Slayers of Fitzsimmons Get Off with $900 Fines

Howell, Mich., Feb. 3—Judge Smith astonished a large number of people who attended court this morning to witness the sentencing of James Ryan, convicted of the killing of Thomas Fitzsimmons, of Hamburg, by letting off the prisoner with a sentence of four years in state's prison with the alternative of a $900 fine. The prisoner's previous good character was the cause given by the judge for the clemency.

John Denehy, Jr., who was accused of the same crime with Ryan, pleaded guilty of manslaughter and was fined $900. Both fines were promptly paid and Ryan and Denehy, Jr., walked out of the court free men.

In sentencing Ryan Judge Smith said in part:

"The circumstances of your case are somewhat peculiar, the evidence was all circumstantial and there is no direct proof of the manner in which Thomas Fitzsimmons came to his death, and while the jury found you guilty beyond a reasonable doubt it can not be said you are guilty beyond all doubt. You have denied under oath all connection with the crime and it is barely  possible you may have told the truth, but the jury must have thought otherwise. I find on inquiry both at the trial and since that your previous character and history all goes to show that you were a good citizen. I fail to see any necessity for imprisoning you as a preventative of your doing future mischief and if I err in the sentence it shall be on the side of mercy."