 Beforehand, the judge informed the jury that he expected them to give a true bill, 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.