Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-07-10
CORA CRIES IN COURT.
Tears Brought to Miss Wyatt'S Eyes
by Her Lawyers Eloquence.
FITZSIhM0NS REFUSES TO TALK.
He COnSults his Attorney and Keeps Off the
Witness Stand.
ANOTHER OF THE TRIALS ALMOST OVER

with eager spectators from the moment the
court opened until its adjournment at D
o'clock Fitzsimmons seems to have lost the
bravado which characterized him during the
opening days, and has settled down to
grave and attentive listener He has growna
trife paler, and there is now 4 nervousness
in his actions. Mr.. and Mrs. Clark
bear up well under their strain,
and Cora Wyatt, who has all
along put on a bold face, broke down COM
plctely yesterday afternoon and wept bit
tcrly. This happened while Attorney John
+. Cox was addressing the jury. The other
women in the courtroom, as well as some of
the men, were moved to tears at Mr.. Cox's
pathetic appeal to the jury for the youthful
prisoner. The Schmitt case is almost at an
end. All that remains is the Judges charge
10 the jury.
Mrs. Schafer, who formerly lived at lS3
ard 1875 Second avenue, was the first witness
of the morning. she testified that Clark was
at her house on January 81, She had known
him % years and his reputation was good.
Nicholas Farrel. of Homestead, saw Clark
and Cora Wyatt on a train january 81. lie
was shown a bunch Of KEYS taken from Clark,
and said it was not customary for machinists
to carry such keys. On going from the train
on which he saw the prisoners he found
crowd around Schmitt's store and heard OF
tho robbery.
DIR. Osborne, of Homestead. testified to
dressing FitzsimonnonS' wound in the lock
up. The wound had been received II hours
before, Judging by its appearance.
Dr.. Peerman. OF Homestead, testified to
treating Clark for hemorrhage of the nose in
january. Clark's reputation was good.
Character witnesses for Clark.
A number of character witnesses were ex-
amined and then Clark was recalled and
testified relative to the money orders he
had received from Fitzsimmons. He said
the note read: Enclosed find $50. will set
tie for the machine" He denied that he
had testified that he settled for the machine,
and denied that he had jewelers. price
book
Mrs. Clark was next sworn. She said she
had gone to see Laura Snowden about a ma
chine. Mrs. Snowden talked about the
Schmitt robbery, and said that Fitzsimmons
away. Mrs. Clark answered that she had
some of the jewelry. She was shown q ring,
and said she had had 1t on that day. 1t be-
lunged to 4 Schoolmate of Miss Wyatt.
On cross-examination the witness said her
visit to Mrs. Snowden was made on the day
the detectives were at the Clark house. She
said the jewelers. price list book found at
the house belonged to FitZsimmonS, and she
supposed Miss Wyatt had taken it to the
room to write letters on. Mrs. Snowden
told her if she had any goods she had re-
CelNeu from fltZSllnnOnS 10 ger r1Q OF them,
as he was suspected of the Schmitt robbery.
Miss Annie Lloyd was the first witness of
the afternoon. She testified to having loaned
Cora Wyatt ring which was one of the
rings worn by Mrs. Clark at the time of her
arrest. Witness testified that she never saw
Cora Wyatt with watch.
Cora Wyatt was then called. Her testimony
was that her home was in Uniontown, and
she came to Homestead in June of last year,
and lived with Mrs Clark, her sister. She
came down to attend school at Curry Uni
versity, to study shorthand and bookkeep-
ing. The watch she showed Miss Whalen
and Miss Hastings was given to her to carry
one day. 1t was given to her by FitZsinl-
mons. and the same evening she gave 1t
back to him, as he was to get a chain for it,
and that was the last she saw of FitZsim-
mons until he was arrested. Witness did
not know what business Fitzsimmons was
engaged in, but supposed him to be
Q drummer. She had no knowledge of the
Schmitt tewelry store robbery; when Mr.
Murphy called at their house he asked to see
that pretty little watch she had, and she re-
piled she had no watch. Miss Wyatt denied
telling Miss Whalen and Miss Hastings that
the watch had been given her as a birthday
present, but did say that she expected to
get watch from her mother. When she
gave the watch back to Fitzsimmons it was
in her sisters house. and her sister WAS pres
ent at the time.
Warned Not to Commit Murder.
Miss Wyatt denied ever being in Fitzsim-
mons room, and never talked with him
about watches or jewelry. Witness was in
the house on the evening when Mr. Clark
went downstairs, and called up that Fitz
simmons was there, and her sister, Mrs.
Clark called out, For Gods sake Budd go
out; don't kill anyone else"
Mrs Wyatt mother of Cora, testified that
Cora was Is years cid. Witness promised
Cora a gold watch when she graduated at
Curry's.
Mrs. Ellen Clark, handsome and mother
Unlocking woman, testified that she lived in
Cumberland, Md, and was a teacher in the
public schools. She is the mother of Charles
Clark, and visited him during last Christ
mas, having received word from him that he
was sick
At this point Attorney Reardon caused
something OF a sensation by calling Fitzsim-
mons as a witness. There was a hurried
consultation between the prisoner and his
counsel, Major Montooth, at the conclusion
of which FitZsimmons arose, and in answer
to Judge Slagle's query said that he refused
to be sworn.
oliver J. Sturgis and Mr.. Hunt testified to
having known Cora Wyatt since childhood,
and that she bore an excellent character.
This closed the testimony.
After short consultation bv the attorneys
for the defense, Attorney Cox submitted
some points to the Court. One was that q
wife cannot be Jointly indicted with her
husband. The defendants could not be con-
yicted of entering building to commit a
felony or larceny because OF the mere pos
session of stolen goods: again, the defend
ants could not be con yicted unless they re-
ceived property which they knew was
stolen, and there was no evidence of such.
Attorney Reardon submitted two points
First; that Laura Snowden WAS an accom-
plice, and the law specifies that such testi-
mOny must be received with caution, and
there can be no conviction unless it is cor
roborated. Second, that testimony of good
chan acter raises question of reasonable
doubt.
Mr.. Robb opposed Mr.. Cox's points ON the
ground that both MIR. and Mrs Clark had
testltled that neither had control of the |
other, SO that the points submitted were |
As to Mr. Reardon's points
Mr.. Robb held there was plenty of corrob- |
Oration.
Points Claimed by the Defense.
John F. Cox was the first to address the |
Jury. He called attention to the fact that |
they had been denied separate trials for the |
Clarks and Cora Wyatt. The purpose of |
asking separate trials was that certain testi- |
mony would he offered that would prejudice |
the case against their clients Mr. Cox
that the ClarkS and Cora Wyatt |
were not guilty of tho crimes charged |
. gainst them. The Clarks were unfortunate |
in having FltZsimmOns roomer |
in their house: otherwise their lib |
erty would not now be imperiled. |
had come to them and |
friendship, but as a matter of commerce. |
The first the Clarks knew of Fitzsimmons |
being suspected of the Schmitt robbery was |
on the 9th of March, when Detectives Muir |
speaker claimed that Murphy and Gilkinson |
had no right to go to the Clark house, as |
they had no warrant; they were mere citi-
Zens, with the word detective" attached to |
them, ana their only object was to |
gain a reward offered by Mr.. Schmitt |
The speaker held that Laura Snowden, /
who had turned traitor, was a self-confessed |
and lil1ened her to Judas Iscariot.
Mr.. Cox closed with most pathetic appeal
for Cora Wyatt, which caused that girl to
FRY bitterly and brought tears to Others in
the room, as stated above.