Year: 1866


| ELLEN HIOKs-vBRDICT OF GUILTY.


| On Tuesday, in the Westchester County Court Of
Oyer and Terminer at White Plains Thomas Fitzgerald
put on trial for the murder Of Miss Ellen Hicks the morning
II the Goth Of August in the town Of Westcheser Upon the
bench were William W. ScUgham, Justice William II.
RobertSog County Judge Thomas Byrne and Myron b.
Sman Justices Of the Sessions John Bates DsrctAt.
toey conducted the the part Of the prosecution


jury selected by 10 O'Clock The District Attorney opened
the case the people The circumstances OF the killing
that on m morning or the night preceding Of the


friends of tie prisoner were engaged playing cards hotel in
the cousin OF the young lady who was shot on hs
way home fom fremont stopped at the Motel and called Tor
drink and asked the soldiers 10 drink Some Of them refused
and aercatN ensgel There no violence done there
Elliot left his bone and on his way was assa MED ana
bis broken he escaped his hose and went to bed


The party then left and Font Schuyler whore they
stationed member Of Company II a the lst Artillery
Regular United States Army and there got the ambulance b.
longing TO the fort and then returned % The h0use d Eot e
prisoner and another coming the fr wih the party On
arriving AT the house II Elliot the paTy broke the house
demanding Eiet and asserting that they bad come
noise and The threats made against his Ne escaped the
house by jumping from the second story wndow and as he did
he encountered Of the soldiers who pointed his musket
him Elliot succeeded IN wrenching the musket from the
soldier and away the fields to the geschester Creek
which he with his broken am AT the time OF ls escape
Elliot had nothing but his shirt One OF the party hed
shot him he running for his life After swimming
the creek Elliot aroused some o the people 'g on thht su
Of the creek and obtained clothes TO put on and horse ami
wagon and started for officers.


house in which he lived well adjoining house in which
the mother Of Elliot conducted the business OF baking lhey
threatened She life OF Elliot and OF other persons there among
them the mother OF Elliot presenting mgsket at her breast
Miss Ellen Hicks and her sister Alice stood IN the door OF
rear part OF the building IN WLlch he baAehOuse sll1
Alice having her around her sisters waist and they were
about retiring the house when the prisoner Fitzgerald de


beratc raised his musket and fired The ball struck Ellen 10
the front Of the right side just below the navel passing en-
trc through her coming the left side Just above hef
thigh and buying itself the wall beyond from which was
acrward dug The soldier party then fed from the house
and an alarm having been given party Was orga1u justice
Thomas Byrne having ssned warrants for the arrest OF the
parties some OF Snom were knoNn a, Iuall 70 soa a @ u,
people the baehOuse The whole party were arrested next
morning aud the being notified held an inquest and
from testimony taken before him. committed them oil 10
await the alen OF the Grand jury by whom the prisoner and
the rest OF fNc party were indicted for murder


Miss Hicks shot about clock m the morning and lived
aor rce hours She was most estimalc lady loved
well was esteemed and beloved that her funeral the
imposing aud solemn pageant that has ever been witnessed


The prisoner was aIragned for trial on Monday afternoon
and the day spent In endclyorng 10 mpane Jury The
jurors sworn many being excused 10y te tout ou account
the that they opposed 10 capital punishment and
their would net permit them 10 render verdict OF
the that their minds bassed on the case
guilt Innocence OF the prisoner The sheriff was
ordered by the Court 90 summon sd tnrsmen On the
assembling OF the Court Tuesday morning the Sheriff made
lad summoned the tasmcn and the Court
ceeded 10 impanc the rest oi the jury


The counsel for the prisoner offered no testimony 70 ehut
the that the prisoner did shoot e young lady but DID IN
dertake prove that the prisoner that night left Fort
had been informed being badly beaten aud perhaps killed
he proved the previous good character o the prisoner


The counsel for the prisoner Francis Iakn ESD heh al
dressed the jury about h0ur and ha and tried 70 I'M
press minds that n they convicted c prisoner should
b. for murder IN the rs degree The District Attorney
followed address which lased about half hour Judge
Scrugham then charged the jury 20 the law when they re-
tired charge officer The jury out half an hour
when thcy rrturlcd into court with verdict guilty The
m oi exceptions or astay 0i proceedings The court held m
reserve the motion ior a s''y oi proceedings