Evening journal., 1918-09-27
gem film FLAM"
aired IN COURT
W. E. Hance, However,
Says $225 of His Money
Was Returned
THOUGHT CASE WOULD
GET INTO COURT

After many delays and bitter opposi-
tiOn on the part OF the defendant who
put up a stiff fight in the Philadelphia
courts against being brought back TO
Delaware, William Fitzslmm0ns. charg-
ed with larceny by trick" OF $3.50. In
a transaction over diamonds, from Wal
lace r. Hance, local architect. was
placed on trial this morning before
Judge Heisel and a jury In General Ses-
sions Court Room No. 2.
The case had been set for Yesterday
put Fitzsimmons was not in court. his
counsel. James Salisbury. reporting
him III In Philadelphia. This morning
Attorney General Relnhardt told the
court the case ought 10 be tried. but
al that time Fitzsimmons had not ap-
peared and there was talk OF bond for
felture. in the matter Later. however,
the defendant appeared in court. Mr..
salisbury fought for delay in the case.
saying that Fitzslmmons had need Of
a most important witness who is now
travelling with a carnival I'm the West.
and therefore not obtainable. He there
fore asked that the case 20 over until
the November term Attorney General
Reinhardt objected and said the case
ought 20 so on at once The court
thought so, also. and a jury was drawn
and the case ordered. 10 trial in Court
Room No. 2
But even then there was delay. Dep
uty Attorney General Green, who took
charge Of the case, went over 20 Court
Room No. 10 confer with Mr.. Hance
and Mrs. Hance. the States chief wit
nesses. but no sooner had the jury filed
In 10 take It's seats than there was evil
1ence OF a hitch somewhere. Mr.. Rein
lardt hurried in from Court Room No.
!, told Judge Heisel a situation had
arisen with reference TO one Of the
witnesses. which should be discussed
,ut Of the jury's hearing. He and Mr.. |
Green, and Mr.. Hance then went into
Judge Heisel's chambers and a lengthy
Ieries OF conferences ensued. Finally |
III came back TO the court room and the |
'ase went on.
Nlr. Green outlined the case 10 the /
ury 10 the effect that the State would /
how Mr.. Hance had bought from Fitz- |
immOns three diamonds for $3.50 and I
hat they had been switched" on him 1
or three pieces Of glass
Mr.. Hance was then called TO the |
tand. He said Fhzsimmons and an
thcr man had called upon him back |
n May regarding the purchase by him
I some diamonds. He picked out one,
ad II examined, found It good and later
licked out three stones FOR which he II
greed to pay $3.50. When the deal was
between himself and the
80 men, the diamonds-the real stones
-werc placed upon a table IN from OF
hem. Then one Of the man--he didn't /,
now whether 10 was Fitzsimmons or
he other wrapped them up. or seemed
}, and he took them. Later he ex-
mined his purchase and found he had
lree pieces OF glass. This in effect
'as his evidence given as the result of
lengthy series Of questions by Mr..
reen.
After some cross-examination by Mr.
lulsbury the witness was recalled BY
le state and Attorney General Rein
lrdt asked II he had been paid any
,sttution money over the transaction. /
e said S225 had been returned TO him
y Robert II. Richards. his counsel.
Mr.. Richards was called 10 the stand. =
e said he had paid S225. the purpose =
ing 20 restore money wrongfully n
ken from him in the diamond trans =
tion. II was part Of a $3.50 check ii
ven TO him by Cornelius Mundy about ii
ptember i6. :.
Mundy was next called. He a
id he had been asked by a man named
llan 70 furnish counsel for Fitzsim- ot
1ns. A man named John Kane was !,
the bond. He had sent them 10 Mr.. :
ulsbury. Mr.. Salisbury, he went on. ~
We him the $3.50. which he gave to II
:. Richards, the purpose being TO re- ~
nd Mr.. Hance's money. He said he Il
int recollect who gave the money 10
,. Salisbury. He knew Mr.. Salisbury I,
presented Fitzsimmons. :,
Was 10 given for the purpose Of set :,
ng the case out OF court?" Mr.. Rein :.
rdt insisted on knowing. The wit y,
SIS thought 10 was y
Didn't Mr.. Richards say it could only W "
for restitution and not for settle a,
mt" "
Yes" c'
hen Mr.. Mundy asked leave to ex- a. a'
in his position in the matter and told III
meeting Hsnce on the street and
wing conversation about the $3.50 ye
en- he met Mr. Hance asain and there WI
5 talk about the bits Of glass he had. W
Why didn't you give the money di- ~
to Hance?' he was asked. and the W.
ness said he didn't want either Hance pc
himself 10 get into trouble. th
he case was still on trial at lunch pa
recess. ut