The San Francisco call., 1905-08-02
CoHabses When Sbe.
Hears EUideuce
Against Him.
rs COOL
Plausible Story Is
Told BY Alleged
Burglar.
CASE IS CLOSED

Mrs. James E. Fitzpatrick. wife of the
clubnlan accused. of burglary, fell in a
dead faint yesterday afternoon in Judge
Cooks court when she heard the ac-
.cusing testimony of Mrs. Francis Albert.
witness for the prosecution 1t was the
first time that she had ever heard the
man she loved charged with crime; in
!. deed such a thing had always been
/ taEthest from her mind; and. the fragile
nerves OF. the little woman gave COM
pletely away. :. He might be guilty.,
flashed Though her heated BRAIN
IT. was an exciting; moment in the court
room. Mrs. Albert stopped short: F'itz-
patrick stopped over to pick up his strick-
e.n Wife who had been sitting at his side
moment before. Some one. produced a
flask of whisky and the woman was re-
ViVed. But the shock had been too great
for her 20 bear and she was led trembling
from the building: =,
James E: Fitzpa trick. uhnan, butcher,
miner and alleged cracksman, will know
. early. to-day whether. the jury believes
him guilty: Of the: crime with which he is
charged: The case% was. ALMOST closed
yesterday afternoon. when the jurors
were addressed by Attorney; Twamiey fot
the prosecution and. Attorney o. Grady for
the defense. This. morning ATTORNEY
Sn1thson: and. Assistant District Attorney
Ashe> will. cemplets. the work- and the
Judge will then give his. Instructions to
the Jury. =. :: - -: - -: go.
.. Mrs. Albert testified. that. on october
4 she faw. the defendant lin her hus-.
bands ofiee at 1853 Maller street.
.Ihere WAS g. burglar alarm from the
telephone:boX to upstairs, and she hear ri
the alarm. She saw rhe defendant leav-
ing the ONCE. and ran after, him. She
called to. a ia1an- In. the engine hous5
adjqining, and. he and an6ther fireman
, 1cvf flf IL S,,<1
nm fnto the :ea gine :house. Defendant
had his hands in his: pockets. and. lffr4
ing his leg Quickly; .dropped three Keys,
Which one of. the. fire n1en picked. up.
a butcher passed. and the defendant.
said 70 him: ~ ou' Know :nSe;:~:I. am
Fitzpatrick, @lgko had: "a :buIchet shop
on Page street. - The. butcher: replied:
Yes. T. knew. y-ouS bur -you:ovvte me "a
= e:Thonsas.I. 4 e1Iy::> Of. engine company
3" ~.c.orroborated Mrs ALBERT :as:3to. arr
resting tile defendant and what trans
p1red in the engine. house
=: J.. Hz Enrigtfsi hosea1ian. TESTIFIED 10
ple kinS up tire three keys from the
: Policeman II: Rouirke testieei to. ar:
resting the .derendatit: at the engine \
house and: fulihg two other Keys and
S2 so on him; W hen searched go. 7
: Special. 0fltcer' Al M: AI&ilaueyof the
telephone :: colan;rriy.: testified that he
KEYS dropffed hsI tile. defendant had been
Med dewn TO sefFe .iS pieklocks. for tele:.
pt1ope boxes: and oiie of the twp found
ga him was q standard Telephone box
This closed sthe case for the. PROSE
cntiop, a!Sd Louis. n N<:Wisenian,. r.. A.
Smith,. g. &. = fdlllSe. and, Lawrence
FauFe. were caliedr' by the defense as
cha rae ter. witnesses: =.
=: The defendant took the. stand and
told story c0elfy~ 5lid- without the
sllghtest hes sitati on He. said ne lived
on Fifth aveRte. Alameda. He had feau.
a a<:butcheH and had ti1pes 'ot the side:
N Alaska. Tie last *tihle he returned |
from there was about two. wears. ago /
On C'ctober I he went out on stanyan
street to see: a man who owed him "a
Dill. =. W htle: passing the. coal yard he |
saw: n sign. that there was a :puhfie +
telephone In the office. and. as he@want- !
ed TO: telephone to q triend, he entered. i
the place: just -theB-s man cam. out
or the. Office with small grip in hts /
ha pd. When defendant took down the /
Receiver he observed. q. bunch of: keys
IN the lock Of: the telephone box and /
other keys on. top; Of the box: He drop:
ped the receiver and went after the |
Hlan:to return 4he keys to him, as he.
thoHght the 4lla1I was d telephone COL
leetor.: J: Then he heard some one cry (
ing after tffnl, and; turning round. saw i
the two frerueh and a. lady He: went +
back TO the. engine hoIise, where THE /
lady accused HIM of >t6bbins her tele- i
phoae box. Thinking: there might. be !.
wrong. he. dropped the keys /
On the hoor. lie. denied roDbing the.
telephone box: This closed the case. for
the defense =. :: =. =. = =
This morning Fitzpatrick will appear
before Police Judge Eonlan for. his pre- !,
liminary examine tfon. on the charge ;ot 4.
burglary for entering the offce. of A. I:
Devote g. Coz .:24e7 California street. |;
md stealing s147 from: the. safe: - =; ::