The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-23
S r O K E S
The District Attorney Ready To Go On with the
Trial, but Stokes Counsel Not Ready
Another Special Plea.

Edward s. Stokes, accused OF the murder OF James
Fisk Jr., yesterday morning brought before the
Court OF Oyer and Terminer, Judge Ingraham on the
bench The prisoner was accompanied by his
father and brother 1t is very evident that his pro-
tracted Imprisonment is beginning to tell on his
health He looks careworn, his cheeks have not
their former rudy glow, his eyes have lost their
animated expression and his manner is more re-
strained and anxious. The court room was densey
crowded. Many had come OF course, to crafty
their curiosity to him and others expecting that
his trial would be commenced. The proceedings,
however, were very brief
District Attorney Garvin moved that the prisoner
be called upon to plead to the Indictment found
against him for the murder OF James Fisk, Jr., on
the 9th day of January, 1872.
Mr.. McKeon asked IN adjournment till next Mon
day. as he desired to consult with counsel on I'M
portant matters affecting the plea. At present he
was the only counsel the prisoner had the other
gentlemen heretofore engaged as his associates
having retired from the case for reasons best
known to themselves. sense OF duty impelled
him to solicit the delay he had requested, he was
not ready to proceed at the present moment.
MI GarV,9 sa,d .na' 1a inc huTaer was e1mmtted
same month an indictment was found against the
prisoner in this Curt. seven special pleas were in
terposed; they demurred to six OF them and took
issue on one. stay OF proceedings was granted
for twenty days and a bill OF exceptions put in 1t
day and the trial be entered upon without delay The
summer vacation was at hand and the trial should
be begun as soon as possible. The benefit OF the
people, the safety, honor and integrity OF the
try and public interest demand that the prisoner
should now plead, and If the plea was made he was
| ready to proceed on next Monday with the trial of
1 the case. He was alone in the case and had been
! from the beginning, but stood ready to devote his
/ time and energies exclusively to IL TO the end.
! There had already been many indugences granted
to the other side.
Mr.. McKeon asked what ndulgences had been
granted themY
Mr.. Garvin said they had been granted the indul-
genccs OF frequent delay
Mr.. McKeon said that when the word indulgence
was used II supposed favor When the indict-
ment was brought In they moved to quash IT, and
that being decided against them, they put in
special pleas, and the District Attorney could re-
member that they INDUCED him, giving him time to
decide whether he would denur or plead. He
claimed they had received no more than their legal
| rights. There had never been such trial In this
| state. He felt keeny the weight Of the RESPONSE
| bilities thrust upon him. They had reached
critical point In the case, and he had not
! fully made up his mind what TO do, and wished TO
consult with counsel and therefore asked for delay.
Judge Ingraham stated that there had already
been great many motions made In the case, all
looking to delay lie was inclined to think that
the delays already granted were all that should
be allowed. The motion 10 quash was exhausted
and the remedy OF putting In special pleas had
been also exhaused. The Judgment then should
have been to require an answer to the indictment
at once. There was no other plea to put In now,
but 10 plead on the the merits.
Mr. McKeon said he had special plea 70 submit,
and handed the same TO the Court
Mr. Garvn wished TO know the nature OF the plea
and asked for "a copy OF IL.
Mr.. McKeOn said Ii would be time enough for him
TO know It's contents when It was placed on file.
AFTER some further remarks the Court granted till
to-day for Mr.. Mckeon TO consult with counsel, and
expressed exp the hope that there would then be no