New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26
DALKED BY JURORS,
REOPENS F|TzHUCH CASE
Judue Swami, Angered, Sug-
uests Moving Picture OF
Crime for Their Benefit.
WOMAN PLEADED GUILTY
Worst Cas&I Ever Saw" Says
Court, When Two Former
Jurymen Said They Be-
lieved Her Not Guilty.

This is the worst ever saw in my
life" exclaimed Judge Swami in General
Sessions yesterday when two trial jurors
I'm the case of the mysterious Mrs. Ran
dolph Fftzhugh," who pleaded guilty 10
stealing a gold mesh bag from Miss Dor
othy Fisk. daughter OF Plny Fisk. bank
or. announced in court that they would
never have convicted the woman A few
DAYS ago Greed Fulton. a lawyer, OF
Washington. advised Mrs. Fitzhugh 20
change her plea TO mot guilty" and yes
terday was set for argument OF the mo-
ton. Judge Swami was strongly opposed
TO open the default and give Mrs. F1tz-
hugh a new trial.
The attitude Of the two Jurors com
uclled the court TO say that II would be
2 good thing if either moving pictures
were taken Of crime for the benefit Of
Jurors or Jurors were Informed in advance
Of crime in order that they might be on
the ground to see 1t.
THE evidence seemed TO my mind TO ne
overwhelming against the defendant,
said the court. IL saw note she had
written to her lawyer (Abe Levy IN
which she said that the evidence against
her was overwhelming and that she was
perfectly willing then and there TO plead
guilty. and asked her lawyer 10 spea; *
TO the judge and ask the judge II lie
would not suspend sentence.
she later told me that her lawyer had
told her that il was his professional opin-
ion that the jury would convict her II
seemed to me that she had a desire 10
coerce the court into doing just what
she wished and / declined TO allow her
10 do that
she not only pleaded guilty to the IN
dictment for which she was on trial. out
pleaded guilty to another indictment
After she had pleaded guilty TO the two
indictments one Of the detectives stepped
up to me and said: viii YOU please ask
her what she did with the third handbag
stolen from another church. Her reply
ia that was: If the detective is so smart
let him 90 and find it, To my mind tEat
was an admission. by implication. that
she had stolen that handbag.
Il will further state that the panel OF
twelve jurors drawn in her case are still
present in court. ana If you would ike
their opinion, individually, as TO the
guilt or innocence of the defendant and
what their impression was in regard 20
the defendant l will be very much pleased
10 let YOU have it, ] never consulted
with them IN any respect. They are right
here now and if they think that the case
wasn't overwhelming against the defend
ant will consent that she withdraw her
plea. otherwise ! will deny the motion.
us there any juror here who feels that
ne would have found q verdict of not
guilty on the evidence in the case?' JudSe
Swami asked.
Ten jurors stood up. NJ. l. Kory, cloth
ing salesman. of No. 5s2 West 144th street,
and Emil Alderman. Of No. 1927 Madison
avenue. came forward and said they
would have done so.
This is the worst ! ever saw in all my
life" said Judge Swami. We will have
TO open the default much against my will
and my sense Of justice. Is there any
rase tried within the last ten years where
the man couldn't get the default open!
IF this case has got to be tried again
pc ought 10 have moving pictures Of the
crime. and l would suggest that jurors
be notified that crime was about to be
committed so that they can be present
and see It."