White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1912-04-21
Convicted Murderer of Jennie
Fitzgerald Will Spend Fifteen
Years in State Prison
MOTION FOR NEW TRIAL DENIED
PRISONER APPEARED TO BE
PERCEPTIBLY AGITATED AS
COURT REMINDED HIM OF Sc
VERIFY OF HIS CRIME.

state penitentiary at Carson for fif-
teen years ty Judge Coleman in the
district court last Wednesday afer-
noon for the brutal killing of Jennie
Fitzgerald, resident of the tender
loin section of this city. The i'm
posing of sentence followed shortly
after the court had denied defend
ants motion for a new trial on the
ground that the verdict of the jury
was not justified by either the law or
the evidence.
When the accused murderer heard
the word which stigmatized him as a
felon, and will compel him to don
prizon stripes for more than dec
ade, the prisoner seemed TO lose the
confidence which he possessed
throughout the trial. and Ii was i'm
possible for him to conceal the nerv-
business which betrayed itself in
every movement that he made while
Judge Coleman was impressing upon
him the enorniity of the offense that
he had been convicted of
Heller was taken to Carson Thurs
day morning to begin his long period
of involuntary confinement behind
jail bars. He was In the custody of
Under Sheriff George w. Jackson.
The prisoner was delivered safely
into the hands of Warden Baker.
Jackson is expected to return home
tonight.
Il am not the black vulture that |
have been painted" said Heller.
when he was asked by Judge Cole
man IL he had any statement to
make why sentence should not be
pronounced / cared for that girl
when she was sick and saw that she
had proper medical attention. | new
er took a dollar of her money. but
did everything l could to help her.
came here eight years ago, and did
everything | could to earn living"
1T is an unpleasant duty to SEN
tence any man." said Judge Coleman
in imposing sentence. "but when the
law is violated a man must pay the
penalty. No man has the right to
beat up any woman whether she is
an outcast from society or of the
other class. She is a human being
and the law will afford her the pro-
lection that she is entitled to.
A prison sentence does not mean
total dissolution. The disposition of
a man has lot to do with his de-
pertinent while serving time. and
people are usually ready to lend
helping hand to man upon being re-
leased. | hope that you will be
better man when you are freed from
the penitentiary.
Upon being asked whether he had
ever been convicted of a felony Heller
replied that he had never been in
trouble before.
THE case presented by the defense
was stronger against you than in your
favor" continued the court. THE
physicians who gave their testimony
during the trial did not make any i'm
preston on the court, and | do not
believe that it had any influence on
the jury. Their answers were evas-
i've. and their action on the witness
stand indicated that they were con-
tinualy looking for an avenue of es-
cape That sort of testimony does
not impress court, and | don't
think that it had any weight with the
jury
Remember that the evidence in
trodueed against you could not fail
to convince anyone. The testimony
of Edison showed that you were
beating the woman, and that her
face was covered with blood. Other
witnesses testified that you used
vulgar language. and that you kicked