New-York tribune., 1872-01-30

pSnneed This seemed necessarily to impiy that tho
Jury must be sworn after the onense was committed
Oiherwse he must be deprived Of this valuable right
pIsrRIcrATroRSEY GARvIN's REPLY.
Mr. Garyn, In reply, proceeded to recite the facts
rra before the Coroner and the Grand Jury and the
proceedings on Saturday before Judge Bsby against
Mr.. Fisk.
Mr.. McKeon objected that this did not appear in the
papers
Mr. Garyin-After 70 O'Clock that day the accused
came TO Dclmoncos; at went up town to Twenty
thirdst where he could have and probably did Mr..
Fisk and Mr. Fisk's carriage; ne returned rapidly to
Fisk Fisk come down and then went to the Central Hotel
there Col Fisk came in ne s,nu % We got yon
heng the fatal shot case was male out OF cold
@ h, had tbe Coroners inquest 10 do with the
indictments suppose there had been no inquest at all
the Grand Jury were not eonr1ea h Dy te coroner
the Coroncrs Jury They acted on the facts presented
to them which presented case OF bold mafder mntGh
Grand Tnry His Honor knew them; the community
arS ned ON eah matter by % itself this
other complaint had been made In December long be-
eron had appeared before this Grand Jury not in
fbis case but in tho other complaint. Was there any
subpoena testifying 10 his knowledge of matters not
known 10 him from his professional connecticut
LEGAL DIALOGUE.
He would ask Mr.. Bartlett whether that suit OF Mr..
Fullerton's had not been discontinued.
Mr. Graham-SO much the wOrse--so much the worse.
Mr. Garvin said he asking Mr. Bartlett whether
that suit was not discontnuedi whether not for
moneys received In that settlements
Mr. McKeOn rose and commenced speaking, when MI.
Garvin told him that he was not then speaking TO him.
Mr. McKeon said he was speaking to the District,
bring the conspiracy Indictment to trial. they would
show very quickly what 1t amounted to- He wished 1t
ney had an indictment which he dared not try.
The Court interrupted this as not pertinent.
Mr. Bartlett said. he had been asked he would say
request 10 discontinue had been made to him by Judge
Fullerton.
Mr. Graham-Yes, after he had been whole day at
the CorOners jury sending up duestons he felt TO
be unprofessCnai He had been bitterly hostile TO M
Stokes Several months Mr. Stokes had made an a-
davt that he had betrayed secrets obtained from him
Mr. Garvin replied that Mr. Fullerton was as honora-
BILE In his profession any one he then proceeded 10
SN Msre mereS NO for the distribution OF the business The
Constitution provided that man should be tried TIL
after the presentment OF Grand Jury inns statute
the oath OF the jurors not certainly more than the oah
To nesSes m regGfs em 9 from 10 'e
others.
The act was in fact local. the Court itself local. hut
the subject was fully expressed IN the ue OF the act
could see at ALL But here in clear case hat would he
gained 10y going to another Grand jury which could take
other action thai the present one.
MR.. GRAHAM AGAIN.
Mr. Graham. replying said Mr.. Garvins argument was
simply that this man was clearly guilty. Why not hang
him at oncei He might as weH throw open the window
and invite In the mob take instant vengeance But II
was to be noticed that Of the mputaOns they had
put in these papers and which he would not have per
United 10 90 into them had he not known them 10 be
true, were denied. Mr. Graham repeated his charges
against the Coroner and the Grand jury and called at
tenOn fact that neither of the verdcts OF the Cor
Oncr jurfcs preciuded the idea that Mr. FISK had made
the first threat aud that Mr. stokes fred III sedcfense
under such pressure as made the charge lar less I
murder. - -
ment on the constntonality of the law As to these
proceedings before Justice BiXby Mr.: Stokes had not
gone the Court TO obtain his redress This naicmen
for conspiracy was he understood for bringing suit
against Mr.. Fisk, instead OF meeting the suits trec
under advice to swallow up all these proceedings:
lie would ask his Honor to read the hackman's testi
@ 10 S II Gd did % Ow ay purpose
/ Did 1t show that Mr.. Fisk was not the assallant'
"DoGoED BY DETECTIVES"
He was prepared to have it proved by the prosecution
that M stokes had brandished pistol and avowed tina
ne meant to Fisk the spot He had been him
self dogged by detectives his associates had been fol
| lowed by detectives He could hardly look roun'
without finding suspicious persons near Traps bad bee
laid for him. perured evidence ofered even before IN,
Coroners nry two men tried to oyernear tnen e0hsu
| money Was powerful for almost anything. -. a.,
Mr. Graham claimed that part of the operston OF tht
Of racu the list the back ~ the Indictment IA prac
ccd W the English conr's r MAJ SIona m hc sS IN bo ganS
jury IN must be formed, hnd that the list
witnesses shOuld have been ven to the accnsed SO th
tue indictment should not be hurried t1roush OH per
!
these charges had not COntradictcd them He had hearC
from the papers that Judge FnerOn had taken charge
Of the District Attorneys Office After his own experience
Judge FueTton's truculeuce and cruelty In pursuing
! ths man little became him. The man who would take
whether be- had his secrets in his possession or not wat
| no better than bloodhound. -,
moi De- IA iintained without the testimony Of Mr.. Fisk
Was cOt mp to bac6cn Miss Mansheds character hhodId
she i.. called a witness. and this was rot dcncG
WHAT KILLED FISH!
They had received communications OF all kinds from
al CHARTERS that Mr. Fisks death least hastencd
by his medical treatment. that man wounded as Mr.
Fisk was stIn lived in this county, that when the
Coroner stood before Mr Fisk and asked him whether he
had pistol, Mir. Fisk said, Never mind about that.
They id ask this bin quashed merely to go before
another Grand Jury but 20 have before that Grand Jury
evidence which under the charge OF the Court the
| Grand Jury might find proper indictment for such
Mr.. McKeOn followed briefly, 70 correct the District
Attorneys statements OF the Of the fatal
Saturday and in conclusion said that he had said before
! Judge Bixby that Mr. Fisk was Il dangerous He
had said that from Information that assassination was
through the isrict-AttOrueys Office and some danger
but had felt himself In personal danger unt he
Justice ingra6am said he would take I'll Thursday to
decide The following Is the affidavit presented By Mr.
| Graham;
STOKEs's AFFIDAVIT.
GIN and County Of NeW- York. Ss: Edward s. Stokes
the defendant above named being duly sworn depOses
and says That is Informed by two OF his counsel
(dessrs wm. O. Bartlett and John Graham) and verify
believes they called upon Coroner Young his resi-
dcpce, No lo7 Kingsty in the City of New-York, on
the afternoon Of the 7th nst few hours after the
death OF James Fisk IT, to ascertain when the inquest
would he held upon his body; that they politely
received by the said Coroner, TO whom they apollo
gzed for intrudng themselves upon him on Sabbath
afternoon and that he Immediately became very com
mucative 10 them, TO the In which he in
tended to conduct the inquest. That he stated ho had
the City Directory and himself selected the
names of respected citizens or members of the commu
nifty from whom proposed forming his jury, and that
they had been picked out with reference to their sup
osed haeuaintance with either party ana tnelr SUD
self no feeling in the matter either way that he meant
TO perform his duty impartally and that he meant 70