The New York herald., 1872-07-14
Juror Number Ten Puts Question to the
Court as to the Time When Pre-
meditation Can Be Formed.
SPECULATION AS TO THE VERDICT.
The Jury Are Instructed and Retire and
Are Locked Up for the Night.
Recess Taken Till Halfpast Ten
This Morning.
TWENTIETH DAY OF THE TRIAL.

The Stokes trial is at an end After twenty days
Of an exhausting conflict between the counsel for
the defence and the District Attorney and his
assistants the jury have gone into dread council
In the room adjoining the court, and at this mo-
nent OF writing they are locked up and are dis
Cussing with earnestness all the points submitted
TO them by Mr. Justice Ingraham in his charge.
At the usual time the court was held yesterday
morning and Judge mgraham took his seat. The
prisoner wore white duck trousers and gray
coat with q black spotted necktie and white
shirt, with white dots in the bosom. Mrs. Stokes,
the mother Of the prisoner, owing to the dreadful
strain that she has had to undergo, was not
present; but Mrs. Sutton, his sister,
was in court, and wept freely in
the room adjoining the court as Deputy
Sheriff Shields escorted Stokes into the presence Of
the Judge and jury. All the male relatives of the
family who were in court the day previous were
also present yesterday to give countenance to their
unfortunate kinsman. Mr.. Stokes, ST., the father
Of the prisoner, an old man In years and appear
ance, who seems heart-broken, was close to the
side Of his son.
The court room was full of ladies' who testified
their interest in the proceedings by standing up
every now and then to gaze the prisoner. The
most feverish excitement prevailed all day among
the spectators. If the prisoner only looked around
he was the magnet Of attraction to every one. He
seemed excited yesterday more than usual, and
listened to everything that was said with an atten.
tion that was provoked by his situation.
District Attorney Garvin resumed his summing
mp as aoon order had been restored, and he con.
tnued speaking until the Court took recess at
fifteen minutes past twelve O'CLOCK. In his sum-
ming up the District Attorney quoted from the
Book Of Proverbs, and dwet on the resemblance in
character OF Fisk to Abraham Lincoln.
recess was taken, and at one O'Clock the Court
was called again. Mr.. Treman quoted the Schriver
case, which, he contended, was pertinent to this
case. At a few minutes past one O'Clock Judge
Ingraham began to deliver his charge to the Jury.
There was great and impressive stiffness in the
room while the Judge spoke from his notes made
during the proceedings Of the trial. No persons were
allowed to pass In or out The charge Of the Judge
was one hour and fifteen minutes in duration.
Judge Ingraham stated that 1t rested with the
jury to declare for themselves to decide whether
the prisoner had been lying in wait for the deceased
to kill him. and If not the act of his killing was
justifable He spoke Of the credibility OF the
witnesses for the prosecution, and he charged the
fury that they should take into account the charac
Of these witnesses and ascertain If their veracit
was sufficient to warrant conviction ofpremedita-
ton In the premises. He ventured the opinion that
Henry, the parlOr man. was mistaken about the
pistol pistols and told the jury to be careful in
examining the testimony Of the physicians who
had been sworn and they were to Judge for them
selves whether the bullet or the doctors had killed
Fisk. His Honor then went into the law of the
case and said:-"You must be satisfied that the
prisoner before firing, intended to take the
life Of the defendant before you find verdict OF
murder, and on this point you must look into the
of tho JJa 10 "a
intend to kill"
Mr.. Treman here corrected the Judge, and said
the prisoner had testified that he did not intend to
kill.
His Honor told the jury to consider that the fact
as stated by counsel was true, and passed
on to the other degrees OF murder and
manslaughter. The first and second degrees
of manslaughter he would, as asked by counsel,
charge could not be found the facts Of the case.
Manslaughter in the third degree was killing in
the heat Of passion, without intent to DEATH
'H," said the Judge, "you believe that, when the
prisoner fired and inflicted the wound, he feared
great bodily harm ana danger to his life, and that
there was danger Of it's being accomplished, he
was justified in his act" and they were to find
accordingly.
Mr.. Tremain rose and asked the Judge to charge
on number Of points that were vital to the pris-
the force Of the points made by Mr.. Tremain, and
added his instructions to the jury based on the re-
marks Of the learned counsel. Mr. Tremain
seemed to have made q favorable impression on
the jury as they went out and the general I'm
preston as they left the Court under the
escort Of the officers that Stokes would be acquit
ted or else that under possibility could verdict
Of murder be brought In.
At halfpast two O'Clock the jury were marshalled
through the crowded room, the people-men and
women-rising to scan each juryman as he
marched by with the most feverish curiosity. The
ladies In Court seemed almost crazy with excite
ment, and during the jury's absence several wordy
and unwomanly contests occurred among them in
relation to the merits Of the case. This Stokes and
Fisk matter seems to have set the blood Of thou
sands Of people on IRE. The jury remained out
sntll ten minutes before five O'Clock, when they
came into Court again and asked for instruction
rom the Judge. Mr.. Lenerts, Of the jury, and Mr.
tucker desired to be informed in regard
y" premeditation, and as to what was
tie shortest time that the law allowed
TO- premeditation in killing. The Judge
replied rather indefinitely to this question which
was Just asked by Mr.. Tucker that IL might take
years. months, weeks, days, or minutes, and Mr..
Tucker asked II q second was enough The Judge said
any time before the act, and the Jury retired. Mr.
Tudker and several Of the jurors seemingly dssats.
iedwth the extent Of the information received by
then.
Tie jury remained out until fifteen minutes past
seven O'Clock, when Mr.. Justice Ingraham sent a
message to the jury by Mr.. Valentine, desiring to
kn,w II they had any communication to make
to him In regard to a verdict. Mr.. Valentine
wal replied to by Mr. Homberger, the
f0rsman, who told him that they had
not agreed on any verdict, and that there
was no prospect Of an immediate verdict at that
time When the message was brought back to
Judge Ingraham he adjourned the Court until half
past ten O'Clock this morning. when he will be