Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-24

close the door, nor did the witness nor Gill
kinson try to catch hold of her. He did not
fire after he left the house, nor did Fitzsim-
mons come to the door and fire after him.
Nor did he call Mrs. Fitzsimmons a "hell
cat" when he went back to the house,
Andrew Doenges and Peter Doenges
who went back with Murphy, testified that
he did not call her 'hell cat"
Mr.. Marshall submitted his points in re-
lation to the charge to the jury. Judge
Ewing glanced at them and said: ''You
didn't write these Mr.. Marshall?" to which
the answer was: ''No, but they came from
good source"
District Attorney Burleigh, in his ad-
dress to the jury, said there was no mystery
in the case. Gilkinson went to the house of
Fitzsimmons to execute lawful warrants,
and he was killed there. Mr.. Burleigh
made close analysis of the testimony.
BURLEIGH CLOSES HIS PLEA.
He held it was very strange that Mrs.
Fitzsimmons knew nothing of her husbands
movements as she claimed. He held that
she was unworthy OF credit; that she did
know what he was doing, and carried out
ment. He asked for a verdict in accordance
with the facts, and without regard to public
clamor or any sympathy the jurors may feel.
The court room was crowded when the
trial was resumed ut l:30 O'Clock, standing
room itself being greatly in demand. The
audience was made up almost exclusively
of ladies and lawyers, and the interest taken
in the arguments continued until court ad-
journed a little after O'Clock.
w. A. Challinor, Esq, of the defense, made
the opening argument in. favor of the de-
fendant. He explained that Major i. y.
Montooth was threatened by typhoid fever
and could not be present to make an ad-
dress. Mr.. Challinor claimed that the case
was a peculiar one, its distinguishing fea-
tures being conjecture and doubt that Fred
erick Carrolton Fitzsimmons was not on
trial. but his wife was, and that the tes-
timony against hi1c could not refer
or bear on the present trial and that any i'm
preSsions they may have formed as to the
guilt of the fugitive must be rejected. He
argued that Mrs. Fitzsimmons was justified
in carrying firearms even on her person, be-
cause the house she lived in was isolated to
considerable extent, and that Mr.. Fitzsim-
mons so frequently away that the de-
fendant needed protection. He argued
further that she was not on trial for any
crime she may have committed to Detective
Murphy, that what she had done to him
could not bear on the case, that these detec-
tives, Murphy and Gilllinson, were at the
house for gain and not for any high motive
of duty nor of law. He claimed that the de-
fendant had cause for alarm by the way
Murphy approached the house.
CALLS THE PROSECUTION CowARDs.
In regard to q statement advanced by the
prosecution rs to why the defense had not
brought the doctor and warden from the Jail
to corroborate the testimony of the defend
ant, that her arms were black and blue from
the treatment of the detectives, the speaker
said: "Why didn't the prosecution bring
them? 1t was their place to do so if they
wished to contradict Mrs. FitZsimmons.
They were afraid. Now, MS to the revolver.
Sue got it from cupboard and did not have
it concealed upoE her person, nor is there
any evidence TO show that she fired single
shot She took her husbands side against
men she presumed were strangers. We do
not ask sympathy, but we do ask Justice"
Thomas NJ. Marshall, the principal attor-
ney for the defense, was the next speaker.
In opening he said: 81 am not sure what the
prosecution is aiming at or what kind of q
verdict they ask, whether murder, assault
and battery or disorderly conduct"
Mr.. Burleigh replied: Il think the jury IN
derstands what we want, If not l will say
now that We ask for verdict of murder in
the first degree"
Mr. Marshall then continued his address.
He spoke of the power of the jury. and placed
it above that of the court, the State or
don Il man, but you have tho power to
destroy life to take it away, the very life
given by God, the divine gitt, as it were, or
YOU may say as Christ did Go, and sin no
more never heard of such u case as this
where they ask for n first degree against q
woman WHO is not even accused of having
fired shot, but, of course, they ask for it
and are happy to get something"
The speaker then spoke eloquently of
Pennsylvania strong, great common wealth,
with its 100000 of people. and said: "Oh.
people that this old woman should be in
carcerated. deprived of her liberty or
strangled to death with rope. Is Pennsyl-
vania afraid of this poor woman?"
MARSHALL RoAsTs MURPHY.
He then examined the warrants, reading
one that was sworn to by Mr.. Murphy and
referred to the condition and surroundings
of the house where the murder was commit
ted and then spoke sarcastically of Murphy
going to Bull Run and how it proved verit-
the house Murphy rolled out lies and lies
and what did the defendant do? Why she
lied too. What treachery! Speak of the
Garden of Eden, of the serpent and the
seducer, why we can express their wicked
ness in two words a 'consta table-detective'
Mrs. Fitzsimmons knew that Fred was her
master and she his slave. She did not
know his business and whenever she
asked she was told to mind her own bust
ness. As to the revolver in her apron, Mr..
Murphy can't swear that it was there; he
don't know, and yet the prosecution want
you on your oath to find that she did have
it. And this detective says he did not push
Mrs Fitzsimmons to get into the house. 1t
is lie, lie, and no one knows it better
son was lying on the floor dead and this
woman was not even i'll the room. From
Murphv's own testimony Fitzsimmons fired
four Shots three in rapid succession, and
the woman rushed in the room, but Gilkin-
son was then lying dead. Is she then to be
held fora shooting she was in no manner
Identified with?''
Mr.. Marshall here read few sections of
the will and testament of Robert Fitz-
simmons, the father of tile fugitive showing
that the latter had been left considerable
money, and that his absense previous to the
shooting was due to the fact that he was in
Canada securing the money and had one
draft Tor $500.
ANXIOUS TO FIND A SCAPEGoAT
The speaker then spoke sarcastically of
the work of detectives, and claimed that
they were willing to allow Mrs. Fitzsimmons
to perish rather than allow no one to suffer
for the crime of f.. G. Fitzsimmons.
He also indulged in a number of sarcastic
remarks about statements of the prosecu-
tion and of the prosecutions disappoint-
ment that they could not placard the town
with announcements of the execution OF
Fitzsmmons, and how the prosecution
wished to make amends for the escape by
hanging the wife. He also spoke of the
satcnel and claimed that it had been left ut
the house. but on the day of the murder
and that Mrs. Fitzsimmons could not lave
been aware of its contents. In conclusion
Mr. Marshall cautioned the jury against be-