The New York herald., 1872-12-28

there; !; had never been on the second story OF the
house before in In my % life; met MT. c smith Mr. In
was taking to them about my case; after l got
through with them walked down Broadway; l
Broadway and Amity street, on the opposite side
OF Broadway; asked hm to walk down as far as
Niblo's with me. and ne consented; when we got
OPPOSITE THE GRAND CENTRAL
j noticed the lady In the window; thought 1t was
q lady had met In Saratoga; crossed over, Mr..
Bailey refusing to 60 with me. and entered by the
private staircase.
The witness here showed on the diagram his
movements after entering the motel and pointed
out parlor No. 7, where the lady was standing.
Found was mistaken. and walked along the cor
anns
was going out and lad descended two or three
steps OF the private staircase when saw Mr. Fisk;
had on a pair OF driving gloves and long coat,
white-a storm coat; had small cane IN my hand
GENERALLY CARRY A CANE;
Fisk at the time; had no knowledge, notice or
suspicion that Mr.. Fisk would come to the hotel;
had the pistol shown with me; bought ii six
months be ore that time; know ! had got down
several steps when l saw Fisk; ! was going to
Broadway; the light was good at the head OF the
stairs, but rather dark ut the bottom; first no.
tced Fisk as he got within the inside door; we
when Fisk reached the small landing, seven steps
from the bottom Of the staircase, recognized HIM,
AZ and a, seeing him ,, With pistol IN his hand, jumped
direct line or fire hc was in the act OF cooking his
weapon, and ], upon seeing the action, drew my
1t quickly, aimed and fred as quick as l
could; after fred the first shot Fisk
saa wa ss'S i'm asa ana hf
stopped; had no intention OF killing him l knew
my life was In danger at the time; pulled my
pistol and cooked 1t with the same hand, not using
my left hand at all in the action; fired as quick
as could; saw the boy Redmond at the foot OF
heard the testimony OF the Boy Thomas Hart: M as 1
reached the head OF the stairs made use OF no
sach exclamation as ave got you now," upon
A SENSIBLE REPLY.
@. Why did You not retreat upon seeing Fisk
with his WeaponS A. Because had no chance to
retreat
This reply, OF the witness brought on a little
windy war between counsel Mr.. Beach wanted
IL stricken out, but the Court refused to comply.
After the shooting was good deal bcwildered,
and remember but indistinctly where jumped
to; think, though it was about to the door OF one
OF the parlors opposite, possibly parlor No. 219;
met several people, ana asked Two or three times
II there was doctor In the house, saying there was
The witness then went on to describe his going
down stairs to the main hall, and his being sur
rounded afterwards by number OF people, his
arrest and being confronted with the deceased In
one ofIhe rooms OF the hotel. He said that Fisk,
said, .Tlat Is Mr.. Stokcs,n and added nothing
about the shooting; he tdcceased) seemed as II lie
did not wish to see the witness.
O. Prior to the time OF the shooting. had you
received information OF threats made against your
THREATS AGAINST STOKES.
Objected to- but objection overruled.
A. Yes, had.
@: BY whom was such information given to your
A. Well, by several, including Miss Mansfield
z. Had you, prior to this, twice observed persons
dogging your footsteps, and were you in fear of
The question was objected to, ana was put in an
The witness answered that ne had received in.
formation from Mr.. Brady that Fisk had offered
to pay 81, 900 to certain man to '1ay him out.'
A recess was taken at this stage for halt an
hour.
After Recess.
Stokes resumed his seat on the witness stand
upon the Court reassenibling, which 1t did at
STOKES orIsIoN OF FISK.
Witness-At the time met Fisk on the stairs
knew him to be an INSCRIPTIONS, desperate and
vindctve man, who would hesitate at nothing to
carry out his designs; after lett Fisks room was
taken TO the station house, and sent Immediately
for Mr.. McKeon; he came in about an hour; saw
my brother Horace previous to that; my other
brother has since died; Isaw Mr.. Bailey also, but
did speak to my brother lor lew moments; went
to the onice Of Mr.. Rufus Andrews for the purpose
OF finding out T. went TO Providence. would It be
likely that Mr. Fisk would say that had absconded,
Knowing he had gone before the Grand Jury
in relation to an indictment against me;
then went TO Mr.. Justice BiXby and asked him
what he thought upon the same subject: he
ridiculcd such notion; both gentlemen were
that coupe had no idea that there was % an ndct n
ment found against me; wanted to 70 to Provi-
dence on tae following Monday, as my case there
was set down for the next day for trial; the case
was set down for the eth OF January by
THE COURT or APPEALS;
the Board OF Appeals held a citing q week or
two previous to that time; heard yesterday the
testimony OF Mr.. Parker when he appeared on the
stand was convinced that never saw the man in
my life before; never called Fisk "a damned
blackmailer," and said had q pistol
Tor him; never had any connection with the man,
from beginning to end; did know a Mr.. Drum
mond he was the proprietor OF the Worth House,
on Fifth avenue, where had resided for over d
year.
The witness was asked If this Mr.. Drummond had
told him that persons had been put on his track
by Mr.. Fisk to do HIM violence
The question was objected to and little discus
sion followed. The Court allowed the question to
be put In another form.
The witness said that Mrs. Williams informed
nm that II Was IKE FISK to put persons on his
track to inJure him. that was Fisk's usual custom
On motion OF Colonel Fellows the answer to the
question was stricken ont. as the presumptons OF
Mrs. Williams were not admissible. S
Wi'ness-At the time OF the meeting OF Fisk and
myself we were hostile towards each other;
had been for over year, Off and on.
Mr.. Tremain put number OF questions to the
witness under objections from the prosecution,
most Q. which were ruled out as leading aud i'm
material
STOKES AFRAID OF HIS LIFE.
Mr. Tremain said that he 0 nered to show that
Tor long time previous to the 7th OF January the
prisoner was compelled to ride through the city
in covered carriages, and had TO resort TO hiring
persons to accompany him during such drives
from apprehension Of Violence at the hands Of per
sons employed by Fisk for that purposes and iur-
ther that runianiy looking characters had been
lying III walt ior him.
Mr.. Beach argued extensively in opposition to
allowing any such evidence TO be received
Mr. 1remaln spoke for half an hour in reply
alter which the question as to whether the witness
had apprehensions of personal violence was al
lowed although the witness was instructed not to
state the precise nature OF those apprehenslons.
FISK'S GRAvEYARDS.
Witness-I had grave fears for my personal
safety; Mr.. FISK told me al one time that he had
graveyards for those who crossed his path, and
tina. his touch was cold and clammy; he made use
OF that expression on the 22d or February; he
further added that Dorman B. Eaton had crossed
his path, but that he wouldn't trouble him any
more.
TIE CROSS EXAMINATION.
Mr.. Beach proceeded to cross-examlne the
witness.
witness-The case at the Yorkville Police Court
criminal suit instituted by Miss Mansfield
against Fisk; had been sworn III the
witness; don't think that employed Mr.. McKeon
III that case; Mr.. Mckeon was my lawyer, but
don't know whether employed him in that par
tcular case or not; the character OF the complaint
In that case was the using OF an afdaYlt made by