The evening world., 1894-05-29
F|NO HER NOT GUILTY.
Mrs. Fitzgerald Acquitted of Car
RE Pearsall's Murder.
Jury Out Seven Minutes and Only
One Ballot Taken.
Remauded to the Tombs Pending
Decision as to Her Custodian.

Mrs. Catherine NJ. Fitzgerald was ac-
quilted of the murder of Mrs. Carrie
Pearsall to-day at 10 o'clock In the
Court of General Sessions, the jury hav-
ing been out just seven minutes.
There was only one ballot.
When Foreman Abrahams announced
the verdict in a loud voice, Not
guilty" there was applause by hand
clapping. In which everybody In court
seemed to join.
John j.. Fitzgerald, the husband, whose
years of neglect and unfaithful conduct
have been alleged as the cause OF her
insanity. came into court in time to
hear the verdict.
Mrs. Fitzgerald fell back in her chair,
her sister. Mrs. MCGOWAN. wept on her
shoulder and Fitzgerald patted her on
the shoulder soothingly. while Judge
Cowing discharged the jury. thanking
them and telling taem that he didn't see
how they could have arrived at my other
verdict on the evidence presented.
Mr.. House asked for the immediate dis
charge Of his client. but Judge Cowing
declined to grant the request. He said:
! In view of the testimony of DR.. ia
cobb and DR.: Gray that Mrs. Fitzgerald
Is liable to have another violent attack
duty to commit her to some asylum.
But, under the circumstances, l will
commit her to the Tombs until Monday
next when viii listen to such motions
DR.. Dana and DR.. Hamilton testified
that they believed that Mrs. Fitzgerald
lapse improbable. Mr.. House will have
her examined again carefully and will
try to secure her release.
Scores of friends crowded, about Mrs.
Fitzgerald and congratulated her on her
, escape, but she received II all without
any show of emotion. She shook hands
and received the embraces of her female
friends, but returned none OF their en-
thusiasm.
She was taken back to the Tombs.
There were 200 members about the
house. but si Deputy ef Sheriff Il b sae n's and
Mrs. Fitzgerald made his exit by the
north door n passed through the
observed. The crowd fingered awhile
and then dispersed.
The courtroom was crowded when
dress this so morn Hesan MRS h.s G FitnEeFai as
fifteen-year-old boy, Raymond, sat be-
side her. while her husband, for the
greater part OF the time, walked about
enter.
MIR. House said he was at a loss to
kno% what argument Prosecutor Vernon
NJ. Davis would advance for the convic-
ton of Mrs. Fitzgerald in the face OF the
overwhelming evidence gathered from the
lips or every witness both for the prose-
dllu IOT u ueleTSt InaI Inc WO-
man was mad, stark mad"
Can 1t be made palmer" asked Mr..
House impressively that when this poor
woman fired the shot that ushered Carrie
another judge. to answer for her wrong
deeds here on earth. her reason was
clouded, her mind a chaos and she was
act?
Can there be any doubt that when
she fired thai shot she was incapable OF
quality and consequence of her act?
The then prosecuting officer of the coun-
Y, De Lancey Nicoll himself, we asked
the same question. and we engaged one
or the greatest experts In the world,
Allen McLan Hamilton, to xamine her
and decide for us. He did so within
twenty-four hours after the shooting and
as a result we frankly answered that our
defense would be that OF insanity. Not
emotional insanity, but a diseased condi-
tion of mind Of long standing"
After telling how the prosecutor,s pvt
have been insane. Mr.. House spoke Of
Mrs, Pearsall,
tn she hs,5 new sleeps in the silent city Of
forever, and it would be unkind. cruel
and cowardly of me to say one word
against her: but she had achieved the in
sane hatred OF this poor wife, and she
comes prominently into this case. arrie
Pearsall went to her death. and this poor
woman is here to answer for 1t. and the
great scientists say that she was mad,
and the explosion came on Oct. 2. 1893,
ITO declare this woman guilty, you,
Gentlemen Of the Jury, must say that
these great medical men. Macdonald,
Flint, Hamilton, Jacob. Gray and Dana.
have not spoken the truth under oath on
the witness stand"
Had Catherine NJ. Fitzgerald, been
other than what she is," said Mr.. Howe;
had she not been the sister OF one OF
the highest police officials OF the city,
she would never have been put on trial
before n high official, and htc prosecu-
tor did not dare to risk the accusation
of having favored her because OF that
conviction"
Assistant District-Attorney Davis fol-
lowed for the prosecution in a carefully
prepared speech in which he pointed out
that the murder did not at all seem the
work OF an insane
Then Judge Cowing charged the jury.