New-York tribune., 1872-07-06

McKeon said he simply wanted 70 show what stokes was
however also the name OF the persons 10 "o '"o'
were addressed.
The Court then took q recess.
After the recess the evidence OF Lawrence Carr,
witness before the Coroner's inquest, was read.
TESTIMONY OF S. M'LoUGHLN.
Samuel Mclaughlin testified: at the Holman
House on the 9th January last between and O'CLOCK;
saw the prisoner there had been assisting him IN
this case in the Court Of Appeals and had some OF the
evidence for him; procured it from MI Doty' VINO
lived down at EatOnville; handed him Schaub's evil
dence but not that Doty; gave him scbaub's' SON.
merdyke's, and Irvne's as witnesses The Dis
trictAttOrney objected.
Mr.. Tremain-I propose to show that he told him no
would find those persons who knew Of this bet near no
of Broadway, and that he followed up ny GUMS
there You do MT object to thati .-o,a,
The Court-YOu told him where to find those peTsonS'
Witness-Yes at at the corner oil Analyst anu
q You say you had in pursuit Of these witnesses
before A. Yes understood Mr.. Stokes had room az
the Hoffman House; when went 10 the Holman ilouse
saw him standing at the office, near the tsegrnPd h nd
office; he was standing by the place where ne Wouu
naturally be If he about TO send on G
sS TO % poy P OBJECTED %aS iG% S saw him
the house no went out into Twentyourth-St' trousH
O. Did he tell YOU where he was goingi A. He said be
was going to-
o. Bid be saw me- WAS eang down to Twentyth,rdst
to get some papers relation TO this matterf ODJecteu
O. How long have you known sokesi A. Eight or ten
Mr. Tremain-Did you ever hear him say anything in
relation TO Fisk killing hint We oner that, your
Honor, under the issue of insanity WI. ,o.o uo,,
The Court Ito the OBSERVATION-DISCLOSURES naVo you
District t-4ttorney-we object. They have not fixed
The Court--There must be a limit. ,
Witness-It was four weeks before this nap
The trictAttorney-The must offer good deal
more than tnat to show insanity man dn sy Weeks be
FORE and then walk up to u man and shoot hlm 1ha'
Mr. Tremain-On the issue of insanity, If understand
the rule we have right to show what ver was SAID by
the prisoner before, at the time and even alter t9e
eide Now propose to show that TINS prisoner 1ecaieH
that he knew he was pursued by FISK and that FISK
was armed TO strike him down.
The Court think there Is no iowuauoh ye' ior 'no
O. Do you know the fact that men were in pursuit OF
Mr. Tremain j offer to show that the deceased drew
pistol upon the prisoner at the hotel otter TO snow tn
the prisoner considered his life in danger and that the
fact of his being pursued by ruhany looking persons
was known to the prisoner well as 10 others.
The COurt-YOu have no doubt right TO prove your
two first propositions. ,, -,
given in regard TO the character of the deceased no
state that person rash savage quarrels0ne would
not Justify private citizen in taking upon hlmseH tne
province OF the Government In the punishment OF
crime. However bad desperate mans character
may be- he fOrfeits right 10 life until Dy actual at
tempt demonstration at the time OF killing ne IN
duces reasonable belief ON the part OF the SLAYER rha
he intends TO kill him do him some bodily HARM That
is the rule in this state; that is the rule by which we
must be governed IN TINS case Inc ict tha eIe were
Mr. Tremsin-Tbe State declares the taking OF human
life is ustfabe when there reason TO suppose, on
the part of the person taking H. tha ne was IN DANGER
of te inction of great personal harm. The question
then is what the grounds upon which tue prisoner
acted. Was he actuated with the dea OF seudelehse
or was he acuated from depravityf Well then we may
show the appearances-the character of Fisk
"A viDdcJlye, dangerous mall We may SNOW nat Ina.
threats of his had been communicated TO the prisoner
We may show that the prisoner was followed by fuf-
iany men We may show that the prisoner was aware
that Fisk in his character OF vndicve man, had eX-
ercsed vengeance against those who came in his way
We may show that TINS preyed upon MS ininu. nc S
counsel then cited number OF authorities III support OF
the views he had brought forward ouu
The Court agreed that II would be proper 10 ad any
testimony calculated TO show the motive under winch
ne following questions were offered by the defense,
aud excluded by the Court DID the prisoner say to you
IN kin him4 Did he say that he had knocked Eaton
the head and he knew he had sent meu aiter nun D1
Exceptions taken to rulings of the Court. The wit
ness was directed to stand down for the present.
DANIEL p. INGRAHAMs TESTIMONY.
Daniel p Ingraham IT, testified knew Mr.. Stokes
knew Of his arrest embezzement at the instance of
Col Fisk on the 9th Of January last him at Cham
berlain e. Dodge's. Broadway, near Washington
place it was about o'clock in the afternoon he was
talking with gentleman; he came up and shook hands
with me asked him to 60 up Broadway with me; he
said ne had TO 90 down the Of Amty-st and
| Broadway; he then went out; walked away to so up
town; saw Col Fisk in his carriage Astorpace
| l recognized him; / bowed to him; l do not know
! whether he recognized me.
| TESTIMONY OF JAMES BRENNAN.
James Brennan testified: have been in the House OF
Refuge: was brought down 10 the OF Detention
as witness in a case Of homcide was tnen taken to
the Tombs while at the House Of Detention made
the acquaintance Of Thomas Hart had conversations
with him in relation TO the murder Of Fisk he told me
that he knew nothing about the murder that he was in
another part the hotel at the time it occurred he said
/ a,,df that fe
All he knew about il he said he TO have $1,000 and
be fixed for of his life if he would answer as he
fed before the COrOners jury; he said he would make
his friends get out Of prison If would say nothing
I'm erossexamnation the DistrctAtorney elected the
fact that the charge which this witness was commit
ted to the House of Refuge of stealing watch. He
| had been committed 10 IL times before.
| O. Did he tell you at that time that the prisoner
Stokes came up TO the ladies' entrancef A. Yes, sir
O. Did he tell you he along the wall through the
Q. DID he say he saw Stokes shoot Mr.. Fiski A Yes
| Sir No., -, ,h,. .,,oo ,ooor,o
oute restve and Nh Tremain objected to any questions
being asked except about the conversation to which
considerably relieved when the witness volunteered the
statement that Hart told him two different stories The
DistrictAttOney proceeding with his crOss-exanl-
! ination when he was interrupted by Mr. Tremain and
| Mr. McKeOn simultaneously. 80
| tlemen, you are exceedingly out of order.
The District Attorney 90 counsel)-You seem to have
| wonderful affection for this witness. - -,
Mr.. TremaIn-NOt so mucn as you have; you have
| kept him at hand long time.
Mr., McKeon--I have taken every means 10 test the
yeracity OF this witness.
| MT McKeOn Ieexamined the witness, elicitng from
him the that he had been appointed monitor at the
House OF Refuge for good conduct He then reiterated
his statement Hart told him he Stokes shoot
Fisk and afterward said he in distant part OF tho
hall, putting up globe lie had been cleaning when he
heard two shots fred and going in that direction met
| stokes, who said: Z" man is shot IN the hall
| run quick for doctOrj" then he ran back
| after Stokes, because he thought from his actions,
| ana because no else from that direction,
| tbat IL was he who had done the shooting
Hart in telling first story witness which he after
ward said was false stated that he behind Stokes
when he fired asked him, said the witness, why no
hadn't pushed Stokes down stairs he said he wished
he had then he would get plenty Of money from Fisk