Omaha daily bee., 1889-05-05
MURDER In THE FIRST DEGREE
mae Charge Fitzsimmons Will
Answer at the May Term.
Auditor BenIon's Statement-The
Mcintyre Divorce Case-The Table
Club--Penitentiary Pointers
appointments.
THE STATE EXPENDITURES.
LINCOLN BUREAU OF THE OMAHA Ben,
1929 p STREET,


Fitzsimmons will answer to the district
court on the charge of murder in the first
degree. The young man had his preliminary
hearing this morning before Judge Stewart,
and the story of the horrible tragedy at
Waverly, in which William Reed was killed
by blow from billiard cue in the hands of
the accused, was vividly retold by the wit
nesses for the state. The testimony simply
confirmed the story already known. Fitz-
simmons and the deceased, with many
others, attended u ball al Waverly on the
night of March nth, when, in heat of pas
sion and wildly drunk, the accused struck
the fatal blow. Tho prisoners friends, some
of tbom, say that the blow was struck in self
defense, but no testimony was introduced to
confirm this statement An Older
brother had got the worst of 1t in
set TO with Swede, and to
revenge his brothers. defeat Richard took o
hand in the deal after quiet had been re-
stored, with the sad result already known.
The lawyers for the state and the prisoners
counsel had squabble over tho grade of the
crime. The prisoners attorney contended
that II was manslaughter, and hence baila-
BILE offense. But the court abruptly ended
the dispute by Dronouncing it "murder in the
first degrcee," !" under the testimony adduced,
and remanded the prisoner to the county Jail
without bail. Fitzsimmons will probably be
put on trial for his life during ths term of
court commencing May 8.
State Expenditures.
Auditor Benton has prepared statement
of the appropriations of the last legislature.
The total amount was So, $50, 32S. IS. For new
buildings and repairs, S316, $40. OF this $50,
900 is for the home for fallen women at Mil
ford. This was the only new building pro-
vided for. Two years ago the appropriations
for new buildings amounted to Ss23, .65.
Tho appropriations for salaries of members,
officers and employees OF the legislature was
$l03, 3,6S962. For miscellaneous expenses of
the legislature, S55, 1880. The judiciary aud
library receive s222, ,sl97o. Executive de-
partments, Sls9,2S4; miscellaneous, S6S,-
497.04; incidental, 81, ,s9a, ASIA.
PenitcDtiary News.
The state penitentiary now has more in
mates than ever before during the history of
the institution. "Thcre are $50, all told"
said Warden Hopkins To The BEE repre-
sentative, this morning; OF these a56 are
convicts and three 'safe keepers" Since
the report for April l have received four
new prisoners, who were sent up for terms
ranging from two TO three years. Otoe
county furnished this grist Of precocious
rascals Two Of tho number were sentenced
for stealing horses from General Van Wyck
and two for burglary. ] expect four more
from Aurora Hamilton county in a day or
two. That number are now under sentence
from that county; During the current
month there will be but nine exprations
and month hence much less number
judge that the pen viii soon be in crowded
condition, IL may base an opinion 40 10 this
upon the late SENTENCES and the number OF
criminal cases IN the courts in different parts
of the state. BY the by, the safe keepers
are from Box Butte, Hail and Custer coun.
ties. The authorities were afraid OF "neck
tie'' parties II These gentlemen were moi
looked after with sollcitous care The Boa
Butte man is in for horse stealing, tho Hal
county man for barn burning and herss
stealing, and the Custer county man foi
murder. He 10 the party vino shot aud allied