Every evening, Wilmington daily commercial., 1918-09-28
SWITCHED" GEMS
SEND MAN TO JAIL
AND WHIPPING POST
William Fitzs;mmons Convicted
After Obstinate Fight and Trial
Full of Interesting
Evidence.
$3.50 RESTITUTION MONEY

II
~. short. chunky, haldhcadcd and the
possrssor of a pair Of remarkably keen
blue ewes. was convicted yesterday after
noon before Judge lIcisc IN General
Sessions Room No. .. on the unusual
charge of larceny by trick. the nwardncss
q which was getting $3.50 from architect
Wallace f. Iinncc bv selling him three
real diamonds for that Stun and then some
how or other switching three hits Of
glass for them
tnd for this Job titzslmmons was sen
fenced to do two years IN the workhousc.
10 hc whipped with 10 lashcs today. tn
pav the costs of the case which are not
small and 10 make full restitution,
which means $500 more. because $3.50
already has been paid rs restitution.
Thus comes 10 an end very rcmarkahlC
ease for such II has been from START to
finish fitzslmmous gnvc the authorizes
decided run for their money apd mn
mediate and wholesale tight Whenever
thcv moved in has dircctlon lie fought
etrenuouslv the efforts OF AttoruCv
General Kcinhardt to get hn teach into
Delaware from Pcnnsylvana. rcfl~'mR
IN the courts there with q squad ot liWA'rS
and finally giving Mr. Rcnhardt some
anxious moments during the past tive "r
three davs as to whether he Curli 'r got
ten INTO court this term
And io cap the whole slttlatIu,, the
cas- continued it's sensational career
Yesterday, after jury had hcen drawn +"
try Fuzslmluons, tho JURY tWddiug thcu
hngcrs IN the box vhic conferences went
on IN Judge Hclscls chambers rcgahinE
an unc xpccted development IN tho matter.
which resulted in exceedingly interesting
testimony lelng brought eut Whcn 'hr
casc finally went 10 tral
STARTS rHntpIo -IN
The cast was to have been heard GARNER
IN the week, hut lsmc~ salisbury ltz-
simmons counsel reported that hlS ,hCnt
Was sick At h,~ bonn, III Fhladclphia and
tho mattCr went along untd Yesterday
r3orulpg when llt7slmmoUs Was due ~
nut m appearance l}ut At the opening n
court hr had not shown himself and NJ
Salisbury could not say that hc Uouid p"
IrcScn, Mr. Rciuhard opposed any con-
ttril4ncc and insisted that the defendant
must bc made - come into court ~ once
Rut almost whit, ,hcrc was ialk ~ jol-
lcune h. man : b,ul toud lie came into
court and th, case Was ordCroi 20 trial Al
once
" hic q Jur1 va~ hcng drawn p Room
W DcputN NtornrN General t,rccn
Won't over INTO Room M = with NrchucCi
tn,c and Mr. Iianco tho States two
h3ct witnesses to talk IL thcm about the
$50 Then pst about as the jury Wa~
ing III from Room No ! to scat uScli
Room .. Alr Green had a hurried tain
Uith Nlr Romhardt and Mr. Relnharit
c4mc INTO Room stating fhat develop
mcni- had arisen which made = confer
enre necessary with judge HciScl hen
followed 3 series of conferences ln cham
f,ts in vhlch the State $ counsel Judge
H,s-nI Nj lianco. Attorney Rohcr' II
Bjehar,,- and others took part lInaiiy
li III, ronterces came INTO court and
the tual Was hcgun
Nr Hanee testified as 10 his dealing
with titzslmmons and another man bach
IN NaN last tho substance oi his story
i.eIng that he was shown some diamonds
the two men wanted 10 sell, hat he had
had a sample examined and found satls-
factory. that he had engaged 10 buy
three stones for $50 that the stones had
been placed before him. that they had
been wrapped M (or seemingly wrapped
upt and handed TO hun. and that after
ward he found he had gotten three bits Of
glass instead Of real diamonds Mrs
Hance's testimony was chiefly with
reference TO seeing the man There was
some cross-examInatlon by MIR Sauls-
bury and then Mr.. Hance was recalled bv
any restitution money after tho trans
action He said that he had s22: paid
to HIM by hls counsel Robert II Rich
ards.
Mr.. RICHARDS TEs NY
T on Mr.. Ric ar was cal, He !
testlfe that he had paid SD to Mr.
Hancc, purp bei 70 restore /
mono ongfulv tax IN m he |
q amord deal ne money was part of /
check for $3.50 given hlm bv Cornelius /
Mundv about September rs Then Mir. !
Mundv WAS called He told the court /
and jury that ne had been asked hv /
man named DOlan to attend to bail and I
counsel for Fitzslmmons A man named /
John Kane was on the bail bond and Mr. /
salisbury had been gotten as counsel for 1
Eitzslmmons. The $3.50 had been given
to him. he said, by Mr. Salisbury and .
he gave it to MIR Richards for the purpose /
of refund TO Mr. Hance Somebody, the /
witness could not say who gave II to MIR
Salisbury
Wa 1t gwen for the purpose of set !
ting the case out of court" MIR Rein
hardt insisted upon knowing The Wit
ness sand he thought il was
sDIdn I Mr Richards say II could only
be for the purpose Of restitution and not +
for settlement" Mr. RcInhardt went on
The witness SAID Mr. Richards had SAID !
shis 4
Then MIR Mundy asked leave to ex-
plain his position in he matter and went
on to say that he had met Mr. Hance on
the street and there had been some CON
versation about the $3.50. Nj iance ash
ng If he the witness bad $3.50 for hin 10
which the witness replied tItat hc had
$50 hut did not know If il belonged to
Alr. Hanct Later he met MI Haure
again and there was talk about the
glass diamonds and whether MI Haucc
1ad them and whether hcrc had been
tnH demand upon hun iol hcm Later
the witness gave The $50 to Mr Rich
ards
dds wANT TO CIT i>To rBoUBit
NhN did Nou moi give he money direct
80 Mr. Hance2 Alr Reiuhafdt wanted 10
Know and Nr Mlndv replied TAI BE- dld
want cIther himself or Alr Ilanc, to
get Intu trollbl.
At the afternoon .cssion the STATE.
offered little testimony other than that
the diamonds that were the states
exhibit Ne were Just bits ot glass
iitzsimmons defence was that hc was
MOI IN Wilmington ou tho daN uf tho
transaction ~ detailed br Mr. Hancc and
that therefore It could not have been
hlm who switched the diamonds ON
the day In question nc declared, he was IN
Bioomhcd. y j, seeing a man named
rs