Perth Amboy evening news., 1921-03-22

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tBy Evening News star correspondent.l
NEW BRUNSWICK, March 22.-
William ]. Fitzsimmons, alleged slay-
er of his wife at their home in
Woodbridge. who is on trial before
Supreme Court Justice James j.
Bergen, on direct exarnination this
morning denied killing his wife, but
practically corroborated the testi-
mony Of County Detective Ferd
David, in admitting that he had
made the confession. He stated that
ne made the confession only because
he was tired out and was disgusted
with the questions fired at him.
Prosecutor Joseph Z. Stricken
started cross-examining the defend
ant at 1850 o'clock this morning.
Fitzsimmons on direct exami-
nation, told the court that Detec-
tive Fitzpatrick had questioned him
in regard to the photo of Dolly RYAN.
which he had IN his watch. He said
he had not bothered with this girl
since his marriage. The defendant
also told of being questioned in the
prosecutors office by Assistant
Prosecutor John L. Toolan, County
Detective David, and Franklin NJ.
Richie, who represented himself as
attorney for Dolly Ryan. (It is said
that Richie has had nothing to do
with this case, and may be placed on
the stand later.)
The defendant stated that he had
been Photographed in the prosecu-
tors office, and his attorney tried
TO get the photographs in as evil
dence. fltzsimmens claimed that he
did not have anything to eat or
orlnk, except water during the first
afternoon and evening he was in
New Brunswick. while he Claimed
the detectives did eat. but did net Of
Ter him anything. He also Claimed
tnat 1t was very cold in the prose-
cutors office during the nights he
! was Kept there, and that Detective
FITZPATRICK walked around with him
IN the office, while Detective David
slept, and Fitzpatrick slept, while
David walked around with him.
Up 10 this part of the direct ex-
animation there was no evidence of
undue violence to obtain the confess
sion.
t1tzsimmons still on direct exam
.3iauon was questioned n regard 1,
ms wife's burial and his children
Nhen questioned about the age of
MS children. he showed emotion
ana his handkerchief was used 10
eheck the how of tears. He could
not tell the exact age of his chill
aTeh: IN regard 10 the confession.
the defendant told how on the first
night in the prosecutors office he
suggested to Detective David that
Ihree match sticks be prepared and
that Mr.. and Mrs. Frarke and him
sen PICK, the one picking the small
STICK 10 confess to the murder. He
stated that he picked the smallest
stick and made the confession.
The defendant told of being ex-
amined by the county detectives
ana vas so disguised with the oues-
tions fired at him and the exanai-
nation by the county detectives that
ne started off 10 make coafes-
SION which was over half lies. The
aefendant really corroborated Da-
Elds testimony of yesterday, only
denying that he committed the mur-
DER Fltzsimmons stated that Da-
Vld told him that if he would con-
less that after they got the other
nan ne would be discharged.
Fftzsimmons claimed that loss of
1leep, the fact that he was tired out.
was responsible for his failure TO
realize what he was doing when he
made the confession. His attorney
asked him whether he killed his
wife, and he answered no" He
was also asked if ne layed his wife
and he answered yes.
Prosecutor Joseph T. Stricken
started crosS-examination at 1880
O'Clock. FitzSimmons told the court
that he was married in 1918. but
could not remember the date. The
prosecutor endeavored TO bring out
II the marriage was forced. but the
question was ruled out by the court.
fitzsimmons was questioned about
The birthdays of his children, but
did not know the dates. In regard
70 the watch in which was carried
picture of the Ryan girl. the de-
Iendant m reply to a question stated
he did not have ii with him on the
morning of the murder but got il
after returning 10 his home. He told
the court that after he went back to
his home he was SO broken down he
did not realize what he was doing.
F1tZslmmOns admitted 10 Pros
ecutor Stricken that he slapped mis-
wife but denied ever beating her.
Questioned as 20 why he did not
touch the body after returning home
from work hs said ''sonne-hins told
me not TO touch the BODY at that
time" He rold the cours aas w1en
he came home his wife was living
On the floor with her clothes half
off.
The defendant told the court that
he pictured two people struggling.
and thought his wife to be one of
the principals. but could not recol-
lect who the other party was. Fitz-
simmons denied that he was the
other party.
The clothing of Mrs. F'itzsimmons
was introduced in evidence. the red
swe-tcr, retiicoat. bathro5e, etc. sli
blood stained. The defendant show
ell nc G.. otic as he touched hem
Prosecutor Stricken Questioned
the defendant about the so-called
confession. The defendant stated
Detective David assisted him in
making the diagram on the floor OF
the prosecutor office. Ei.zsimmors
stated he knew David was an Of
GER of the law. but considered him
as \ afriend. In reply to a question
from the prosecutor the defendant
said the confession was untrue, but
further questioning brought out
that nearly all OF the confession was
right. except the part about the
murder