.. Isigg-, but withou,
changing his direct testimony ia any
mayeriSi point.
William Is. Csrewe,l Was sworn, and
testified that be is clerk TO the pre-
vluus witness, and corr Jbora,ed ms
statement about the draft heiug made
out 10 his order He said that the
dram was for g ogi ~. and he had IL
. c..shed ~ The Farmers Bank The
witness described tue denominations 81
the notes, and the different kinds of
money lie deceived from the bank, and
sail that he put IL in small valis..
lie then went "a the office OF the com
pany In this city, where he me- Mr.
I.IchAnhson, and with him proc-ytie.t 10
the works.
1 Ifn TO- ~ l. u
by the contractors as their office, they
found that envelopes had been prepared
with each mans pane or number aud
be amount due him marked gu each
They Also found the payroll for III.
month. Tue witness TOOK the money
Tout OF the vaIi-r, aud counted II on i
table III the roon Mr. Richardson a.
1 sirt-d IN putting the money III the Ell
velopes for The men until they w-t,
} Parry done, ~h-u he was calie,i away
aud the ~ltuess dnlahel the work hun
self
After a.. the envelopes hal ID,
amounts they called .or placed in then
[ there WAS SIG left, which the witness
paid u the contractors, and the eEve
j., | .opes were p aced 10 "A leather yalis-
which was laying open on the hoor
McGarg.n then picked up the walls,
). and started out, followed by the wit
ness, Who thought thar he was going /,
pay The men, but on the way out hear
hln ray that he was going - pay Ia
honest debts with the money and III,
railroad company con d pay the men.
The witness replied " wei see abou
/. that, and returned 10 the room 10 a.
his revolver, but found Fitzpatrick anc
his cirTk, a uIau named Seaman, ant
G another man named Mack, who wa
their stable boss, standing in the room
and he did not enter. He knew tina
MeGuryau var armed, aud he did no
"ish 10 Try 20 stop him unless he wa
{ on an equal footing.
W hen the witness came down stair
/ again, he saw MtGurgan and Macl
u gong out he door, and when be reach
sd the road. lie saw a horse and bugy,
e with two men III IL leaving the place
the hors" Was on d ga.lop, and lie bt
i iiev.d the Two len were Fitzpatrick
y and McGutgau.
As soon As he witness could procur
D horse, h- reported the matter IT, MI
Richardson, and by his instruction
Proceeded u Newark and teleer ia phe
10 diff-rrut points. He was subjecte,
10 a reaEChIug croes-exam nation, W i'll
view oi showing that at the time tn
money VAS taken the railroad com pan
. owed the contractors more than enouZl
money 10 pay the hands.
" bile the cross examination wa
s stu IN progress the Court took rece-
AT l.. % o'clock until 3 o'clock this a.
lteInDDu.