Perth Amboy evening news., 1921-03-23
FlTzSIMMONS GUILTY OF
FIRST DEGREE MURDER
CONTINUED from page -

ney and used the New York State
methods in summing up. He made
a very passionate plea to the jury
for Fitzsimmons' life and at certain
points during his discourse was
moved to tears.
He pointed out that Fitzsimmons
had an undeveloped brain and lik-
ened his brain to that of a child
twelve years old. For this reason
was not worth the paper It was writ
ten on. He stated that F1tzsimmons
had been under the complete con-
troll of David and that the confession
had been forced from him. He said
he did not think that F~ftzsimmons'
brain was able to conceive a con-
fession of this kind, and maintained
that the confession had been wrung
from him by David.
The whole case of the state is
predicated in the confession, which
was obtained as a result of the third
degree, said Sheridan.
After again telling the jury of
County Detective David's history,
Attorney Sheridan said in closing,
II am going TO ask you to be fair
with the defendant in rendering
your verdict"
Prosecutor Sums Up
Prosecutor Stricken came back
hard when he began to sum up the
states case against Fitzsimmons.
He picked out facts and drove them
home to the jury with great force.
He pointed out Fitzsimmons as Il
cold-blooded individual and a cold
blooded murderer, who would be
running around the county at large
if not convicted when such conclu-
giD-g &c hoxfa hapn hFnnOhr nnf in
this Ease have been reached.
In relation to Detective David, he
said he did not think that David
would frame up the confession in
order to get a conviction as was the
old time methods in New York
made necessary TO reach a higher
office, as there was no higher office
he might obtain.
Attorney Sheridan then attacked
David; he told of his dismissal from
the Newark police department, how
he had failed when running a de-
tective agency and of his appoint
ment to the Middlesex county de-
tective force. -
Following this he compared the
case of Mrs. Wilson, of Perth Am
boy, to that of the murder of Mrs.
Fitzsimmons. He showed how Mrs.
Wilson's husband had first been sus-
pected of the murder of his wife.
which was only dropped when the
real murderer was caught. He main
tanned that some iend had commit
ted the EitZsimmons murder. Sheri-
dan said the jury ought not to hang
a dog on the strength of the confes-
sion.
He pointed out the fact that Fitz-
simmons did not run away following
the murder, but as soon as he was
notified of IL returned home.
THE state does not want to con-
yict an innocent man." the prosecu-
tor said, but 1 do not see how any,
thing but a conviction could be
found"
He brought out the undeveloped
mind. dwelt upon by the attorney
for the defense and said that a man
with an undeveloped mind could not
have concocted such a story. The
prosecutor commended that every
criminal had a weak mind and was
irresponsible when the act was com
mitted.
wouldn't II set a fine precedent
in this country, TO set the man free
after the confession he has signed"
he said.
It was at this point hat the pros
ecutor referred to the knight case
and the danger which might arise If
the jury paid no attention to confess
sions even though they were taken
by officers of the law.
The prosecutor maintained that
the conviction did not hinge on the
confession. for Fitzsimmons, had
he been placed on trial without the
| confession being made, the state
having a strong enough case against
the mar TO do this.
After telling who Richie was. the
prosecutor said he did not believe
Richie had anything TO do with the
case. In closing he said that the state
had proven its case and asked that a
verdict be brought in for murder.
Following the prosecutors plea
the jury was dismissed and locked
up in the Hotel Klein.