The New York herald., 1872-10-16
MORE OF STOKES.
New and Important Witness Examined for tho
Defence and What lie Says He Saw.
A Newspaper Bohemian Tells HIS Story. and q
Curious Story It Is-A Pistol Seen in Colonel
Fisk's Hand Directly After the Shoot
ing-Why the Fact Has SO
Long Been Kept Secret,

snauoWy past was revived yesterday through the
examination before Judge Brady. holding the Court
OF Oyer and Termlner, OF a new witness. This wit
ness, who gives his name Augustus 81. Clair. ana
profession that OF Journalist claims as will be seen
by his testimony below to have pistol in the
hands OF Colonel Fisk Immediately after the firing
OF the first shot, the strong point or the defence,
and which now, for the first time, the phase
oil tangible development. Upon the representation
that this witness was about leaving Tor
California application was made ia the
early part OF the day to Jadge Brady
for an order requiring hts attendance TO give his
testimony and for the sake OF hearing his evidence
the Judge held later session OF the Court, com
menclng at SPIN. Mr.. stokes was represented by Mr..
John d. TOWNSEND while appearing Tor the prose-
cution as the trial. District Attorney Garvtn
and Messrs. Beach and Fullerton. There was some
preliminary controversy between the opposing
counsel rs to the proprety Of going on with tho
examination In the absence OF Stokes His pred
ence however the prosecuting lawyers agreed to
waive, and 80 this point settled, Mr.. st. Clair was
called to the witness stand aud after the formula
Of the oath proceeded g sys 1is testimony
q. What is Your name A. Augustus st. Clair.
q. Where do you reside A. Mount Vernon,
Westchester county
q. what Is your occupation A. COrreSpOndent.
journalist and general writer.
Q Where were you on the 9th OF January last,
A. was walking up Broadway, on the side OF the
street opposite the Grand Central Hotel, with Mr..
q. Did you see Colonel Fisk that afternoon Al
did; saw hin nm, IN carriage the carriage stopped
in front OF the Grand Central Hotel! Colonel Fisk
got out OF the carriage passed between two car
rlages and entered the private entrance.
O. Did Colonel Fisk see you A. Yes, sir; he
MI. Morton that was Colonel Fisk; we passed
across the street that ls, Mr.. Morton and |.
got across the street and Mr.. Fisk had only mo.
ment disappeared when heard pistol shot; as
o e. The RE uer aop
and the inner door, think, standing aiar; Ipushed
the inner door open further and saw Colonel Fisk
leaning against the wall and support ing himself by
his left hand hardly got glimpse OF him when
heard hear SECOND c shot; ! got frightened at this and
q. Did you see anything in Colonel Fisk's right
PISTOL IN FIsK's RIGHT HAND
O. You then left2 A. Yes; l was afraid might
&c. shot; hot t9d Mr. Morton NJ as $50 soon as came ou;
and said no, as we might get shot.
mnutc-or it may have been less the time was 80
shOrt-we went into the entrance.
a. Well, what did you see there A. Two men
supporting Colonel Fisk under the armpits and
third was helping him up stairs from behind.
z. How long had you known Colonel Fisk before
that time A. knew him six or seven years ago
in the Old Offlce In Chambers street; occasionally
WROTE DESCRIPTIONS FOR FISK.
@. Are you acquainted with Mr.. Stokes A.
O. How did you form his acquaintance A. Az
reporter at racecourse
q. Did you ever receive any anonymous letters in
regard to the Fisk homicides A. Yes, several; I
have also received letters from Mr.. Stokes.
q. Did you tell Judge Tremaln anything about
seeing pistol in Colonel risks hand A. I did; I
called on him on my way to Saratoga not long age;
was afraid to tell before this any counsel In the
Oase
O. Why were you afraid9 A. On account Of tho
threatening letters | received; gave him the in
formation ion voluntarily; | never talked with Stokes
and YOURSELF have had no conversation with any
Of his counsel.
seeing the pistol in fisks possession A. went
from the hotel to the Brooks clothing establish
ent. who Is my brothcr-in-law, a clerk and gen.
tienan who was buying goods, all about 1t; alter
KEPT THE MATTER DARK.
Cross-examined by Mr.. Beach-How long have
you been In your present business A: About eight
fOrnia; am going there to pursue my profession;
was introduced to Mr.. Morton by Mr.. UConnell,
that he came from Mississippi, and was engaged
here in writing letters to various newspapers got
letter from him not long ago from Chicago, where
! believe he is now doing some work for news
paper, and also working at harness making, his
q. Did any one pass you as you entered the hotelf
A. Yes, hall boy; as ! saw Colonel Fisk he was
in % an apparently w lstess position; sir simuitaneous
with this heard the second pistol shot; 1t was all
the work Of . moment; caught glance Of him,
GOT OUT AS FAST AS COULD:
Colonel Flsks right hand was hanging by his side;
1t open.
q Did You smell gunpowders A. Yes, sir; after
came out saw no one enter before went In the
second time; did not see Mr.. Stokes; did not
look up the stairway; Colonel Fisk had on mill
O. Sure you saw pistol in his right hand A.
Perfectly sure; my observation was only for Q
moment; the second shot made me excited and
frightened; did not notice whether he had cane
or not; he held the pistol by the handle; saw tho
barrel certain; saw it gsten; think it was a
Smith \ wesson pistol; / saw the top OF the ham
mer; there could be
NO MISTAKE ABOUT IT BEING PISTOL
was not present at the trial of Stokes; was here
part Of the time and part OF the time in Albany;
| got acquainted with Mr.. Tremaine In my capacity
q. What were you doing at Albany A. was
there on private business.
z. What business? A. Am obliged to answer
you saw in Albanys A. saw Mr.. Terrill, Mr..
Forhe and, THINK Judge Church's son.
trals A. No. sir; did not read the reports OF the
trial, but only the editorial comments; did not
understand then the Importance OF my testimony
O. Did you read the accounts OF the murdcrs A.
Oh, yes, and wrote letters descriptive Of the muir.
O. For what papers9 A. good many country
q. Mention some Of thcm' A. The Schenectady
Star, Newburg Telegraph Buffalo Post; l did not
write what had seen; was afraid Of involving
O. over what signatures did you write A. vari.
0us ones, as General Saint and 10 Ks"
son street; have a speaking acquaintance with
Mr. McKeon; was not present at the examination
at the police station or before the Coroner; have
not seen Stokes since met him at Saratoga; !
tried to get in and see Fisk after he was shot; l
stated that was q reporter and personal
acquaintance but they would not let me In the
room where he was; learned from reading the
papers the theory OF Stokes Defence that
STOKES SHOT FISK IN SELFDEFENCE,
but for all this did not come forward to give my
testimony.
Direct examination resumed-I have not a
shadow of doubt about seeing the pistol In Fisk's
hand; saw the BARREL saw 1T gsten, and saw the
hammer.
Q. why did you not impart this information at
Onces Objected to, bnt objection 0verrued.) A
was afraid OF being locked In the House Of Deten-
tion and my family going to the dogs.
q. That the only reason? A. was AFRAID on ac- I
these letters now, or at least my wife has; some
men were also following me; one man. followed me