The evening world., 1913-06-25
@TNO)URORS' SAVE
MYSTERY WOMAN
+ FROM SENTENCE
mrs. Fitzhugh," Arraigned for
Theft of $500 Gold Bag,
viii Have New Trial.
IS CATHERINE FENNELL.
Virginia Lawyer, Old Friend of
Family, Appears in Her
Behalf.
IS CATHERINE FENNELL.

Behalf.
Mrs Randolph yitshush." the wom-
sn Of mystery whose real name Il has
been disclosed 10 Catherine Fsnnsii. the
dsushNse q . wealthy land owner and
statesman Of Tsirs Church. Va. and
an sx.confsdsrats soldier. will have .
new trial on the charge that she stole
. $500 gold mesh baG from. Miss Dor
othy Fisks Of Plainnsld. N. J., . daush.
ter Of Pitny Fisks. the banker.
mrs. Fitshugh" pleaded guilty on
June 10 70 the charge and was ar
raisnsd for sentence before Judge
Swami in General Sessions to-day.
Greed n. Fulton. IN attorney Of
waahlnston. d. C.. who has known Miss
Fsnnsli since her childhood. was on
hand to defend her. She declared that
she had plsadsd guilty without . reau-
sation Of what that plea meant and that
she was Onilts0 Of any oFims and
could have proved herself 70 had she
not ossn the Victim Of unfortunate
circumstances.
FIRor LAWYER ADVISED PLEA
OF GUILTY.
MISE rennsll was defended ~ ARA
ham LSvy. Ths yPossoutien put In IL
case and NJ. Levy advised Mis- Fennsli
to pasaA salty. 0hs declined to DO 20.
Thsa shs <ytsd 10 get M. Fulton a
wsshingeou on the long distance tsie-
phone and the lawyer told Judge Swami
to-day that telephone operators had de-
csivsd the. sril. saying that the tsls.
phone In Mr.. yu'ton's once AaA been
removed.
This was not %. said the lawyer. bu'
the siri had believed II and then Jude
Swami assisnsd Louis spisgel to Dc.
tend her. Miss Tsnns,l. who still con
csaisd her idsatity under the name o.
"Nrs. Randolph y1tshush," oonsuits<
with him and accepted his advice 4
plead guilty. She did % on June 10.
But meantime she had written - Mr.
Fulton. IN old friend Of her family. an<
he hurried to New York. He saw Mis-
FsnnsiL learned what she haA done
and whom she wss arraigneA foe seok
sncs to-day. appeared for her. He q
planned to Judge Swami Just why OH
had come to plead guilty and declared
that In her frightened state Of mind sh'
would have .Dleaded guilty 70 any GRIM
without . thought Of the consequences.
JUDGE CALLS ron JURORS Te
GxPREsS OPINION.
! Judge Swami said that he would r.
{ open the case II he thought Miss Fen
( nall had been deceived and II he b
iieved that the jury walsh had near,
. The prSsscutioa would have acouitte'
nsr had the case gone to tho lur3
Ten Of the twelve jurors wcss In cour
and Mr.. Fulton called attention to thi
fact, whsrsupon Judge Swami asked:
rs there any Juror present who woul'
have found . verdict Of not guilty Of
the evidence - II stoodr'
Two men indicated that their vsrdio
P would have been not guilty. one by rails
Ing his hand and the other BY stepoin'
forward.
WHIST are your namesr" dsmande'
Judge Swami. Tue men said they wsr
N. J. kary Of No. 60 West One Hun
n dred and Forty.fourth street and Emf
Ackermsn Of No. III Madison avenue.
You feel that you would have &C
quilted this woman asked JudS
Swami Of Kary.
"Yes, I do"
Judge Swami had Kary rscite the evI
dence in the case ~ he reociled II an
l. the Juror showed that he lad . goo
g grasp Of the testimony th,t had bee
p given. Nevertheless he was certal
that he would have given . verdict {
no. guilty u the case had gone to II
70 fury. Judge Swami seemed tremendous
y surprised and turned to Alderman. WI
4. ran over the case In stiH greater de.
and averred that he would have four
for defendant.
y, COURT GRANTS NEW TRIAL A
- ne HAD PROMISED.
Judge Swami said that he would kes
70 his word and grant . new trial. taouG
u he didn't understand how TN jurors
n. questioned could have found as the
10 said they had. But he wouldn't sllo
n Miss Fennell to withdraw her plea
J. guilty to the charge OF stealing anoth,
u mesh bag from Miss Irene Munsey
70 the Little Church Around the Corner.
ot Assistant Distrct-Attorney Press pr
:" tested vigorously against The withdraw
- Of this plea and Judge Swami dscid,
not to accept . new plea Mr.. Fultt
!. asked to have his client released In bs
y, but Judge Swami exclaimed:
=. ''Oh. no. no. no. She must stay IN ia
>. She shall be tried soon by anoth
- Judge. but meantime I cannot acce
~ ball"
=" Mr.. Fulton's appearance in the ca
"A resulted In the revelation Of MI
~ Fitshush's" real Identity. The lawy
-, told Of her childhood and her runawi
marriage with q young lawyer. r.
ceremony was never recorded and I
day the lawyer had deserted his bril-
and with her their young child. MI
of Fennsli. as she may be called still. WI
cd penniless. and In q moment Of absrr
49,