The Daily Examiner ~_ SANUARY 21. 1886 m3

Tho Fitzpatrick Shooting Case.

Ronson, whose rash act caused the death of the boy Fitzpatrick, has already suffered much, and will probably | suffer in some degree throughout bis | life. But he has reason to thank his stars that he was not convicted of man- slaugeter and sent to the penitentiary. Of course he didn’t intend to do any harm,—if he did, his crime would have been murder. Of course he didn’t know that the gun was loaded—if he did, his crime would also have been"murder. But he knew that the gun he held was a} dead!y weapon, and to have a ‘“‘little bit of fun,” he snapped a cap while the muzzle was pointed towards the boy— and the boy is dead, A human life has been lost-to society ; and, as the greatest men the world has ever seen, have risen from homes just poor and lowly, it may bs that by Robinson's thoughtless act, a, great intellectual or moral light among mankind was put out. The jury, alter weighing the facts, have concluded that the death of the boy was the result of a mere accident—such an accident wou'd have happened had the gun accidentally gone off io Robinson's hands, and his companion Fisher or himself been © shot.

ree enna eas asians gS anas teresa

THH DAILY

THE CALLAGHAN MURDER.

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Alexander Gillis in the Dock.

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ON TREAL FOR HIS LIPS.

A Crowded Court Room. SUPPRESSED EXCITEMENT.

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Pen and Ink Sketch of the Prisonar,

SUMMARY OF THE CASE.

‘Mr. Morson’s Opening Address

THE EVIDENCE FOR THE CROWN,

Soon after eleven o'clock this fornoon, every available seat in the spacious Court Room was filled ; and as the minutes passed by ere the prisoner appeared, the sup- pressed excitement became more and mors intense. Every unusal noise in the door- way caused a general turning of the head in its direction. It was nearly half-past eleven o'clock when the stentorian voice of

No doubt the jury gave (as they were | bound to do) the prisoner the benefit of | every doubt in their minds; aad the | narrowness of the escape ought to boa warning to all our youths against the careless use of firearms. nn The Citizens’ Meeting.

Tue Citizens’ Meeting, held in the Market Hail on Tuesday night, was a complete farce. Citizens who had at- tended it with the expectation of being enlightened ou the state of the finances of the city, aud to ascertain the views of the candidates at the approaching election, on the water question, civie re- form and Other imporiant matters, re- ceived little or no information, but had inflicted upon them a number of irreva- lant speeches, replete with personalities aud low abuse which might afford amusement to boys, but was not calcu- lated to raise the standard of civic politics. After having endured such an infliction it is not to be wondered that citizens of any standing cannot be induced to take an active part in civie mat- ters. So longas the state of things is allowed to continue we cannot hope for any improvement in the administration of aflairs.

The attempts of the Chairman of the Finance Committee to explain the ac- counts was an utier failure, and bordered on a@ burlesque. Although a resolu- tion was passed ata recent meeting of the City Council to have all the accounts in convection with the smallpox expendi- ture published, no reference whatever was made to them by the Chairnian of the Finance Committee, It was left to an outsider to mater an improper use of a partial list of the said accounts in an under-handed attempt to prejudice a certain faction against the Mayor, and to secure votes for his opponent in the

coming contest, Comment on such questionable conduct is _ scarcely necessary, as all intelligent and fair-

minded citizens are capable of drawing their own couclusions in such matters.

With the exception of Mr. Kelly, who gave an explanation of the duties per- formed by the Chairman of the Board of Health during the prevalence of small- pox, not oae of the candidates addressed the meeting to enlighten the electors as to their views on the many important qnestions before the public; nor did the Councillors who have so _ suddenly changed their views on the water and sewerage question have a single word to say to justify their conduct. The public have a right te demand an explanation from them, and to be assured that they intend to act cousistently with the vote they gave on that occasion. Looking back at their persistent opposition to the introduction of water into the city, their recent maactvre looks very much like a dodge to catch votes for their col- leagues now offering for re-election.

lt being now geueraliy acknowledged by citizens that a proper water supply is an absolute necessity, we trust and be- lieve that no candidate for election opposed to that measure will be returned to the Council or to the Civic Chair.

The much-needed :epairs to our prin- cipal streets and sidewalks seemed to be igaored by all the speakers. We take this opportunity of again calling atten- tion of the Council and candidates to this important matter. Queen Street, Upper Great George Street, the Mal- peque Road,, aud many other streets are a disgrace to us, and ar- raugemenits should be made _ to repair them early io the spring. We venture the assertion that there is nota city or village in the Dominion, half the

size of Charlottetown, the streets of which are in such a deplorable con- ditior.

There are other matters connected

with the meeting that we should like to reter to, but space will not admit of it at present. We may return to the sub- ject at a future time.

In conclusion, electors should be care- ful not to allow politics or other side issues to influence their votes in the coming contest, a8 it is evident attempts of this kind are being made ad libitum without regard to the respective merits, of the oandidates or of the measures

Deputy Sherif Curtis, as he commanded those who filled the crowded passage-way t the way here,” gave assurance prisoner had arrived.

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| a} that ti

THE PRISONER.

As he stond in the dock, after having the handcuffs removed, the prisoner was the ecynosure of all eyes. Since we last saw him, he has grown a bushy side whisker and mousidthe, and fattened somewhat on hia prison fare. He stands about five feet eight inches in height, a stout, well formed jman, with dark, wavy hair, full forehead, deeply lined, and rather intelligent face. His heavy jaw with chin close shaven, might be that of a murderer, and then, again, it might not. There is nothing in particular, or in general about the man, to indicate that he is a ferocious criminal. He seems as self possessed as possible under the circumstances; and as he takes his seat in the dock, he smiles slightly, but poer- ceptibly, at all the excitement he is creating.

SUMMARY OF THE CASE,

About cleven o’clock on the morning of the 27th of May lasi, information was re- ceived in the cily to the effect that James Callaghan, keeper of Sherwood Cemutery, had met his death ia a shocking manuer. On that morning a young man, hiving business at the Cemetery, knocked at the

ear dict of the keeper’s lodge. He re ceived no answer to his summons, aad after knocking again entered through the door, which was slightly ajar. No person could be found in the outer room, and the visitor entered the bedroom of the keeper. Here a fearful stench greeted him, bat no person was visible. A_ parcel cf bed- clothing lay onthe floor, upon the top of which was acat. The young man moved the clothing, and was horrified to fiad wrapped therein the murdered body of the keeper. He immediately returned to town and gave the alarm. Medical men, policemen and others went quickly to the scene, and were horrilied to tind that the dreadful report was only too true. There lay the keeper in a pool of blood, his skull split, throat gashed, and other parts of his body mutilated. A close inspection de- veloped the faet that the unfortunate man had been dead for several days. The walls of the lodge were bespattered with blood, and the impress of a bloody hand was plainly visible on the wall near where the body was found. The police searched the premides, and discovered a large blunt knife—with which it was sup- posed the keeper’s throat had been cut—as well as a heavy iron gate bolt and a pota- toe-beetle with hair adhering thereto. These were all the clues that could be found and were brought to town and care- fully treasured up. A coroner’s jury was empanneled and every person whom it was supposed knew or heard anything of the murder or the murdered gave testimony, After a careful examination extending over several weeks, the jury returnedya verdict that the deceased came to his death at the hands of some unknown parly or parties In the meantime information was laid against two young men from Ruatics Road. The information was to the effact thata short time previous to the murder they bad used threatening language towards Cal- laghan. They were promptly arrested, charged with the crime and arraigned be-

fore the Stipondiary Migistrate. After a lengthy and _ thorovgh investigation,

they were discharged, having clearly proven that they could not possibly have been near Sherwood Cemetery during the time it was supposed the murder was committed. Shortly after their acguittal the man Gillis was arrested at Harmony Station for larceny. THE JURY,

Not much difficulty was found in pro- curivg s jury, though several of the jury- men were challenged, aud with little delay the jury were empanneiled, each juryman taking the following oath :—

“ Ye shall well and truly try and true deliver- ance make between Our Sovereign Lady the Queen and the prisoner at the Bar whom you shal! have in charge, and a true verdict give according to the evidence, so help you God.”

The following are the jurymen :—

Henry Woods, Foreman ; Oliver Mason, James Willis, Wellington Young, Christmas Bryenton, George Essory, John MeNeill, George Boers, Paul McPhee, William Lane, Johu Crockett, Joseph Robertson.

CKOWN WITNESSES.

The witnesses for the Crown were then called, as follows :

George Jury, Oliver Good, Horace Me- Ewen, William Long, Jeremiah McCarthy, James McCarthy, Ewen McDougall, Henry B. Smith and Henry Cundall.

THE C UNSEL. Mossrs. Hodgson, Q. C., Movson and

McNeill, appear for the Crown ; Messrs, Peters & Peters for the prisoner.

, MR. MORSON’S OPENINU ADDRESS. Mr. Morson opened the case. He de-

they advocate,

scribed the scene of the tragedy, submitting

_

plans to bring the locality clearly before the mind’s eye of the jurymen, descriie! the occupation and characteristics of Cal- laghan, and related the circumstances which led to ihe finding of the body of the murdered man, in the bedroom of tle lodge, his face bruised and bloody, his brains protruding through a fracture in the skull. The first enquiry was ‘‘who did it?” At first no clue could be found, but as time passed a most important clue was dis- covered, It will be proved that Callaghan had a watch to which was attached a chain and two gold pieces, The identity of

these articles will be demonstrated beyond a doubt. The possession 6 these articles by another person is

of itself sufficient to direct suspicion towards that person—a suspicion so strong that it it is required of the person to prove that he came honestly by them. Now, the watch was fomnd in ~ the possession of the prisoner; the chain will be traced to him, and of the two gold pieces, one has deen found, which was, beyond a doubt, thanged by the prisoner in the dock.

There are two kinds of evidence—posi- tive and circumstantial evidence. The lat- ter may be stronger evidence than the for- mer. Witnesses who claim to have seen a deed committed may, through malice or for reward, give false testimony, er sucha wit- ness may make a mistake as to the person or identity of the perpetrator of the crime. Cirtumstantial evidencs, on the other hand, is often conclusive in cases where no eye but that of the Almighty saw the crime committed. If the cham be strong and complete, link by link, it is as good evi- dence as can be obtained. Now the day on which the murder was committed was, it is believed, Wednesday, the 20th of May. It was a rainy, misty, dull, dark day. In the week previous to that day the prisoner was at Harmony, a settlement about fifty miles from the city, On the Friday evening pre- vious to the murder, Gillis attended a party there, and he was seen at Harmony on Saturday. On Monday morning he left Harmony by train for Chariottetown. When he left he wore a moustache but no whiskers ; but at Mount Stewart, on the way down, he had the monstache cut off, and when he arrived in the city he gave his name as Melnnis. The person at whose honse he put up happened to be well ac- quainted with the Mclania’ at Harmony, and asked him particularly if he were a cousin of Patrick Mclunis, and other ques- tions to connect him, if possible, with the Mcinnis’ at the «astward, the result of his enquiries not being at all satisfaciory. On Wednesday, the day of tho murder, the prisoner left his boarding house, saying that he was going away by train, but forgot to pay his bill. This caused his boardicg master to go down to the station, and to search the train as it was leaving. But the prisoner was not there, and did not leave the town by train that forenoon. * °* * ae The next day, however, the prisoner was at Mount Stewart, and io his possession were the two gold pieces owned by the murdered Callaghan. One of these pieces he changed at Mount Stewart. A witness will be produced who will swear that he got it from the prisoner. The pri- soner wanted to purchase some articles. He went out to get change and came back laughing, and said that people were rather peculiar about there, fur a man had refused to change the gold piece because it had a hole init. He had, however, carried it to the station master, who had changod it for him ; and in the possession of the station master the picce was found, which will be identified eas the very coin owned by Cal- laghan, On the Friday after the murder, the prisoner turned up again at Harmony, but with his moustache shaved clean he was not the same manat all. On that evening he seemed nervous and fidgety. He was for several days anxious to hear the news from town; and on being told about the murder, said that he knew Callaghan when he was living in town and keeping a boxing school. In speaking to him of the crime, it.was remarked that no one would think there were men in the Island capable of doing such a deed. The prisoner replied : ‘‘Oh, yes, there are plenty, but the mur- derer in this case will never be found out.” Witnesses will be pr duced to prove that while in jail the prisoner wrote to a person in Harmony respecting the testimony he would give at the trial. Restless and un- easy, the prisone soon left Harmony end wandered back to Charlottetown, where he appeared under another name—the name of McCormack - and the last that was seen of him‘before his arrest was his going into the woods in the vicinity. Mr. Morson commented upon the peculiar conduct of the prisoner; remarked that it was fortu- nate that the murderer had thrown the bed-clothes over his victim, so that the moisture was thus retained in his clothes and the Crown were enabled to fix upon Wednesday—the day upon which the pris- oner was to have left by train, but did not —as the day of the murder—a rainy, misty, dull day, during which the murdered man was engaged in planting potatoes in his garden ; connected the several links of the evidence adduced, and commended the case to the serious atteutien of the jury.

EVIDENCE FOR THE CROWN,

Tuomas McKINLAY, (sworn) testified that he had made the plans of the locality as submitted, and that they were correct.

JOHN A. LONGWORTH, (sworn), On Sunday, the 2ith May, I went to Sherwood Cemetery but did notsee Callaghan. Lertered by the lower gate at the western end, As I drove up, I noticed that Callaghan had left a busket and his garden tools inthe garden. I thought it peculiar that he should have left them there on Sunday. J drove past the house. The door of the porch was closed. | drove up through the graveyard to see if the sodding had been done. I afterwards drove to the house. I found the outside door open, and inside the doorway, behind the door was a basket with potatoe sets init. The sets were dried upas if cut three or four days. Everything was upside-down in the _ kitchen. Beans and peas were scattered over the floor. I knocked and shouted but got no reply. I went to the inner room door and looked in, I saw bed- clothing lying on the floor between the door and the bed, Also saw a trunk or box in the southeast corner of the room. Isaw no person. I thought the trunk was open. I looked up stairs, I saw no person. Llookedin the out-houses but could see noone, I saw sets In a basket in a wheel- barrow, ‘Then I drove up to Prowse’s.

"shown witness.)

. TANU.

did not move anything except the bedclothes. There was blood on the right hand of the body. The hand was black. I went out and drove around the Comsasety Afterwards I went in again. In the garden found a garden line, stand,

2 has

and basket with a few potato} sets in it. I did |

not now. the seta particularly, I saw a wheel- barrow there alsu. I Afterwards returned with the Coroner and the City Marshal. I saw an iron gate bolt with the Marshal. The bolt was about 18 inches in length. Also saw apiece of wood like a potato pounder, about a foot and a half ip length, I did not handle them. When I entered the keeper’s room the second time I saw blood on the,walls and ceiling.

Examined by Mr. Peters—The walls were spattered with blood in a few places. The spots were not large. I made no examination of the sremises, I did not notice anything in the room woken. The only articles I saw in the room were bedstead, table and trunk. Callaghan’s arm was around the table.

Cuas. JOHN CLARKE, (sworn)—Examined by Mr. Morson. I live of*Pleasant St., in this city. I am a section foreman on the railway from Charlottetown to Royalty Junction, last saw Callaghan on the 20th May. The weather was cold and drizzling rain at the time, Isaw him in oat of hisown house. I was talking to him for about ten minutes. He was pianting potatoes. He had ofa black overcoat, and hard dark hat. He hada spade and a basket of potato sets with him. The time was about four in the afternoon, This was the last I saw of him.

Examined by Mr, Peters—There was only one regular train going eastatthe time. It went up abont half-past two o'clock that afternnon. I think the train went up before I saw Callaghan,

PreTEeR CoNROY, (sworn)—Examined by Mr. Morson. I[amacoroner for Queen's Co_ I held a post mortem on Callaghan on the 27th May last, in cottage in cemetery. I Entered byjporch door, and passed into little room on right gide of hall. In corner of room saw pile of bed-clothing. Saw bedstead without clothing. On removing pile of clothing, saw Callaghan lying on face with legs doubled up. Bleed covered floor for quite a space around, Walls and ceiling were also spattered, Quite a heavy patch of blood on walls Saw table in corner. A man’s head ; rubbing against wall might make patch of blood. The blood on ceiling wasin spots. Examined body. Began athead. The scalp had been separated from the skull for two or three inches, The skull itself was extensively fractured, and brain sub- stance exuding from wound, Passed my (finger through wounds in head. The bone which forms back part of head was_ fractured, Turned him over fand examined face, Found severe scalp wound over left temple. Over the right eye was a very severe bruise; and the features were much swollen and almost unre- cognizeable. His throat had been cut. | sawa wound about three inches long across the wind-

pipe. It did not sever windpipe or any ‘of large arteries. On the back of the — hand was a wound. It looked as though he had received

a severe wound there. On one of the fingers of the left hand I found a wound about an inch long and a quarter inch in breadth, evidently done by a sharp instrument. ‘These were all the wounds I could find on the body. He had on an ordinary working suit. ‘ihe wounds on the head were evidently done by

a heavy blunt instrument. The wounds were inflicted before death, [ was there when jury was summoned, Am not posititive that I saw

a wooden billet at the house, but sawit at the

coroner’s inquest. It had spots of blood and few hairs on it. Theygshowed me a heavy iron bar, which, I was. told, was found

in the cellar of the lodge. The bar looked bright, I think these instruments (the potatoe beetle ane gate bar) might produce wounds such as I saw on the man’s head. Things were tossed about in the kitchen. I saw bed, table and box in the bedroom, Quitea number of people were present when I got there, Brenton Longworth told me of the murder first. The throat was evi- dently cat with a duét knife. ] am of opinion that the wound in the throat was made immediately after death. The blood on the ceiling was evidently thrown there from the instruments used in the murder. In using the instruments blood would fly off on to the ceiling. There ‘were several blows delivered after death. The legs were evidently doubled up under the body so that the mattrass might hide the bady completely. think the man had fallen on the floor after re- ceiving the blows on the temple. When{down,the attempt was made to cut the throat ‘and break the back of his head. I do not think the man was dead when the blow on the back of the head was given, If this blow had been given at the beginning, it would have settled him at once, Everything denoted a struggle. I saw a small jacket. ‘I extmined clothing, which was & tittle damp. His head was_literally covered with blood. (Potato beetle, gate bar ands knife, shown witness.) Those instruments were exhibited at the Coroner’s In- auest.g@They might cause the wounds fbut it does not foilow that they did. The potato beetle is in much the same condition as whenfl last saw it. IT think there is a trace of blood on it, (Knife The wound in the throat could be made with this knife.

——e ———

To the Ciyie Electors, City of Charlottetown :

X ENTLEMEN,—At the earnest request

KA oof avery large number of the citizens, I am a candidate for your suffereges at the approaching Civic Election, and ui returned will use my best endeavours to forwrrd the interests of the City,

My views on the water question have not changed since you elected me last year, and J hope that there will be a m2jority returned to the Council Board this year, instructed by you, gentlemen, to teke the earliest possible opportunity ef intreduciag a system of waterworks, by a Company, in accordance with our means and requireme i's

I am, gentlemen, yours truly, HENRY BEER. Jan. 21, 1886

To the Electors of Ward 4.

“M ENTLEMEN,—At the request of a

large number of the electors of Ward 4,

I have decided to contest the Ward, and now solicit your support.

Believing that a large majority of our citi zons are strongly in favor of the introduction of water for fire purposes by a company, I shall, if elected, do all I can to have water brought in, under the best possible arrange- meut for the citizens

I remain, gentleman, yours truly, JOHN LEWIS. Jan. 21, 1886—51

SINGING SCHOOL.

L “AVING been earnestly requested by many of the singers of Charlottetown to open 3

SCHOOL OF MUSIC,

where a eomp'ete knowledge of the Radi- ments of Vocal Music can be acquired,and, in pursuance of the above rcqaest, I will meet all those who are desirous of ecquiring the artof Reading Vocal Music at Sight, at my rooms, SCOTT’S HALL, KENT STREET, on THURSDAY EVENING, JAN, 2f7n, at 8 o'clock.

Let all who wish to atter.d be present the first night if possible.

TERMS. $1.00 FOR 12 LESSONS.

Drs; Bil ERS Hi;

Examined by Mr, Peter’s—On my first visit the!

back-door was shut. I think the front door was also shut. Isaw potato sets inside the door; also in the wheelbarrow outside, They were dried up; I do not remember whether or not I went to the front door on Tuesday.

Court adjourned tiil 2 o’clock.

Court resumed at 2 o'clock.

BRENTON LONGWORTH (sworn)—Examined bv Mr. Morson, I wasin the Cemetery on the 27th of May last. I knew Callaghan to see him. I drove up to the Cemetery. I went to the back

door of the keeper’s house. The storm coor was |

open and the inside door ajar. I knocked but got no answer. !saw no one. kitchen tothe bedroom. Isaw bedclothes on the floor. Isawa black cat on thetop of the bed- clothes. I kicked at the cat and struck the bed-

clothes, hitting a man’s leg. I turned over the | bedclothes and discovered therein a man lying face downwards, with arm around leg of a table.

I went through the |

'

Teacher of Vocal Music & Voive Buildiag.

‘harlottetown, Jan, 2!, 1886.—dy tl dte , y

Wight Sales.

BY Auction, at my Salesroom, on THURSDAY, FRIDAY and SATURDAY nights, at 7.3 o'clock, a general assortment of Dry Goods, Crockery ware, Books, Fancy Goods, &c., &c.,

G, M. HARRIS, Jan, 20th, ’86. Auctioneer,

LONG CLEAR BACON

Nh E*S PORK, Breakfast Bacor, Spiced

Rolls, Sugar-cured Hams, Camberland Bacon, and Lard, in car-lots or levs quantitier, Address

J. GRIFFIN, Pork Packer, $t, Thomas, Ont, Jan. 16, ’86—2aw 3mos

ee" | oa = -

A “FY f 7

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PG OSG AI OT LE

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ne 8 (8 ee renee

L EK. PROWSE requests a set- tlement of All Amounts due him within 80 days.

Amounts not paid will be handed over for collection,

i aR Oe ee,

Sigm of the BIG HAT, 74 Queen Street.

Ch’town, Jan. 21, ’86--eod wky

JAIVIES PATON & CO,,

SUCCESSORS

_so'W. &. WEEKS & CO., PRICES ALWAYS Low!

i | New Post Office

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Market House

MAREET SQUARE.

Stam per’s Stop St. Patrick’

Corner. Here Hall

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Buy your Dry Goods from JAMES PATON & CO, the above Plan will show you where to find them. Ch’town, Jan. 19, 1886.

"SUvoae®s LSasUuvrt

special Sale.

emeiunieaniiatahneneinedl Samiiiieitpiemapeiiai

Closing-out of the Entire Stock of GENERAL GOSDS at the

LENGEN HBUSH!

a eae Q-

DRY

GEO. DIVES & CO., intending to make a change in their present business, effer the whole of their MAGNAIFE

CENT STOCK OF MERCHANDEZE at prices that cannot fail to make a clearance.

This isa BOWA FIDE SALP, as the stock must be dis- posed of duriag the next few months, and will present a Grand Oppertunity to all buyers for Cash.

ur Wholesale Customers will be supplied on the usual Terms.

Cz0, DAVIES & Co.

Ch’town, Dee. 9, 1885.

Shoddy Boots Played Out.

Get a2 Pair ef Gur Own Make of Solid Leather Bveots—Cheapest and Best.

DORSEY, GOFF « CO.

Ch’town, Dec. 16, 1835,

BOOK-BINDING, PAPER-RULING

——AND—

BLANK-BOOK MAKING, MOHAGHAN’S BUILDING, QUEEN SQUARE,

LL kinds of BOOK BINDING executed at Lowest Prices and with Quick Despatch Raling, Numbering and Perforating for the Trade promptly attended to, BLANK~ ‘BCOKS A SPECIALTY.

gw A Share of Patronage Solicited.

JAMES D. TAYLOR & CO.,,

QUEEN SQUARE.

Ch’town, Jan. 12, 86 - Gmos 2aw

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en