The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-02-08
TEN YEARS FOR ARSON
Father Fitzgerald Sentenced
Today Says He Is Inno-
cent and Appeals.

ROCHESTER,, NY, Feb. s, 1S96.-There
was an immense crowd in the County
Court Chambers this morning to witness
the sentencing of the Rev. John H. Fitz-
gerald, ex-pastor of Holy Cross Catholic
Church at Charlotte, who was found
guilty of arson in the second degree for
burning the parochiaI school at that
village on the night of July 16 last, for
the insurance. John Cronin, the priests
hired man. who applied the torch, is
now serving seven years, and Nora Gro
min, Johns sister and housekeeper for
Father John,' is in jail here awaiting
trial. indicted for the same crime.
Judge Sutherland took his seat on the
bench at ten O'Clock. Father Fitzgerald
entered the room few minutes later,
accompanied by Jailer Carthra, and took
chair next his attorneys, Mr. Cham
berlain and Mr. Sullivan. Mr. Sullivan
made the usual motion for new trial,
which was denied Dy Judge Sutherland.
District Attorney Forsyth then moved
the sentence of John M. Fitzgerald.
Father Fitzgerald arose and stood before
the bar.
Have you any legal reason why the
Judgment of the court should not now be
pronounced upon your inquired Clerk
Hunt.
Father Fitzgerald, ssto say q few words
at this this II time WITHOUT fear or trembling
spect to your Honor. that am inno-
cent of this charge That neither did
direct nor instigate the crime of arson in
or any other time during the term of my
existence in Charlotte; ] further declare
or any indication or manifestation. have
/ instigated any person or persons to
commit the crime, Of arson. am inno-
In answer to the questions prescribed
by law he said ne was born in ireland
and vas now forty-nine years Of age;
ceived a regular clersyman's education;
was temperate and was never convicted
before
Judge. Sutherland in passing sentence
then said:-"John M. Fitzgerald. would
not wish to say one word to add to the
tried before a fair and Impartial jury,
who showed that they held no ill-will
towards you by adding. to their verdict
tended to. you by the Court. You were
defended BY counsel Of great ability who
consummate skill. They did not fail to
take advantage of every point that would
tend to your advantage. It only remains
Court. do SO, bearing in mind that. re-
commendation for mercy. which the jury
gave The Judgment Of the court is that
of arson in the second degree be confined
in the State Prison ait Auburn at hard
aPst Pa.her p Fitzgeraid iI received re his sentence
without tfinching and left the court with
his attorneys for Justice Nashs Cham
bers.
Mr. Nash granted certificate of rea-
sonable doubt as stipulated by the attor-
neys for the prosecution and defence yes
terday. Justice Nash's certificate read as
follcws:-
The above named defendant having
been, on the fifth day of February, 1885,
second degree, and Judgment having been
entered accordingly, and the defendant
having appealed from that Judgment, I,
Court of the State of New York, hereby
certify that in my opinion there is rea-
sonable doubt whether the said Judgment
should stand
District Attorney Forsyth was this
morning served with notice of an ap-
peal to the Appellate Division of the Su-
preme Court Fourth Judicial Depart
ment, from the Judgment of conviction
rendered against Father Fitzgerald.