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FITZSIMMONS’S CASE.It Must Be Tried In tho Coniine Court ofSessions.In tho Court of Sessions this morning. Attorney John McLennan made a motion to put the case of the people againstRobert Fitsssimrnoris over tho term oii■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 he couldn't possibly do so. He thought it would be to the disadvantage of Fitzsimmons to allow any other attorney to take hold of the matter at this time, oslie had gathered much valuable evidence and it would take more time for♦him to explain to a successor the case 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 Tuesday.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 again at the March term of that coxirt, but it had been impossible on botli occasions. There was other very able counsel interested in the matter, who could do justice to the defendant irt the trial of the case. They were Emanuel Friend of New York and Louis L. Waters of this city, and both or either of them were able enough to thoroughly look after Mr. Fitzsim-j many's interests.1 Ou your statement, isn’t it possible that the ease may also have to go overthe June term on account of your absence? asked Judge Ross of Mr. McLennan,Possibly, that is so, said Mr. McLennan. “I do not know. We mayfind the missing heir in two weeks andif so our mission will be at an end.”I don’t think it will take my friends,John and O’Hnra more chan threemonths to spend that $5,000, put in Mr. Shove.Judge Ross, after consulting with hisassociates, denied the motion to put the case over. The application, he said, was ..unpleasant to puss upon, but hethought if the case went over to the June term, it would ge a great inconvenience to a number of people. It would probably be necessary to draw an extra panel of 100 jurors and at that season of the year it was a hardship to ask farmers to leave their farms I and come to the citv to serve upon a ' jury- The convenience of these people wa more important than that ofMr. McLennan’s.__Work Whs Out of Work.
Newspaper Details
Syracuse Evening Herald
Syracuse, New York, US
Sat, Apr 06, 1895
Page 6
Full Page
Clipped by
Onondaga C.
NY, USA 12 Nov 2021
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