Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1921-03-23

The court allowed the request OF
the attorney for the defendant. for
an arrest of judgment until tomor-
row morning at $3.50 o'clock. rms
: time is usually allowed to give the
defendant attorney a chance to go
over the phases of the case and de-
eide whether there are grounds for
an appeal.
Justice James j. Bergen began
his charge to the jury at $3.50 O'Clock
and closed the charge at 9:45 o'clock,
consuming just fifteen minutes. The
Judge defined the various degrees
of murder and manslaughter. He
also gave the rules of law analysis
of facts by the jury. The jury must
be the determining factor in arriv-
ing at degree, the judge pointed
out.
In explaining to the jury just what
they must determine in rendering
Une verdict, Justice Bergen pointed
But that the jury must be the gov
erning factor in determining in what
degree of murder the verdict must
be given. The first degree must be
premeditated and wilfully planned,
though q great period of time is not
necessary If found first degree
murder the punishment is that of
death, unless the jury recommends
life sentence.
The Judge also brought out the
fact that the defendant must be
given the benefit of any existing
loubt.
II don't see any reason" said the
Judge, from the evidence, If you find
The man guiltV that the verdict
should be manslaughter."
He then dwelt on the other de-
nf n leo n tho
fession, (which he said must have
been voluntary and could not have
been obtained by threats or prom
ises. If it was. it could not be con-
sidered in finding the man guilty.
Yesterday afternoon was devoted
to the examination of witnesses by
the defense and the summing up on
the case by the attorney for the de-
fense and Prosecutor Stricken.
DIR. Joseph Marks was called to the
stand and questioned concerning the
warmth of the body of Mrs. Fitz-
simmons when he made his exami-
nation at IL o'clock. DIR. Marks de-
scribed the position of the body on
the floor, and said there was some
heat in the trunk of the body but he
was of the opinion that the woman
had been dead from three to seven
hours. Nothing was obtained from
tIio WltISoo WHlCn WOulQ SlIcH6tn-
en- the case of the defense.
John j. Mcdonald, an employe at
the Raritan Arsenal, said that Fitz-
simmons sat at the table with him at
lunch time and as far az he could
see Fitzsimmons was the same as
always and there was nothing to in
dicate he was under any suspense.
Thomas Sheridan, attorney for
the defense, took the witness stand
nd hof ha ha
simmons in the county Jail one week
after the confession had been made.
He remained with him from 5:45
to o'clocn at night. Rich
ard McKenna, of New York,
was also present at this conference.
Sheridan tried to show that he was
the first person Fitzsimmons had
told that the alleged confession
was not true.
Prosecutor Stricken asked Sheri-
idan If he had received a retainer
and Sheridan said yes.
At this point the state put on two
witnesses. they were Frank Richie
and County Detective Ferd David.
Ritchie said that at no time had he
represented himself to Fitzsimmons
as the attorney for Dolly Ryan. as
Fitzsimmons said when on the
stand. Ritchie said that he had not
even talked to Fitzsimmons.
County Detective David denied
the statements made by Fitzsim-
mons as to the matter in which the
confession had been obtained.
Lawyers Sum Up Case
In summing up the case about one
and one-half hours were needed,
bot the attorney for the defense
and Prosecutor Stricken consuming
about three quarters of an hour.
Attorney Sheridan desired three
hours in which to state the defense's
ease to the jury but Justice Bergen
denied the request.
Sheridan, Fitzsimmons' attorney.
Is a former New York district attor-
Continued on page %
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