THE UNION AND ADVERTISER (January 27, 1890)

Murdered in Cold Blood
A Shocking Crime in the Village of Canandaigua. A Young Man Killed Because He Would Not Shake Hands With His Slayer--Bad Record of the Man Arrested for the Murder--Sympathy for the Widow and Children.
Special Dispatch to the Union and Advertiser

CANANDAIGUA, Jan. 27.--The most cruel, cold-blooded and cowardly murder in the history of Ontario county was committed about a quarter of an hour past mdinight yesterday morning in front of George Roberts' barber shop on lower Main street, in this village.

John Cullinane, an industrious mechanic, about 25 years old, was murdered in the most cowardly manner, it is alleged, by Frank Fish, a dissolate young man of about the same age, because the victim had insulted the murderer by declining to shake hands with him a few minutes before. Cullinane and John Fish, a younger brother of the murderer, were fellow workmen in John S. Robinson & Son's plow foundry and were fast friends. Saturday night they went up town and spent the evening together and Frank Fish fell in with them. They started for home about midnight, and Frank, having concluded to stay all night with his brother at the home of their father, Hugh Fish, in the rear of A. Niblock's stove establishment on Main street, instead of going home to his wife, went with them. When they reached Robert's barber shop, John asked Cullinane and his brother to go in and wait while he had his hair cut. Cullinane declined, saying he was going home, and shaking hands with John, bade him good night. Frank Fish extended his hand also to Cullinane but it was quietly but firmly declined. Frank considered himself insulted and displayed considerable anger.

"What have you got against me that you won't shake hands with me?" he inquired of Cullinane. "What have I ever done to you?"

Cullinane replied that it was not because of anything Frank had done to him and then Fish turned to his brother and unbraided him. He seemed to think that John had said something to set Cullinane against him. After some words he turned and started up street saying to John, "Good bye. You are a brother of mine, but that settles it between you and me." John calleed after him, "Go to h--l, then," and then engaged in conversation with Cullinane again. They had been talking only a short time when John saw his brother coming rapidly down the street again. He came right toward them and said to John: "You remember what you said, don't you?" Cullinane was then standing with his back to Frank Fish, and after the latter had spoken to his brother he rushed upon Cullinane from the rear, and, before the latter knew of his approach, plunged a pointed weapon into his neck, exclaiming, "There, take that!" and then fled down the street. Charles Maitman, a young man who stood at the door of the barber shop, supported the wounded man, who staggered toward the gutter, and told John Fish to run for a doctor. The weapon Fish used had evidently struck home, for the wound bled profusely and Cullinane was rapidly growing weak from loss of blood. He faintly exclaimed, "get me home," and those who had gathered around tried to assist him to his home, which was just across the street, but death was too quick for them. He was dead before they reached the door of his house, clutching between his fingers and a half-burned cigar. Father English, who had been summoned to administer the last sacraments, arrived just too late. Cullinane's wife came to the door when the party arrived, and on seeing the lifeless body of her husband became frantic with grief.

John Fish, the brother of the murderer, was taken into custody as a necessary witness by Policeman Doyle and locked up at the police station, while Police Justice Dwyer, who had been notified, called out the entire police force to work on the case. The officers and a number of citizens began a diligent search for the murderer. He was not at his father's house, where he had intended to pass the night, but was found a little after 1 o'clock at his own residence on Saltonstall street. He went with the officers without resistance and at the police station a penknife, a handkerchief stained with blood and an ugly looking cigar box opener were taken from his clothes. The cigar box opener is a double-edged steel instrument, about five inches long, with a blunt point and a little notch toward the point for drawing nails. This is supposed to be the instrument with which the fatal blow was struck, for in that little notch traces of blood were found. Besides the wound in Cullinane's neck was just such a wound as an instrument of that character would make.

Fish wanted to know why he was arrested and when Police Justice Dwyer told him he was wanted for murder in the first degree, he expressed surprise and declared that he didn't understand. He was told that he had murdered John Cullinane and he replied with the query: "Is it so? Is he dead?" He admitted that he was with Cullinane and his brother the night before and said that he was drinking with them. He also admitted having some trouble with Cullinane but professed entire ignorance of any assault. After his examination Fish was taken to the county jail and locked up the murderers' cage.

John Fish, the murderer's brother, made a full statement of the circumstances of the crime in a straightforward manner, that carried conviction with all that he said. He showed no disposition to shield his brother. He stated all he knew freely and substantially in accord with the account of the urder as related above. During the murder's examination a triangular abrasion was discovered in the hollow of his right hand, for which he was unable to account. He said he had no trouble with any one the day before and didn't know how the bruise came there. It is believed that it was produced by the sharp corner of the handle of the cigar-box opener when he dealt Cullinane the deadly blow. There are many who believe that Fish intended to assault his brother instead of Cullinane, from the fact his dispute was with his brother and that he seemed to blame him for Cullinane's slight. They account for the mistake by the fact that the electric lights were out and it was so dark that he might easily have mistaken one for the other.

Frank Fish, the murderer, is a maried man of rather unsavory reputation. Not long ago his wife made a complaint against him for non-support and to avoid the consequences of it he left town and was gone some time. Last September he was arrested for assaulting a poor cripple on or near the spot where he dealt Cullinane his death blow. He was convicted and sentenced to the Monroe County penitentiary for six months, but his counsel, Spencer Gooding, appealed the case and he was out on bail pending the argument of the appeal.

His victim, John Cullinane, bore an excellent reputation. He had been employed for sevral years in the molding department of the Robinson Plow Works, and was very faithful to his wife and three children, who are left desitute of all means of support by his death. Police Justice Dwyer started a subscription fund for their relief yesterday and the citizens are responding freely to the call.

Coroner Beahan impanelled a jury early yesterday morning, and after the body had been viewed an adjournment was taken until to-day.

All day yesterday crowds of curious people lingered about the scene of the tragedy, which had been marked by Cullinane's life-blood, and the crape on the door of the murdered man's residence, only a few rods distant, also caugh every eye and told only too well the sequel of the midnight quarrel.

Theory of the Defense
Continuation of the Fish Murder Trial at Canandaigua. Testimony to the Effect That Fish Was Under the Influence of Liquor at the Time of the Commission of the Crime--Summing Up.
Special Dispatch to the Union and Advertiser.
CANANDAIGUA, May 22.--There was a large delegation of ladies among the spectators when the Fish murder trial was resumed yesterday afternoon. Long before the time for the court to convene the room was filled, and crowds stood about the doors unable to gain admission. The order of the court that only so many as might be seated should be admitted was strictly enforced.

Mr. Armstrong called Police Justice Dwyer to testify with reference to a deposition, made by Charles Maltman, preliminary to the issuing of the warrant, to contradict some of the statements in the deposition made by Maltman on the examination which was read by the District Attorney.

Adolphus Beyea, who occupied the lower part of the house that the defendent lived in at the time of the murder was then called. After describing the premises he said Fish left the house the evening of January 25th about 8 o'clock and returned about midnight. At this time he found Fish in a chair in this (Beyea's) room. He assisted him upstairs to bed. he steadied himself by placing his hands on the stairs as he went up. He was drunk. On cross-examination, he said that Officer Doyle and Police Justice Dwyer asked if Fish was in when they came and that he replied that he didn't know; couldn't give a reason for his telling them that.

Cora Fish, the wife of the accused, was sworn. She said, that Frank left home about half-past 8 o'clock on the night of January 25th, and that he returned late at night, but at what time she didn't know. He was under the influence of intoxicants.

H.R. Hutchens, dealer in sewing machines; Josiah Cornish, painter and collector, for the Singer Manufacturing Co., with whom Fish lived for some time; John Osborn, painter; Charles F. Robertson, contractor and builder; Henry C. Beeman, broker and superintendent of the Canandaigua Lake Steamboat Company; Frank Osborn, painter and J. Albert Barker, druggist, testified to the prisoner's good character for industry and peace and quiet.

Henry Johnson, brother-in-law of the defendant, testified that he saw the defendant about 9 o'clock the night before the murder with Charles Reynolds, in front of Moran' grocery. They went around the corner and drank a pint bottle of shiskey. They each took a drink first, then Fish took another rink and handed the bottle back to Johnson. Witness said he told him he didn't want any more and Fish then took the bottle, drank the rest of it and threw the bottle on the sidewalk. Couldn't tell where he got the liquor.

Charles Reynolds of Middlesex, Yates county, corroborated Johnson.

Thomas H. Dedrick, policeman, saw the defendant on the corner of Main and Beeman streets, near Moran' store, between 9 and 10 o'clock the night before the murder and observed that he had been drinking. He wasn't making any disturbance.

After Samuel D. Backus had been recalled to give some additional measurements of the Cullinane house and the locality of the murder, the defence rested, and owing to the illness of Mr. Armstrong, the defendent's counsel, the case was not given to the jury until this morning.

Judge Adams announced yesterday afternoon that on account of the illness of ex-Senator Hicks, the Witter abduction case would not be tried at this term but that the court would adjourn until September 1st, when both the Witter abduction and Lamont murder indictments will be tried.

Julian A. Van Wie, called by the prosecution in the Fish murder trial this morning, swore that he saw the defendant on the night of January 26th, about 9 o'clock and that he was not intoxicated.

The proof was then closed and ex-District Attorney Armstrong commenced his argument. He maintained that the cigar box opener with which the fatal wound was inflicted was not a deadly weapon, that the crime was committed without premeditation and that there could not have been even a design to effect a mortal injury. The fact was that the defendant was so stupefied by liquor as to be incapable of the deliberation necessary to constitute murder in the first degree. He laid great stress upon the fact that after the blow was struck the defendant went to his home and went to sleep. This was conclusive evidence that he had no idea what he had done. His plea was a great effort and occupied an hour and ten minutes. During most of the time tears coursed down the cheeks of Fish's wife and father, but so far as observed the only time troughout the trial that the prisoner has been affected to tears was when the jury was appealed in their behalf. District Attorney Clement made a forcible, logical argument occupying an hour and fifteen minutes. He urged that intoxication was no mitigation of crime, neither could it be considered as inconsistent with premeditation on the formation of a design to murder. The motive for the crime, he claimed, was to be found in the refusal of the industrious mechanic, John Cullinane, to drink with him, associate with him, shake hands with him or have anything whatever to do with him. Evidence of the intent, he said was found in the extreme force of the blow required to make the wound that caused the death of Cullinane.

Judge Adams commenced his charge at 10:12 and the jury retired for dinner about 1 o'clock and then returned to the jury room for deliberation.

Quite a change of sentiment has taken place in the twenty-four hours regarding the Fish case, and very many think Fish will get off with a life sentence. District Attorney Clement, who tried the case for the people unassisted, and ex-District Attorney Armstrong with his associate, James A. Robson, who defended the prisoner, are strongly complimented on the able manner in which the case was tried on both sides.