The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-28
FITZGERALD IS GUILTY.
The Second Trial Of the Highway
man Ends as Did the
First
Ii Took the Jury Only About
Fifteen Minutes to Come to
a Decision.
Closing Arguments of the Counsel on Each
ki~de-Judge Hunt WIN Impose he
Sentence This Morning.

The Fitzgerald case attracted a fair-sizeo
audience 10 Judge Hunts court yesterday.
The concluding arguments were to DO mace
before the jury and the crowd evidently ea.
pected the attorneys to do more roasting.
Attorney Smith paid his compliments 80 sne
police force and County Attorney Nolan
touched MP ex-Policeman Barrett. but there
was nothing sensational in the statements
Of either Of tho gentlemen. MT. smith
opened his argument BY saying that Barrett
was only m ordinary man. NOS WIN any
particular degree of intelligence. The tory
Barrett told on she witness stand" contin-
ued Mr.. Smith, 'is a circumstantiai one ana
/ do not believe he has the ability TO make
~ such q story. He 10 one Of the Helena
police gang, and the only difference be-
tween him and Callahan and Martin is that
he has lied once and they have lied twice"
Referring to the motives of the police de-
partment for desiring She conviction OF
Fitzgerald, the attorney said they would
be found in the attack the pria-
snsr made ON the department. through
the Helena journal, and in the desire OF
the public officials to make regulations as
GOOD officers. MIR. Smith referred to al
legged discrepancies in the OF
Detective FinneRan n Officer Martin ana
referred to Officer Flynn as the honest wit
ness in the case. "They put Flynn,"he con-
tinued, where the whole Steamboat block
would be between him and the hold-up.
Now let us sec what sort of a mar Callahan
ID. He is such o moral coward that he did
mot have the nerve to stav down there
whore he had placed his men," REFERRING
to the contradictory evidence given by
Martin, Finnegan and Barrett, rs to Ser
peant Callahan's Instructions. MIR. Smith
said that none of She officers had 1nequiyo,-
callv denied that such orders as Barrets al
legged were given. ..They all say, except
Barrett, thai there was no time fixed to get
TO the meeting place, yet they all got there
within five minutes of each other, ne CON
tiuued. callahan, Finnegan and DAILY
ought TO be taught such a lesson as they
will never forget; Il they haa tnsir Jus.
to-dav. III this poor devil, FITZGERALD.
should be convicted. it means that the very
foundation of our laws is at stake, and thai
no citizen in the community would be SAFE
from such men as DAILY"
Col. Nolan followed, closing the arRu-
ments. .'Vituperation and abuse, / take
it." he said, carry but little weight before
q jury. There 10 nothing in the evidence In
shis case to justify the abuse of counsel.
and it will have no effect when you come 10
consider the merits of the case. There was
reason in the position taken by Officer
Martin. No case could have been made
against Fitzgerald unless the man upon
whom the attempted holdup was COM
mitted could be produced in court, or his
evidence. Therefore. when Fitzgerald was
safe in Jail Martin returned to the scene &c
find the victim. Counsel saws the polioe
10 so constituted intellectually az not to bt
able TO conceive such a story as they tell
Col. Nolan then went over the story told by
Callahan and Martin, and said: "These
are the facts, and it is the skeleton or
which Barrett built the story he told on tbs
stand. Suppose Daily was not in the en-
aid were arranging to burgiarize a house
Don't You think they would perfect the de.
tails before they actually committed ths
crime? Barrett is absolutely unreliable al
a witness. He has told you positively that
he is a perjurer in the case"
You are confronted" said the county
attorney, with the theory of the defence
that Fitzgerald went to the depot without
any object save to kill time. Do you be-
lieve that, or do you believe she story o.
DAILY that they had an object in going Il
the depot? How did they spend the tw'
hours at the depot? Days story is tina
they came up town. You must take tht
testimony of the officers against thatof Bar
rett. honeycombed as it is with perjury"
At the conclusion of Mr.. Nolan's argu
ment, Judge Hunt read his charge to tn
jury. The latter retired and was out onl,
fifteen minutes, returning with a verdie
of guilty" No punishment was fixed b
the jury. that matter being left to tn
court. Judge Hunt will sentence Fitz
gerald to-day. Meantime he will remain
In the county jail here.