Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-29
MURDER BY A TRAMP.
FitZpatrick's Sole Defense for the
killing of Samuel Early.
A CLAIM THAT HE WAS DRUNK.
The Prosecution Insists on a Verdict in the
First Degree.
OTHER WORK OF THE COUNTY COURTS

Patrick Fitzpatrick was placed on trial
in Criminal Court yesterday for the mur-
der of Samuel Early in Mulvehills saloon,
81 Eleventh street, September q Judge
Ewing presided and District Attorney Bur-
leigh has charge of the Commonwealth s
side of the case, while J. McF. Carpenter
and O. P. Scaife ,Jr, represented the defense.
In opening the case, Mr.. Burleigh recitcd
the main facts as the Commonwealth cx-
pected TO prove them, and then asked for a
verdict of murder in the first degree.
DIR. j. Guy McCandless was the first wit
ness called He testified to holding the
post mortem on the deceased. The wound
was in the groin and was about three inches
long and two inches deep; the femoral
artery had been cut and the wound was
necessarily fatal. Early was a man about
SO wears old and of strong physique.
William Pyne, harkeeper at Mulvehill's
saloon, testified that Early and Fitzpatrick
were in the saloon on the night of Septem-
Der and had quarrel. The witness did
not know how the quarrel started, but saw
Earlv's hat knocked of. Fitzpatrick was
put out of the saloon, and few moments
later Early was told to go home. He
started out but reeled back into the saloon
and gasped: ''Look therc!'
HOW FITZPATRICK WAS CAPTURED.
The witness then chased Fitzpatrick and
found him standing at the next corner. He
turned the defendant over to an officer. The
witness said that both men had been drink
ing, but moderately.
Inspector John McAleese testified TO
knowing the defendant. and seeing him on
the night OF the murder at Central station
The prisoner was lying the bench in a
cell, and when the witness called him he re-
piled, go to -" The defendant finally
got up and the witness said to him: That
man badly hurt and the defendant re-
piled: - 1t, he's dead, and you can
swing me as soon as you like I'll
swing anyhow" The prisoner then told
him he did not know Early, and never
met him before. He said that the knife he
used belonged to Early, and that he threw it
away in Spring alley. The defendant also
told the witness that his father and brother
had been killed and that he had the curse of
his mother and God on him. He said that
they had a row In the saloon and that they
put him out and Early followed him. The
prisoner also told the witness that he had
recently been in jail at Lancaster, having
been arrested there with a lot of tramps.
w. A. Thomas, colored, porter at
Weithaus' store, testified that he was stand
ing within % feet of Mulvehill's place on the
night of the murder. He saw the barkeeper
put Fitzpatrick out and saw Early come out
a short time after; he saw the defendant
strike al Early, but did not see knife in his
hand.
Detective Robert Robinson corroborated
the testimony of Inspector McAleese.
At this point District Attorney Burleigh
offered in evidence the knife used by the
defendant: also the clothing worn by Early,
after which the Commonwealth rested.
DRUNKENNESS THE DEFENSE,
Attorney o. P. Seattle opened for the de-
fense in brief address, and the defendant
was called to the stand. Before he began to
tell his story, however, DIR. Chessrown was
called. The doctor, in his capacity as Jail
physician, testified to seeing the defendant
at the Jail, and treating him for indigestion
brought on by dissipation. His mind was
daZed, and stayed SO for several days. The
doctor is still prescribing medicine for him.
On crosse Examination he said the defendant
had been drinking to excess.
Fitzpatrick, the defendant, was then
recalled. He told rambling story, and
it developed that he was a tramp.
He told of working at different places
throughout the State and in this city, to be-
ing arrested at Philadelphia, and the au-
thOrities sendiug him to Il hospital for treat
ment. In answer to questions he finally
brought his exploits down TO the time of
his arrest, and said he had drunk a lot of
mountain whisky at Johnston, came here
some tramps and continued drinking hard
until the day Of Early's death, but did not
remember anything about that event.
The defense then rested, being unable to
produce any other witnesses. In rebuttal,
Joseph Zimmerman, who keeps a cigar
store on Liberty street; James MulYehill
the saloGnkeeper, William Pine, his bar
tender. and several others testified to seeing
the defendant the night of the cutting and
said that he appeared to be sober and in
different to his crime.
Mr.. Scaife then made a short address for
the defense, reviewing the testimony and
claiming the irrespOnsibility of de fendant for
blS act on account of his extreme lntOXicG-
tiOu. He asked for verdict of second de-
gree. Mr.. Carpenter followed him, and also
reviewed the testimony
District Attorney Burleigh closed the case
by a strong argument for first degree. He
also reviewed the testimony, ridiculed the
idea OF the defendants not remembering
the circumstances, and called him danger
Gus criminal, that ne had committed a foul
murder, and had been caught red-handed in
II. He therefore asked for a verdict of first
degree.
Judge Ewing then announced recess un.
Til O'Clock before he would charge the jury
Court opened again at O'Clock and
Judge Ewing proceeeed at once to charge
the jury. He did not talk long, but what ne
said was pointed. While he defined all the
grades of punishment, vet it appeared that
II the charge had any leaning it was toward
a first degree. The only loophole that the
charge seemed to leave for FitZDatrick Law
in the possibility of the jury finding that at
the time he killed Early his mind was so
clouded by liquor that he did not know what
he was doing.
The jury retired Mt 7:3c. Judge Ewing
waited over an hour, and then there being
no sign OF a verdict, he remanded the pris-
oner to jail and adjourned court. During
the hours wait Fitzpatrick sat unconcern-
ediy in the dock reading an evening paper
one OF the tipstavcs had loaned him.
Tn