The Providence news. (Providence [R.I.]) 1891-1906, 1897-05-12
Mrs. Fitzpatrick Will Not
Return to Husband.
Sister Says Fitzpatrick Point
ed Pistol at Wife.
Br0ther-in Law Also Gives Testi-
mony Against Respondent.

New York. April l2.-The taking Of
testimony in the suit for separation
brought by Katherine Fitzpatrick against
Charles j. Fitzpatrick, son of jeremiah
Fitzpatrick, a wealthy glass importer, was
resumed yesterday before Judge Pryor
in the Supreme Court.
An attempt was made 10 bring about a
reconcil lation of husband and wife, and
Judge Pryor was asked to uso his efforts
IN that direction. lie was told TINT both
were mem bers OF tho Catholic ichurch,
which does not recognize divorces, and
that being people Of refinement and edu-
cation, 10 would be to the interest of both,
ana also TO that Of their two children,
that they should adjust their differences.
Judge Pryor was willing TO use his best
ondeayors To reunite the couple, but when
Mrs. Fitzpatrick informed her counsel that
she would not live with her husband
again he said that H. would he nnneccs-
sary for him To consult with either ~
the parties. Mr. Fitzpatrick was willing
TO return 10 his wife.
Mrs. Fitzpatric is feeble woman, girl
ish In appearance, although about thirty
years OF age She was married in 1856.
and was taken from her husbands homo
IN February, 1896, by her father brother
and sister, upon the advice Of their physi-
clans who told them, it is alleged that her
husband s conduct toward her was killing
her. Her condition was such yesterday
that after the severe ordeal of cross exami-
nation, she was compelled to leave the
court room.
Miss Anna NJ Schultz, sister Of Mrs
Fitzpatrick testified that while she was
boarding at her sisters house during the
winter of 1893, Mr. Fitzpatrick, al about
midnight one night, came To the foot Of
the bed in which she and her sister were
81 an hap hx,,, I,..tf
hour with revolver in his hand. Not
word was spoken, but she said he
pointed the revolver at his wife who
olutched the arm ot her sister. He finally
left the room. Mrs. Fitzpatrick condi.
tion was such on Feb. IL, 1896, that
Father Pagan, Jesuit priest, was called
in, and he administered the sacrament TO
her.
Miss Schultz testified that she told her
brother-in-law that his conduct was kill.
ing his wife, and that his retort was.
You are curse to this family" lie
wanted her TO leave the apartments, sho
said, and told her that he was master of
his own house, and that :he would get a
policeman 10 put her out. She replied.
: Go ahead and got a policeman. am
not afraid OF "A policeman or you or any
body else. l will stay with nv sister as
long as there Is breath In her body" He
had told her before not to enter his house,
she said, but she had insisted in taking
care OF her sister
An attempt was made to show that Dr.
Nj. f. Foley was called Co treat Mrs. Fitz-
patrick because he had been attentive To
Miss Schultz, although his presence was
objected TO by Mr.. Fitzpatrick, but Judge
Pryor said that he WAS not going 10 try
any question Of matchmaking. Miss
smilinglv admitted that she re-
ceivcd tie attentions Of the physician.
George +. Schultz, twenty-five years
old. lawyer, who is a brother Of Mrs.
testified that he remained
with his sister from February 10 until
she was removed from the house, three
objected TO his being I'm the house and de-
manded to know by what right he was
there.
Il replied" said Mr.. Schultz, "the
right Of brother to look after his sister
when husband failed to look after his
wife. -
Mr.. Fitzpatrick, he said. attempted
to renew the quarrel at the bedside of his
wife, but his brother-in-law told him
not to do SO. He said that when Mr..
saw him in another room he
said to Mr.. Schultz: II suppose that
you are aware that mans home is his
castle. "
YES was the rejoinder Of Mr..
Schultz, when he does not make nell
out of IL. I"
Mr.. Schultz acknowledged that his feel
ings toward his brother in-law were any.
thing but friendly, and that he was
anxious that his sister should receive
decree of separation and never live with
her husband again