New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-28
WILLING TO CONVICT WOUEN.
JUDGE FITZGERALD THINKS JURORS ARA
INFLUENCED BY THE EVIDENCE ALONE.

INFLUENCED BY THE EVIDENCE ALONE.
Judga Frank T. Fitzgerald. of the Court Of General
Sessions does not agree with Assistant Distrc'-At-
torney Mcintyre that IL is impossible 10 convict
women Of the crime OF murder in the first degree.
because of the prejudice OF jurors against con-
derrning a 10 death. Judge FitzSera4o
smiled when he read the Assistant District-At-
torneys statement that he going to draft a Din
to accomplish reforms in the trial Of women indicted
on the charge Of murder in the first degree
The part which amused him was that In which Mr.
MCINTYRE proposed to take away from the Governor
BY legislative enactment the power TO PARTON women
after they had convicted OF murder In the Sec
ond degree under Mr.. McIn;yres proposed reform
legislation Unfortunately for this project the Con-
stitution of the State particularly gives the power TO
the Governor pardon persons convicted OF al
crimes except treason and those who have been i'm
peachsd and he may grant rcprieves In such cases.
do you think It is an impossblity. except in rare
and exceptional cases. to convict women or murder
in the first degree?' asked the reporter OF Judge
Il certainly do not" replied the Judge. Il think
recent cases IN tns o,a,e prove % am NIL, thaya
was that Druse woman who was convicted up the
Which is still fresh in the minds OF people The
jury found her guilty although the coAVlctcn was
reversed on appeal Then there Was ssb or nps
years ago. while was an assistant district
She Deliberately shot her husband After her ar:
resi- RECORDER Smyth and the Dlst-ict-Attorney had
consultation about It and they d,cldsd 10 allo" rss
TO plead guilty OF murder in the second degree Sns
did So and was sentenced TO life Imprisonment or
was about be, when there was great hue ana cTy
raised that the woman did not understand what sne
was doing when she pleaded guilty. ana that she
ought to have a chance 10 defend hersef IN a faiF
trial Ia .... enc D.s,r,.,. Arm.
ney finally decided to allow he. 70 withdraw me pea
done. At the trial her counsel raised all sorts OK
technical objections one In paticuar mat sne nav
ing convicted of murder In the Sc cond 1e
gree could not be tried for the greater onenee but
these objections were all overruled, and she was
finally convicted OF murder in the first degree. The
case appealed. and taken an the way 20 ,ns
Court OF Appeals and the conviction was ailirmeo
and she was sentenced 10 be hanged. but tne Cow
ernor commuted the sentence to life imprisonment
Srhe fact u.s. Jurors do their duty just as conscien-
tiously in cases OF women they do where men are
allowed TO go into the box az s ,ney yorms sss
and over again. in many viii IH' have
erect in their finding her guilty OF muraer IN b ,ne
rs the P Pro negye TO ali these
tons believe the rare indeed. wnere
the Juror does not do his duty where Woman y
concerned, just as conscentiorsly and fairly as "
"As a matter OF fact there are comparatively rev
trials of women for this crime, wniie there are
many trials OF men I have known trials o. men for
murder in the first degree take place IN ms cour.
i neWspapers or course whenever there is trla!
OF a woman for this crime there Is great deal said
"'s Eft therefore, becomes we'll known whenever .
woman is acquitted. but often nothing Is said %nen
escapes do not believe tMere are y, more ore
number tried than there are men In fact think
it question Of proof entirely In mSr1er ra
think a jury will convict woman just as soon az
WIN man But II there Of b s't defsoaan ,Ir ana
The proof is not Of a Gear and convincing nature.
the Jury will not find verdict for conycton In the
case OF man any more than they VIII IN that %
! a woman"