Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-25
MRS. FITZSIMMONS GUILTY.

The Jury's Verdict in the Second Degree-A
New Trial to BE Beginning
of the Hearing in the Clarks-Wyatt Case
as Accessories.
1t is in the province of the Court TO sen.
tence Mrs Lucy r. Fitzsimmons, wife Of
the fugitive, TO as many as - years in the
peuitentiary. Her trial resulted yesterday
in verdict of guilty of murder in the sec
ond degree.
When court opened in the morning Judge
Ewing charged the jury. He said Gilkin,
son and Murphy had a right to be at the
house, and that they did right in forcing
their way in when Mrs. Fitzsimmons tried
10 close the door. The fact for the jury to
determine was what part Mrs. Fitzsimmons
took. and was she acting in concert with
FitzSimmons" He said the verdict, it seemed
to him. must be either first or second de.
gree. Counsel for the defense had asked
him TO charge that it could not be first de-
gree; this he would not do. Counsel for the
prosecution had asked him TO charge that it
could only be first degree; this was matter
for the jury
The jury retired shortly after 10 O'Clock
and At l:i5 came back to the court room.
Mrs FitZsimmons faced them without show
the foreman handed in the verdict OF
Guilty of murder in the second degree. y
Among the people about the court building
who have watched the trial the verdict was
generally approved.
Mr.. Marshall says he will file motion for
q new trial lie has several days in which
to do this. His reasons for asking for an
other trial he wouldn't state.
THE CLARKS-wVATT TRIAL BEGUN.
The trial OF Charles NJ. Clark, his wife,
Emma Clark and Cora Wyatt, the sister of
Mrs Clark, charged with being accessories
after the fact to the murder Of Detective
GHknson, was begun yesterday morning
Judge Ewing presiding. The prosecution
WAS conducted by John S. Robb ard Ii. L.
Gochring the defense by Attorneys John
7. Cox. William Reardon and w. j. Bremen
District Attorney Burleigh took no part in
the case, he having been the counsel for tn
CIaTks prior TO his appointment 4 large
crowd was present, and an interest was
manifested equal almost to that shown in
she proceedings against Mrs. FitZsimmons.
Mr. R~bb opened the case. He explained
what constituted San accessory after the
fact, ' and detailed the circumstances that
led to the death of Gilkinson. He referred
70 FlrzsimmonS going to the house of the
ClaTkS, remaining there over Sunday: of
the dressing OF the wound, his being fed and
cared for Mr.. RobD claimed the Clarks
were aware Of the murder and who had COM
mitted If, and were therefore guilty of being
accessories after the fact.
Detective T. j. Murphy was the first wit
ness He related the story of the killing of
Gilkinson. and told of his going to the Clark
house March 9 10 find a stolen sewing ma
chine. Mrs. Clark denied it was in the
house, but upon Il search being made it WAS
found in a bedroom. on March l9 he again
went TO the Clark house to find Fitzsim-
mons for whom he had warrant, in con-
ncction with the Schmidt robbery. Fitz-
simmons WAS not there, and Mrs Clark said
she thought the story OF the robbery was
fake. Mrs Clark, he said, remarked tina
FitzSimmOnS could not come back to the
house because he owed $50.
\ recess was then taken until the after
noon. When court recOnvened at l O'Clock
the examination of Murphy was continued.
lie exhibited the search warrants for FitZ-
simmons house. They were made out on
March "A, the date on which he learned Fitz-
simmons name.
UNSUCCESSFUL IDENTIFICATION.
Rosa Brown was next placed on the stand.
She lived in the rear of Clarl1's place. She
saw FitzSimmOns when he roomed in Clark's
house prior TO March q. On sunday, March
%. she saw q man at the window of ClarlIs
house, but could not say if it was Fitzsim-
mons. Detective Murphy, recalled. identi-
fed a satchel as the one found at the head of
Gilkinson when the latter fell dead.
County Detective Beltzhoover identified
the same article as the one found in the hol-
Low stump near FitZsimmOns' house and
containing the fugitive's papers and stolen
John F. Schmidt identified the iewelry as
that stolen from him.
Or GLADDEN.. of Homestead heard of the
murder saturday evening, March 81, and on
the following evening he saw shadow on
the second story window at Clarks house.
1t looked as IL some one was dressing a
wound on the shoulder or neck. After FitZ-
simmons WAS arrested that night he exam
ined him and found q wound on his left
shoulder. The witness was instrumental in
havin" the mouse of Clark watched, thus
leading to the arrest of Fitzsimmons
Mrs. J. T. Henning. who lives near the
Clarks, heard footsteps about 4:3O O'Clock
Sunday morning following the murder. in
front OF Clark'S house. Charles Gassell and
DR. Baker were called, but had not heard
the footsteps.
Constable r. R. Colvin and Officer Meal
lister related the story of the arrest of FitZ-
simmons, how he had been seen in Clark's
house, and chased and caught when he came
out.
CHARLIE CLARK TELLING HIS STORY.
Charles NJ. Clark, one of the defendants,
was called for the defense. He testified that
he was the husband of Mrs. Clark that he
lived on Fourth avenue, Homestead: that
he had known Ambrose q. Budd CFitZsim-
mons) since January. 1890. At that time tho
latter came and rented a room from the wit
ness remaining until February 81 1891. The
witness was machinist and oil driller and
employed at Wilmerding. lie was seldom at
home. He said
"BUdd seemed to he n kind of peddler, rs
he sold umbrellas and mats on the streets
As a rule lie was not home oftener than
twice week. ] never knew MIN by the
name of Fitzsimmuns until 1 read it in the
papers after tie murder. At S O'Clock P NJ
on Sunday, the day after the murder. he
came to our house and entered as he had
keys. ] tirst knew of his presence by hear
ing noise downstairs. We were all un-
stairs at the time. / went to the head of tile
stairs and called who's there?' and some
one answered Nc, i;udd.' | took a lamp
and went down. He had n brush and was
brushing his clothes ] said, MY God, what
brings you here?' lie said. = am hungry al
most starved, and am shot / said, my
God, You have killed Gilkinson.' lie re
Piled, For Gods sake, give me something to
eat l said. For Gods sake, go and give
Yourself up My wife came down and she
SAID. For God : sake, so ana give yourself
IN. lie begged so hard for bite to eat that
] wrapped some bread and meat in Il piece of
paper and gave it TO him and told MIN to 90.
| would not let him eat it in the house. He
went out the front door, and l did not see
him again until / was called to identify
him.
Tho witness was still on the stand when
Judge Ewing ordered an adjournment of
court until this morning.
Voting Against Women.
Gottleib Colder is home from the German