The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-24
FITZGERALD PLEADS
GUILTY OSWINDLE
Partner Of GOndOrfs Con-
frOnted by His Victim in
Wire Tapping Game.
GOT $500 ON FAKE BET

James Fitzgerald. an old time operator
in the wireless overlapping game and a
pal of Fred and Charles ~Ciondorf, the
leaders in that form Of swindle. pleaded
guilty to grand larceny in the first de-
gree before Judge Malone in General
Sessions yesterday and was renanded
for sentence. Fitzgerald. who is rudy
Of complexion and has white hair, looks
like a prosperous banker. lie IL SO years
old and has been In prison before. The
police records show him to have used the
names Of Burton. Sullivan, Brady and
Burke In his swindles. Charles Gondorf
Is now in sim Sing for larceny.
Fitzgerald was arrested three weeks
ago with Fred Gondorf for stealing
sl7.4o0 from william O'Reilly Of Mon
treal. Gondorf pleaded guilty and is TO
he sentenced tomorrow by Judge Ma
lone. FITZGERALD acted ~ the betting
commissioner In that case. but the evil
dencc vas not strong against him. In
searching the records of the District
Attorneys office Assistant District At
torney O'Malley found an old case
against Fitzgerald and when the latter
saw his victim in cour, ho at once
pleaded guilty.
The victim was Leslie :. Wharton. "A
West Indian. Of san Fernando. Trinidad
Wharton owns a chain Of + stores
aud IL looked on a. wealthy IN his couh-
Try. ON December 2. 1913. Wharton was
taken to a house IN East Twenty-fouttl
street. yfsre ne lost $4,000. Wharton
had Just returned from Europe and was
accosted on the street by a man VINO
acted as the "stecrer.'
Another member of the gang. William
/ McSherrN, with a record OF conviction
In California. also was indicted with
Fitzgerald. but he did not appear IN
court yesterday and judge Malone for
fe!tcd hts bond NJ $500. y warrant
was Issued fur his arrest.
The method Of luring Wharton to the
room where he was robl-d was of an
old TYNE. He was walking along the
street when approached by a whit" man
who asked him the address OF a certain
hotel. They struck up an acquaintance
and after dinner they went 10 the
theatre. The white man went under the
name " t.arl II. Linton Of Montreal.
He had engraved cards and was wei
supplied with money.
While walking In tn" street Linton
recognized "A man VINO ne sHlh ""u
made money PLAYING the horse races,
This man turned out To- he MnSherrN.
He posed as a betting commissioners Tor
the United states BETTING tommisslon
Company. made M of wealthy mssa. lie
mentioned the amt OF August b''-
mont. James H.. kcene u Vanderbilt
Wharton vas induced to make a few
bets and a, first he won. IN" hrSt
horse he bet on was "iiight Easy. Ihei
larger bets We're made on IN" ullner'
standing that they were receiving al
vance Information about IN" results ahu
finally Linton MrShcrry, who posed
,s burton. rsonIed what purportsd to he
s2O.5O0 Wharton had put M "A good
check as his share. The race was run
and announcement was mad" that the
hors. they bet on had won, Tlley were
entitled to So. 900. Wharton was told,
but the money would not he paid un'
III the checks that had been given could
he put through IN" banks on which tleH
were drawn. The following day Whar'
ton drew s2.500 In cash az his share o'
the bet and after putting It up another
bet was made by Linton Tor the entire
winnings OF $4,000.
Wharton protested against makine
This bet aud after the supposed race
had been run and the a"nnOuncemen
made that their horse had lost. Lintnr
and McShcrry had what appeared 10 bt
"A fist light. Ii was finally arranged
tha, Wharton you'd get n note Ion
his money, hut 1t had no value. Nhti
Fitzgerald WIS recently caught Nhtr'
ton wa sent for and he came To- N"w
York TO prosecute him.
II IL said Fitzgerald At n time
worked the wire game on Charles Fran
els Adams Of Boston, former Ambassa
dor to England,
Mr.. OMalley is preparing a histor,
Of Gondorf and Fitzgerald ana viii pre-
sent /, to the court. lie will ask ma
the sentencing OF Fitzgerald, set for to
dsv. be postponed until tomorrow, whei
h. and Gondorf can he sentenced 10
ge,heI. The maximum penalty ~ TEL
years IN prison.