Trial Of Mary Fitzpatrick
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The trial of Mary Fitzpatrick of November 1882, before Justice Henry Hawkins, was an English murder and robbery case at the York Winter
Assizes The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
in the
assize courts The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
at
York Castle York Castle is a fortified complex in the city of York, England. It consists of a sequence of castles, prisons, court, law courts and other buildings, which were built over the last nine centuries on the north-west side of the River Foss.Coop ...
, which drew much attention in contemporary newspapers. It followed the death of 24-year-old
glass blower Glassblowing is a glassforming technique that involves inflating molten glass into a bubble (or parison) with the aid of a Blowpipe (tool), blowpipe (or blow tube). A person who blows glass is called a ''glassblower'', ''glassmith'', or ''gaffer'' ...
James Richardson, who was last seen alive in the company of rag sorter Mary Fitzpatrick, aged 23, and was next seen dead in the water without his
watch A watch is a timepiece carried or worn by a person. It is designed to maintain a consistent movement despite the motions caused by the person's activities. A wristwatch is worn around the wrist, attached by a watch strap or another type of ...
and chain. The Coroner's Court returned a verdict of "wilful murder." Fitzpatrick and Richardson lived in
slum A slum is a highly populated Urban area, urban residential area consisting of densely packed housing units of weak build quality and often associated with poverty. The infrastructure in slums is often deteriorated or incomplete, and they are p ...
areas of
Leeds Leeds is a city in West Yorkshire, England. It is the largest settlement in Yorkshire and the administrative centre of the City of Leeds Metropolitan Borough, which is the second most populous district in the United Kingdom. It is built aro ...
; Fitzpatrick was tried by at least five
aristocrats Aristocracy (; ) is a form of government that places power in the hands of a small, privileged ruling class, the aristocrats. Across Europe, the aristocracy exercised immense economic, political, and social influence. In Western Christian co ...
. She was convicted of
robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...
, and sentenced to
penal servitude Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence involving penal labour have included inv ...
for six years. At the time of the trial she had two young children.


Mary Fitzpatrick, perpetrator

Mary Fitzpatrick (b.1855–1859) née Corcoran, alias Mary Anne Gollagher, was born in
Leeds Leeds is a city in West Yorkshire, England. It is the largest settlement in Yorkshire and the administrative centre of the City of Leeds Metropolitan Borough, which is the second most populous district in the United Kingdom. It is built aro ...
, West Riding of Yorkshire, England. She was the daughter of Richard Corcoran (b.ca.1829) a
greengrocer A greengrocer is a person who owns or operates a shop selling primarily produce, fruit and vegetables. The term may also be used to refer to a shop selling primarily produce. It is used predominantly in the United Kingdom and Australia. In the ...
and labourer, and his wife Catherine née Connor (b.ca.1832), both from
County Mayo County Mayo (; ) is a Counties of Ireland, county in Republic of Ireland, Ireland. In the West Region, Ireland, West of Ireland, in the Provinces of Ireland, province of Connacht, it is named after the village of Mayo, County Mayo, Mayo, now ge ...
. Richard and Catherine married in Leeds in 1850. in 1851 the young couple were living at 8 Dufton's Yard with a number of Irish lodgers. They were "respectable" Roman Catholics and "migrants from famine-torn Ireland ... a poor family struggling to make ends meet." They were living at 162 York Street, Leeds in 1861,1861 England Census 3380/85/p.2 and at 72 York Street in 1876. Mary's younger siblings were: Amy (b.ca.1865), and Michael (b.ca.1868).1871 England Census 4554/41/p.7 The 1881 Census shows Mary's parents Richard and Catherine living at 15 Orange Street; Richard had lost his greengrocer trade and been a labourer since before 1851. By 1876 he was a hawker. The yards inhabited by the Corcoran family were ginnels or
alley An alley or alleyway is a narrow lane, footpath, path, or passageway, often reserved for pedestrians, which usually runs between, behind, or within buildings in towns and cities. It is also a rear access or service road (back lane), or a path, w ...
s inside the
slum A slum is a highly populated Urban area, urban residential area consisting of densely packed housing units of weak build quality and often associated with poverty. The infrastructure in slums is often deteriorated or incomplete, and they are p ...
area around the edge of Quarry Hill. They were living in the Quarry Hill area, where at that time, many houses had "no piped water supply or proper sewerage system ... Sometimes there weren't even any ... outside toilets; people used a bucket which could be emptied on a common midden." Mary was attending school by the age of six years, so that she was sufficiently literate to sign her marriage certificate. By the time she was 15 years old, she was working as a mill hand, "a hard and dangerous job for a child." Mary and her family had no recorded offences before Mary married. She married Irish iron puddler Thomas Fitzpatrick (b.ca.1857), son of flour miller Patrick Fitzpatrick, at St Patrick's Chapel, York Road, Leeds, on 1 May 1876. Marriages Jun 1876 Fitz Patrick Thomas Leeds 9b 742a. The marriage certificate says: First May 1876 at St Patrick's Chapel (Roman Catholic), York Road, Leeds, Thomas Fitzpatrick bachelor and puddler 19 years, son of flour miller Patrick Fitzpatrick, of Craven Street Leeds, and Mary Corcoran spinster 20 years, daughter of hawker Richard Corcoran, of 72 York Street Leeds. Both signed the register; witnesses were John Hall and Mary Ryan. They had two children, one named John (b.ca.1876), and in 1881 the Fitzpatrick family was boarding at New Yard,
Workington Workington is a coastal town and civil parish in the Cumberland district of Cumbria, England. The town is at the mouth of the River Derwent on the west coast, south-west of Carlisle and north-east of Whitehaven. At the 2021 census the ...
, Cumberland. By the time of her 1882 trial, Mary was living in Lemon Street, Quarry Hill, and was separated from her husband, who had emigrated to America amid the negative pre-trial publicity. Mary Fitzpatrick (2).JPG, Mary Fitzpatrick, 1880s Duftons Yard Leeds 1901.jpg, Former Dufton's Yard, where Mary's parents lived in 1851 Lemon Street Quarry Hill Leeds (1).jpg, Former Lemon Street, where Fitzpatrick lived in 1882


Fitzpatrick's criminal record

After Mary's children were born, she began drinking. In 1879 she was sentenced to seven days' imprisonment for riotousness, and then to four months and two months for stealing flannel and handkerchiefs respectively. On Thursday 10 June 1880 at
Dewsbury Dewsbury is a market town in the Metropolitan Borough of Kirklees in West Yorkshire, England. It lies on the River Calder, West Yorkshire, River Calder and on an arm of the Calder and Hebble Navigation waterway. It is to the west of Wakefield, ...
Borough Court, three young women, including one Mary Fitzpatrick, were charged by the Mayor, Alderman John Bates, with obstructing a footpath at 6.30pm on 3 June, in School Road, Daw Green. Fitzpatrick was fined 5 shillings and costs. Under the name of Corcoran, on 21 June 1880 at
York York is a cathedral city in North Yorkshire, England, with Roman Britain, Roman origins, sited at the confluence of the rivers River Ouse, Yorkshire, Ouse and River Foss, Foss. It has many historic buildings and other structures, such as a Yor ...
, she was convicted of
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
. She was committed to two months imprisonment for stealing a scarf and hat. After being released, she was then caught under a bed at the scene of a robbery, however she was not convicted on that occasion. She was placed under police supervision, and apprehended again in September of the same year as a "suspect person". She remained out of prison for a year or more, but her marriage had broken up by 1881. At her 1882 trial, the judge said that she had already been convicted of three felonies in total, and the ''Derby Daily Telegraph'' reported that Fitzpatrick had a " loose character".


James Richardson, victim

James Richardson's father was Charles Richardson (Hunslet ca.1819 – Hunslet Carr 8 June 1880), a
coal miner Coal mining is the process of extracting coal from the ground or from a mine. Coal is valued for its energy content and since the 1880s has been widely used to generate electricity. Steel and cement industries use coal as a fuel for extrac ...
who eventually died of
tuberculosis Tuberculosis (TB), also known colloquially as the "white death", or historically as consumption, is a contagious disease usually caused by ''Mycobacterium tuberculosis'' (MTB) bacteria. Tuberculosis generally affects the lungs, but it can al ...
, and his mother was Mary Richardson née Howden (b. Hunslet ca.1820) who managed a
grocery shop A grocery store ( AE), grocery shop or grocer's shop ( BE) or simply grocery is a retail store that primarily retails a general range of food products, which may be fresh or packaged. In everyday US usage, however, "grocery store" is a synonym ...
and was illiterate. Charles and Mary married in Leeds in 1838. Between 1861 and 1871, the family lived at 31 Balm Lane,
Hunslet Hunslet () is an inner-city area in south Leeds, West Yorkshire, England. It is southeast of the Leeds city centre, city centre and has an industrial past. It is situated in the Hunslet and Riverside (ward), Hunslet and Riverside ward of Lee ...
, and then at least from 1881 at Taylor's Place, Low Road, Hunslet Carr. Richardson (Hunslet 16 July 1858 – Hunslet 15 August 1882), born at 3 Carr Place, Hunslet, Births Sep 1858 Richardson James Hunslet 9b 258. His birth certificate says: "Sixteenth July 1858 (at) 13 Carr Place, James, boy, (father) Charles Richardson, (mother) Mary Richardson fermerly Howden, (father's occupation) coal miner, (informant) X the mark of Mary Richardson mother 13 Carr Place Hunslet, (registered) nineteenth July 1838." Note the date error on the certificate. The death certificate and trial reports confirm year of birth as 1858. was the youngest of eight siblings. They were William (b.ca.1839) a coal miner and later a
broker A broker is a person or entity that arranges transactions between a buyer and a seller. This may be done for a commission when the deal is executed. A broker who also acts as a seller or as a buyer becomes a principal party to the deal. Neither ...
, Elizabeth (b.ca.1843) a
flax Flax, also known as common flax or linseed, is a flowering plant, ''Linum usitatissimum'', in the family Linaceae. It is cultivated as a food and fiber crop in regions of the world with temperate climates. In 2022, France produced 75% of t ...
spinner Spinner may refer to: Technology * Spinner (aeronautics), the aerodynamic cone at the hub of an aircraft propeller * Spinner (cell culture), laboratory equipment for cultivating plant or mammalian cells * Spinner (computing), a graphical widget in ...
, John (b.ca.1844) a coal miner, Mary (b.ca.1847) a flax spinner, Charles (b.ca.1849) a
brick A brick is a type of construction material used to build walls, pavements and other elements in masonry construction. Properly, the term ''brick'' denotes a unit primarily composed of clay. But is now also used informally to denote building un ...
maker, and Emily (b.ca.1854) and Sarah (b.ca.1856), both flax spinners.1861 England Census 73/3367/32/p.121871 England Census 83/4512/37/p.161881 England Census 18/4487/156/p.27 Richardson was a
glass blower Glassblowing is a glassforming technique that involves inflating molten glass into a bubble (or parison) with the aid of a Blowpipe (tool), blowpipe (or blow tube). A person who blows glass is called a ''glassblower'', ''glassmith'', or ''gaffer'' ...
, or
glass bottle Common uses for bottles made from glass include food condiments, soda, liquor, cosmetics, pickling and preservatives; they are occasionally also notably used for the informal distribution of notes. A glass bottle can vary in size considerably, b ...
maker, most likely an employee of Alfred Alexander & co., Hunslet Glass Works, in South Accommodation Road. He was 24 years old when he died. Deaths Sep 1882 Richardson James 24 Hunslet 9b 200. The death certificate says: 1882 19 August found in the River Aire near the old dam, Hunslet. James Richardson, male, 24 years, glass bottle maker, Taylor Place, Hunslet Carr. Injuries to the head, wilful murder by some persons or persons unknown. Certificate received from John C. Malcolm, Coroner for Leeds Inquest, held 21 August and adjourned to the 4, 12 and 26 September 1882. (Registered) twenty-eighth September 1882. Taylors Place Hunslet (1).jpg, This
ginnel A ginnel is a word in various Scottish and northern English dialects describing a fenced or walled alley between residential buildings that provides a pedestrian shortcut to nearby streets.

Richardson's mother Mary last saw him between eleven and twelve o'clock midday on the day of the Hunslet Feast, Tuesday 15 August 1882, when he "left home in company with a young man named James Ramsden", and his elder brother William saw him wearing his silver
watch A watch is a timepiece carried or worn by a person. It is designed to maintain a consistent movement despite the motions caused by the person's activities. A wristwatch is worn around the wrist, attached by a watch strap or another type of ...
and gold Albert chain on the afternoon of that day, at the Feast. At that time, the Feast was on Penny Hill, adjacent to St Mary's Church in Hunslet. Richardson "spent his time in going from one
public-house A pub (short for public house) is in several countries a drinking establishment licensed to serve alcoholic drinks for consumption Licensing laws of the United Kingdom#On-licence, on the premises. The term first appeared in England in the ...
to another, the result being that in the evening he was in a very drunken state." The glass blower Benjamin Ryan (b.ca.1857) was a colleague of James, and an erstwhile boarder with his family. He saw Richardson on the night of 15 August. "He left him at the Exchange Inn, about ten minutes to ten, when the deceased was drunk. yan/nowiki> wanted to take his watch and guard for safety, but the deceased refused to give them to him."


Last known movements of victim

Richardson and Fitzpatrick were seen at two public houses together. When Ryan saw them, itzpatrick/nowiki>, who seemed to be sober, was standing at the bar of the '' taps'' in the
xchange XChange or X-Change may refer to: * ''XChange'' (film), a 2000 Canadian science fiction film * ''Xchange'' (TV series), was a BBC Children's television programme * X-Change, a Chinese spin-off of ''Wife Swap'' (British TV series) See also * * * ...
/nowiki> public house," a place for
working class The working class is a subset of employees who are compensated with wage or salary-based contracts, whose exact membership varies from definition to definition. Members of the working class rely primarily upon earnings from wage labour. Most c ...
men only at that time. "At ten minutes to ten ...
ames AMES, short Air Ministry Experimental Station, was the name given to the British Air Ministry's radar development team at Bawdsey Manor (afterwards RAF Bawdsey) in the immediate pre-World War II era. The team was forced to move on three occasion ...
/nowiki> was alone, and itzpatrick/nowiki> was standing at the counter. She appeared to be sober, and in yan's/nowiki> opinion, did not know Richardson." This might raise the question of whether Fitzpatrick was not in the inn for fun, but was planning to follow a selected stranger with a view to theft. Fitzpatrick was seen drinking alongside Richardson later that evening. By ten-thirty, Richardson and Fitzpatrick were spotted by a public house waiter, Samuel Holdsworth, "standing together in the passage of the George IV inn. Both of them were drinking (the former being the worse for liquor), but they did not speak to one another. When ichardsonleft the house, itzpatrickfollowed him. He saw both of them walking together along Church Street, and saw itzpatricktake hold of ichardson'sarm, because he was "walking unsteadily." They were walking in the direction of the Hunslet Old Mill Dam. Richardson's brother William last saw him at 11.30 p.m. that night in Balm Street, where they had lived as children. James Richardson was never seen alive again after the night of 15 August, and Fitzpatrick was the last person to see him alive.


Death of victim, and robbery

Richardson died between Tuesday 15 August which was the night of Hunslet
Feast A banquet (; ) is a formal large meal where a number of people consume food together. Banquets are traditionally held to enhance the prestige of a host, or reinforce social bonds among joint contributors. Modern examples of these purposes inc ...
, and the following Saturday. His body was found on Saturday 19 August 1882 in the Old Mill Dam near Hunslet Old Mill. He had died before his body entered the water.


Richardson's watch and chain

The body of James Richardson was found on Saturday 19 August in the Old
Mill Dam A mill dam (International English) or milldam (US) is a dam constructed on a waterway to create a mill pond. Water passing through a dam's spillway is used to turn a water wheel and provide energy to the many varieties of watermill. By raising t ...
on the
River Aire The River Aire is a major river in Yorkshire, England, in length. Part of the river below Leeds is canalised, and is known as the Aire and Calder Navigation. The ''Handbook for Leeds and Airedale'' (1890) notes that the distance from Malha ...
at Hunslet Carr. Fitzpatrick was found either in possession of Richardson's
watch A watch is a timepiece carried or worn by a person. It is designed to maintain a consistent movement despite the motions caused by the person's activities. A wristwatch is worn around the wrist, attached by a watch strap or another type of ...
and chain, or it was still with the
pawnbroker A pawnbroker is an individual that offers secured loans to people, with items of personal property used as Collateral (finance), collateral. A pawnbrokering business is called a pawnshop, and while many items can be pawned, pawnshops typic ...
Thornton of Kirkgate, Leeds. Either way, after being caught, she said that Richardson had given the watch to her. It would later be alleged that after the death of Richardson, Fitzpatrick "pawned a watch and guard, and finger ring belonging to him." Fitzpatrick had pledged the gold chain at Thornton's on Saturday 19 August, "which she asked an advance of 5s. She stated that her husband had pawned the guard several times for £2 10s, but she only wanted a few shillings to make some small purchases. She pledged it for 5s in the name of Mary Mochan of 4, Spring Street, and said her husband's name was Thomas Mochan. She was accompanied by another woman." On Monday 21 August, an unknown person pawned Richardson's watch at the same pawn shop. "The next morning itzpatrick/nowiki> again went to the shop and obtained a further advance of 18s on the chain, stating that her husband had been locked up and fined." Fitzpatrick knew that the chain was solid gold. Richardson's brother William, now a broker, identified the pawned silver lever watch and gold chain as James Richardson's; he "produced a hand-book belonging to his brother, containing the number of the watch." The body was without the watch and chain, and without Richardson's gold ring and silk handkerchief when it was viewed at the Wellington Inn, Hunslet.


Remand


Fitzpatrick is apprehended

On being taken into custody, Fitzpatrick asked: "What am I going to be charged with?" revealing that she "evidently knew something of Richardson's demise." She then absconded, thus increasing suspicion of her guilt, and was apprehended by Detective Easby in Hull on Saturday 9 September 1882. At Leeds, Fitzpatrick was indicted for wilful murder and robbery. Messrs Mellor and Banks were Counsel for the prosecution, and Vernon Blackburn was Counsel for the defence. "With considerable emotion," she pleaded not guilty. On Monday 11 September she was charged at Leeds Police Court in Leeds Town Hall before Mr Bruce with wilful murder and theft. After hearing witness statements, the Court ordered that she be remanded for another week for further collection of evidence. Mary was
remanded Remand may refer to: * Remand (court procedure), when an appellate court sends a case back to the trial court or lower appellate court * Pre-trial detention, detention of a suspect prior to a trial, conviction, or sentencing See also *'' Remando ...
in custody on 11 September 1882 on a charge of robbery with violence, and
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
. Another report said that she was indicted for "having wilfully caused the death." On Monday 18 September she was back in the Town Hall, and charged on remand with wilful murder and stealing the deceased's property. On 20 September 1882, Fitzpatrick was charged
on remand Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is ...
at
Leeds Town Hall Leeds Town Hall is a 19th-century municipal building on The Headrow (formerly Park Lane), Leeds, West Yorkshire, England. Planned to include law courts, a council chamber, offices, a public hall, and a suite of ceremonial rooms, it was built be ...
, firstly with wilful murder, and secondly with stealing and pawning a watch and guard. At the inquest held at the Wellington Inn, Hunslet on Thursday 26 September 1882, the Leeds borough coroner found "injuries to the head" and returned a verdict of wilful murder.


Trial

Fitzpatrick was removed from Armley Gaol on 3 November 1882, and her trial, on the
capital Capital and its variations may refer to: Common uses * Capital city, a municipality of primary status ** Capital region, a metropolitan region containing the capital ** List of national capitals * Capital letter, an upper-case letter Econom ...
charge of wilful murder, began on Saturday 4 November 1882 at the
Yorkshire Yorkshire ( ) is an area of Northern England which was History of Yorkshire, historically a county. Despite no longer being used for administration, Yorkshire retains a strong regional identity. The county was named after its county town, the ...
Winter
Assizes The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
in the
assize courts The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...
at
York Castle York Castle is a fortified complex in the city of York, England. It consists of a sequence of castles, prisons, court, law courts and other buildings, which were built over the last nine centuries on the north-west side of the River Foss.Coop ...
, with the
Grand Jury A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
being sworn in at
York Guildhall The Guildhall York is a municipal building located in St Martins Courtyard, Coney Street, in York. Located behind the Mansion House, York, Mansion House, it is a Grade I listed building. History The building was constructed as a meeting place ...
. The judge was Sir Henry Hawkins JP who, having presided over numerous murder trials, was known as '' Hanging Hawkins''. He processed to
York Minster York Minster, formally the Cathedral and Metropolitical Church of Saint Peter in York, is an Anglicanism, Anglican cathedral in the city of York, North Yorkshire, England. The minster is the seat of the archbishop of York, the second-highest of ...
where he was met by the
Dean of York The Dean of York is the member of the clergy who is responsible for the running of the York Minster cathedral. As well as being the head of the cathedral church of the diocese and the metropolitical church of the province, the Dean of York holds ...
, clerics and choristers, and an
organ Organ and organs may refer to: Biology * Organ (biology), a group of tissues organized to serve a common function * Organ system, a collection of organs that function together to carry out specific functions within the body. Musical instruments ...
voluntary Voluntary may refer to: * Voluntary (music) * Voluntary or volunteer, person participating via volunteering/volunteerism * Voluntary muscle contraction See also * Voluntary action * Voluntariness, in law and philosophy * Voluntaryism Volunt ...
was played as they all moved up the aisle. Then, fully
robe A robe is a loose-fitting outer garment. Unlike garments described as capes or cloaks, robes usually have sleeves. The English word ''robe'' derives from Middle English ''robe'' ("garment"), borrowed from Old French ''robe'' ("booty, spoil ...
d, he processed to
York Castle York Castle is a fortified complex in the city of York, England. It consists of a sequence of castles, prisons, court, law courts and other buildings, which were built over the last nine centuries on the north-west side of the River Foss.Coop ...
in the
state carriage A state coach, also known as a gala coach, is a highly decorative ceremonial coach used in Europe by a monarch or head of state on state occasions. A four-wheeled vehicle for four passengers, it may be drawn at a walk by six or more horses wit ...
of the
High Sheriff of Yorkshire The Sheriff is the oldest secular office under the Crown. Formerly the Sheriff was the principal law enforcement officer in the county but over the centuries most of the responsibilities associated with the post have been transferred elsewhere o ...
Sir Henry Day Ingilby of
Ripley Castle Ripley Castle is a Grade I listed 14th-century country house in Ripley, North Yorkshire, England, north of Harrogate. The house is built of coursed squared gritstone and ashlar with grey slate and stone slate roofs. A central two-storey block ...
, "accompanied by the High Sheriff and the High Sheriff's
chaplain A chaplain is, traditionally, a cleric (such as a minister, priest, pastor, rabbi, purohit, or imam), or a lay representative of a religious tradition, attached to a secular institution (such as a hospital, prison, military unit, intellige ...
... attended by the usual
retinue A retinue is a body of persons "retained" in the service of a noble, royal personage, or dignitary; a ''suite'' (French "what follows") of retainers. Etymology The word, recorded in English since circa 1375, stems from Old French ''retenue'', ...
of
trumpet The trumpet is a brass instrument commonly used in classical and jazz musical ensemble, ensembles. The trumpet group ranges from the piccolo trumpet—with the highest Register (music), register in the brass family—to the bass trumpet, pitche ...
ers and halbertmen" in
livery A livery is an identifying design, such as a uniform, ornament, symbol, or insignia that designates ownership or affiliation, often found on an individual or vehicle. Livery often includes elements of the heraldry relating to the individual or ...
. Hawkins was joined on the bench by Ingilby. The jury's foreman was Sir William Cayley Worsley, Baronet, of
Hovingham Hall Hovingham Hall is a country house built in the Palladian style in the village of Hovingham, North Yorkshire, England. It has been the seat of the Worsley baronets#Worsley baronets, of Hovingham Hall (1838), Worsley family and the childhood home ...
. The jury also included at least five aristocrats: the
Honourable ''The Honourable'' (Commonwealth English) or ''The Honorable'' (American English; American and British English spelling differences#-our, -or, see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific Style ...
Reginald Parker of Askham Hall in
Askham Bryan Askham Bryan is a village and civil parishes in England, civil parish in the Unitary authorities of England, unitary authority area of City of York in the north of England, south-west of York, west of Bishopthorpe, and close to Askham Richard a ...
, the Hon. Payan Dawnay of
Beningbrough Hall Beningbrough Hall is a large Baroque mansion near the village of Beningbrough, North Yorkshire, England, and overlooks the River Ouse. It has baroque interiors, cantilevered stairs, wood carving and central corridors which run the length of t ...
, the Hon. Miles Stapleton of
Carlton Towers Carlton Towers in the civil parish of Carlton, south-east of Selby, North Yorkshire, England, is a Grade I listed country house, in the Gothic Revival style, and is surrounded by a 250-acre park. The house was re-built to its present form ...
, Sir Reginald Graham, Baronet, of
Norton Conyers House Norton Conyers House is a grade II* listed late medieval manor house with Stuart and Georgian additions sited in North Yorkshire, England, some 4 miles (7 km) north of Ripon. The frontage has distinctive Dutch-style gables and is thought to b ...
and Sir Henry Monson de la Poer Beresford Peirse, Baronet, of
Bedale Hall Bedale Hall is a Grade I listed Palladian-style country house in the town of Bedale, North Yorkshire, England. It is a large two-storey house constructed of brick and ashlar with a stone slate roof. It is in parkland at the north end of Bedale, ...
. LordBrampton.jpg, Sir Henry Hawkins JP Sheriffs coach 001.jpg, Sheriff's
state coach A state coach, also known as a gala coach, is a highly decorative ceremonial Coach (carriage), coach used in Europe by a monarch or head of state on state occasions. A four-wheeled vehicle for four passengers, it may be drawn at a walk by six o ...
, with
halberd A halberd (also called halbard, halbert or Swiss voulge), is a two-handed polearm that was in prominent use from the 13th to 16th centuries. The halberd consists of an axe blade topped with a spike mounted on a long shaft. It may have a hook or ...
men and
trumpet The trumpet is a brass instrument commonly used in classical and jazz musical ensemble, ensembles. The trumpet group ranges from the piccolo trumpet—with the highest Register (music), register in the brass family—to the bass trumpet, pitche ...
ers, like the one used by Hawkins York Crown Court (8488).jpg, Former Assize building at York Castle


Court findings

Beforehand, the judge informed the jury that he expected them to give a
true bill A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
, or clear indictment, in all cases on that day. On Monday 6 November, a true bill for wilful murder had been returned against Fitzpatrick at the Yorkshire Assizes. However, when the case resumed on Saturday 11 November, Judge Hawkins said that, "he could not say there was no evidence for the jury, but it was by no means so strong as in many cases. There was however the evidence that prisoner was last seen in the deceased's company, and that she had his watch." The jury found the prisoner not guilty of murder, but found her guilty of "stealing from the person."


Sentence

When sentencing Fitzpatrick, Justice Hawkins commented as follows:
"The prisoner had been convicted of the most daring and impudent
robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...
. That she stole the watch the jury were satisfied, but how much violence she applied was not shown. He (his lordship) was satisfied that she stole it. If she had never been in trouble of this sort before he would have passed a different sentence than he was about to pass. He found that not only was the prisoner leading the life of a
common Common may refer to: As an Irish surname, it is anglicised from Irish Gaelic surname Ó Comáin. Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Com ...
person, and walking about the streets and drinking with men, but on three different occasions she had been convicted of
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
. Under these circumstances it would be idle for him to pass a sentence upon the prisoner that he would on an ordinary woman. There was no crime that required more suppressing than that of robbing from the person in the public streets. It should be put down with a strong hand."
Fitzpatrick was sentenced to
penal servitude Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence involving penal labour have included inv ...
for six years. As the guards took her away, she called out to the gallery, "Father!" and, "Oh dear, oh dear, I never stole the watch and guard."


Imprisonment and later life

It is not known where Fitzpatrick served her sentence, but she only served four years. She wrote home from prison, and to her husband and others, with "protestations of innocence." After three years she was eligible for release on licence, and in 1886 was transferred from jail to the East End Refuge,
Fulham Fulham () is an area of the London Borough of Hammersmith and Fulham in West London, England, southwest of Charing Cross. It lies in a loop on the north bank of the River Thames, bordering Hammersmith, Kensington and Chelsea, London, Chelsea ...
. Her parents had left Leeds, so at the age of 30 years, around 1889, with the help of a charity she travelled to America to rejoin her husband. Nothing is known of her life after that.


Notes


References

{{DEFAULTSORT:Fitzpatrick, Mary 1882 in England 19th-century trials 19th century in York Culture in West Yorkshire Fitzpatrick Trials in England Robbery trials Robberies in the United Kingdom 1880 crimes in the United Kingdom 1882 murders in the United Kingdom