FITZSIMMONS’S CASE.% «iIt Must 13e Tried In tho Oomlnf Court ofSessions.In tho Court of Sessions this morning. Attorney John McLennan made a motion to put the case of the people againstRobert Fitzsimmon's over tho term oil■the ground that the Surrogate had' appointed him to go to California in search' of Ansel White, jr., the missing maternal uncle of Daniel Edgar Crouse. He was ready to try tho ease, he said,but owing to this appointment be couldn't possibly do so. He thought it would be to tho disadvantage of Fitzsimmons to allow any other attorney to take hold of the matter at this time, osho had gathered much valuable evidence and it would take more time for♦him to explain to a successor the cn.se in its many details than he had at his disposal, as he and E. H. O’Hara, who was also appointed to make the search, expected to leave the city on Tuos-' day.District Attorney Shovo opposed the motion, stating that he thought the case ought to be tried. Ho had wanted to try it at the January Oyer and Terminer and agaiu at the March tom of that coxtrt, bu it had been impossible on botli occasions. There was other very able counsel interested in the mat-; tor, who could do justice to the defend-1 ant irt the trial of the case. They were : Emanuel Friend of New York and Louis L. Waters of this city, and )Oth or either of them were able enough to thoroughly look after Mr. Fitzsimmons’s interests.*‘Ou your statement, isn’t it possible that the ease may also have to go overthe J ne tenr n account of your absence?” asked Judge Ross of Mr. McLennan.