The San Francisco call., 1898-06-03
TOM FETcH's DESPERATION.
TRIES TO KILL HIS WIPES .:...: ..: ATTORNEY. =
Lawyer Fairall Receives a Painful . Wound in the Hand-His Story. :: :: - and That . of an Eyee. lii. :. ..=+ Witness: .
. Special Dispatch to The Cali.


 .|.. STOCKTON, June =2:-This city was startled this afternoon by a sensational shooting affray:-|.: Thomas Fitch Jr. shot" Attorney FairaIl on Main street, between *Sutter and San Joaquin. about 3 o'clock. :: Four~shots were fired. three narrowly missing Fairall, and the other taking effect in:his left hand, making . g pad wound and breaking the bones and cartridges. :. r. FairaH walked to the Receiving Hos pital when pulled from the crowd by some of his friends. Fitch was taken to. Jail by. Constable :Hersom and Dep uty Sheriff : Black, where he was charged with attempted manslaughter. -. Ben Boreham of san Francisco was an eye witness, and probably the only one, although there were several peo- pie. near. :. Borehanl. tells; the follow ing story: :. :.,,....-.
 T was standing on Main street when | saw a big man. whom learned af- terward was. Attorney. .Fairall, come along: on':the opposite side of the. street A short, dark man, :whom now know as Fltch, was apparently standing on the. sidewalk, waiting with his hands in. his pockets. =: Fairall came up. to .: .
 Fitch, as. l saw. it, and struck him. Them both men went out in the street, where 'Fairall .#knoclied Fitch down aSalli*-. It was While the latter was oh. the. pavement and bleeding from the lace that lie pulled the gun and blazed away at Fairall, who was stand ing over. him and holding him down. I ran to the spot and pushed Fairall off, while some one took the smoking. pistol out of Fftch's hand. That is the way I saw it.. There might haNe been a word or two before + aiTall struck Fitch. but I did not hear any.'1':.:.>
 The story of tfIe attempt of Fitch to : kill Attorney. Fairall had its rise in a e suit: for divorce. which the: former s wife brought: against him some weeks . ago. Fitch claimed that Fairall was standing in the way of reconciliation while acting. as her attorney.. He en- tered an affidavit in the case; in which he said that he wanted to make up with his wife, and asked fora :contin- uance of the case. which was granted. 5 Mrs. Fitch is nearly EproStrated. over the" occurrence~ Her apartments in the : Rudd House. are: only a few. feet from: the. cell which: her husband occupies. ' Fitch, had not been in. town for some time, Last week he. came up-:frOm. San .. Francisco. to" attend the divorce case. He. ista son of+old Tom Fitch, the widely known. silYer-tongIed orator.: =
 F'ftch'S bail, fixed at $S0O9, had not been. given. at the close. of the court hours. E.: .%:....:. .: =. :.-:..:.. :'::: = > Fairan gives the following version of the affaiT: This: morning at Il:3O- o'clock Fitch called at. Fairan's office and said he desfred to. see him a bout the: pending divorce case.~ Fafrall said that he was about to go to lunch; but that if Fitch .would. come in about 2 o'clock this afternoon he. would talk with him.. :. :.'': .:.:.. :. <: s> .>t:-. s.. e -.-s We'll are, you going: ahead with this - case2''- asked Fitch, angrily '-> Why. certainly responded the. at torneY.: -.:. ..'...: :::.::. '.. Fitch: made some angry reply to the effect that he would see about it, and. then left .the office..+ - :+,.- .; E.: ...:
 Shortly before: 1 o'clock .FafraH was returning to his office, :accompanied by Thomas :. Breeze another attorney. Passing the Yosemite, Hotel he saw Fitch approaching. : .: ..
 With the Knowledge that Fitch had threatened to kill me- said "Fairall, "and by the look upon his face as he caught sight of me [ knew. that he meant to kill me. When within about ten feet of me he drew a pistol, and, with the words; .fYDu ---- ----: ----- ---- I will kill yout' he began firing The first shot went over my head. I made jump for him and grabbed the muzzle of his re -olver.. He shot again. then, and that, I think. is the shot that hit me. l threw him off the sidewalk into the street. and with my. right hand I. grabbed the pistol again. While in this position I asked some man who was on the sidewalk to take the pistol away from Fitch. The man took the pistol"
 Fitch declines to discuss the case.