The Birmingham age-herald., 1909-04-08
Witnesses Tell of the Shooting
 of Inspector Fitzgerald
PLEA OF INSANITY IS MADE
Counsel for Prosecution Will Combat the Plea of Insanity With All Their Might and Will Use Ex-
 pert Alensts.

Jackson, Miss, April 7.-(Speclal)-T l fifth day of the Sorsby trial was the most sensational so far. The courtroom was full to overfowing and scores of men perched on window sills of the second story in an almost vain effort to see and hear g. portion of the proceedings No such trial scene was ever witnessed in Jackson. There were hundreds of ladies present and the aises were packed to suf- location. Several witnesses testified dur ing the day, some of them eye-witnesses.
 It developed that Inspector Fitzgerald had a typewriter in one hand and his grip In the other at the moment he was shot, That was the testimony of Prof. Johnson of Mississippi college, who was thirty feet from the two men when the fatal shot was fired. Several had seen Sorsby running from the scene, immediately after the shooting, pistol in hand and assisted in placing Fitzgerald on the train for Jackson. They heard his declaration that Sorsby had shot him and that the shooting was a cold -blooded murder.
 The chief witness of the day, and the last placed on the stand, was Mrs. Fitz- gerald, widow of Sorsby's victim. She told the story of how. when, where and by whom he had been shot, as her husband told 1t to her just before he died at the Jackson sanatorium, and created a most profound sensation There was not per son in the great audience but believed the weeping witness spoke the truth, and the effect on the jury was perceptible. Tears ha of ho of them, and Mrs Sorsby, the devoted little wife of the defendant, left the room dur ing this touching appeal for justice
 The Widows Testimony.
 Mrs Fitzgerald was asked by Chief Counsel Miller, the attorney employed by the United States government to assist in the prosecution, to tell the jury what hap, pened when her husband was brought to the sanitorium the night of his death.
 Her greeting was, "Oh, Charlie; what wretch did this?'
 His reply was: Don't judge him too harshly; he is more to be pitied than cen sured."
 MT. Fitzgerald had requested the oth- CTS In the room to retire, so that he could have private talk with her He tn en told her of having found Sors- by's accounts incorrect on Monday, had remained in Clinton at Sorsby's request, so that they could go over the books again to see if he made a mistake Next morning Fitzgerald came to the bank and secured $125, which the cashier said had been left there that morning by Sorsby. He and Sorsby returned to the postoffice, Sorsby appealing to him not to report the matter to the depart ment, but he told him he must as It was his duty. That evening Sorsby and Fitzgerald went to the depot together. and when the train pulled in Fitzgerald started to board it. As he reached the steps Sorsby requested that they shake hands. He had a grip in each hand and placed them on the platform to shake hands. At that moment Sorsby shot him.
 That was my husbands statement to me-" said the witness.
 Be brave, mama, try to raise our boys without malice,' he said as the doctors rolled the table into the oper- ating room and he knew he was going to die."
 Here the witness almost collapsed.
 After he had been placed under anaesthetics he said, Poor, poor boy;
  best friend"
 Insanity Plea.
 The principal feature of the evidence this morning was the bringing out of the insanity plea during the cross-eX- animation of Mrs. Margaret Cabaniss, mother-in- law of the defendant Mrs. Cabaniss stated that her son-in-law was frequently morose and melan- choly, wearing a fixed and vacant ex- pression, appearing emotional and ex- citabIe and often he seemed to her to be mentally deranged: that this con dition was doubtless caused by the seri- ous illness of his wife, whose life was despaired of from the latter part of May until short time before the Clin- ton tragedy on September 29; that he remained almost constantly at her bed side day and night and when Inspector Fitzgerald discovered the shortage in Sorsby's accounts September 2S 1t caused a return of his emotional insan- ity.
 The witness was subjected to a severe cross examination by MT. Miller and forced to admit that if she had re- garded Sorsby's mind as seriously dis eased she would not have permitted him to keep the books and accounts of the office; that in spite of his de- ranged mental condition Sorsby had in- telligence enough to mount horse and fee after the tragedy. remaining in hiding for several months. This Mrs. Cabaniss explained by saying that they say that insane men are some times very cunning
 "Yes. and sane men are often very cunning, too," retorted MT. Miller. "It looks like Sorsby was out of his right mind just long enough to kill Fftz- gerald and no longer"
 Other testimony introduced was chiefly in reference to the postoffice sh ortage and the manner in which the books were kept.
 The state announces it's intention to fight the insanity plea from the begin ming. Several alienists were present this morning and will be placed on the stand later in the week to testify to Sorsby's mental condition
 Ben Tillman to Be Honored. rpif fat