The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-28

for while, the stunning OF feet the men in the
less Of the protest Of the standees in
mont, who were compelled by the move.
the In the s ~
In commando the rustic OF dresses and the hem
ming and having given az premonitory symptoms
mined to hear all that was to be heard, and that
they were making every preparation to not disturb
fusion that took repeated rsppings Of the Judges
gave to quiet. The prisoners counsel appeared to
be rather excited also over the Of the
the day previous, and a. soon - he was sworn they
put their heads together, apparently engaged in
which Stokes occasionally seemed to add interest
TO by suggestions which he every now
that gave token Of considersSIs feeling the
question that naturally arose In their minds was,
what was the witness to testify abouti He had not
name been mentioned BY the District Attorney In
connection with the case. His
rather puzzling and naturally gave rise to fears
that were, however. not justified In the end; for
his testimony was in no wise startling nor did he
throw any additional light upon that portion OF the
case which seems to want very little light to make
It plain, namely, the shooting of Fisk on the stair
way OF the hotel The counsel looked relieved
when they found out by the cour9, OF the District
Attorneys questions that he had not sprung pro-
digous trap on them in the production OF the wit
given, they took him IN hand with great severity
when it came their turn to cross-examine him. The
IDENTITY man who has his wits about him on all Oc-
casions. His answers were curt, without being
like everyday witnesses concerning matters he was
not directly questioned about. He seemed to act
on the principle that 1t was the connsels' duty to
ind out for themselves all they wanted to know be-
y0nd what he had vOnchsafed on his direct exami-
nation. when you were at the head OF the stairs"
asked one OF them, mo one was seen there near
where you were ~ The reply was given quickly,
with strong emphasis on the personal pronoun,
al saw no one - and the witness In like manner In
a m.
swer to indefinite questions put to him, II not 70
e e,p, at least to puzzle him. HIS testimony
shots and had advised that Stokes should be taken
before Colonel Fisk to be Identified.
SAD SCENES REHEARsED.
The testimony OF the second witness, Mr. Curtis
who spoke low that the jury could scarcely hear
one WORD out Of ten that he uttered, was listened
to with the greatest attention and as he narrated
how he had found Fisk on the stairs and had helped
him up. and then described the way he and others
on bed, Mrs. Fisk and her sister were visibly
affected. The rehearsal, as 1t were, by the witness
trail, where the Colonel was found bleeding rom his
wounds, appeared to cause her the most intense
grief and she swayed to and fro and sobbed as
though her heart would break. Indeed, throughout
the whole proceedings, nom the time when the
tragedy was first dragged into light again by the
crying, and became an object OF pity and commits
Grafton in the eyes OF the audience, who could In
the conspicuous place she was seated, witness
every move she made
THE STORY OF THE MURDER.
The evidence OF the third witness (Coughlin) was
merely OF a corrob0ratlve character, but 1t fell to
the lot Of Thomas Hart the boy who was In the
ladies' private entrance when Fisk came along and
by his testimony. lie is rather an intelligent sort
OF young man, and gave his evidence with such
mnuteness and such elaboration that 1t gave rise
to the suspicion OF being lesson studied by heart.
Stokes evidently felt uneasy while he was on
the stand, and every once In while
who straghtway would put some stickler OF o
question to the witness, evidently based on some
as while his %ers
cr0ss-examining Hart as they themselves although,
OF course, aitera different fashion He hastily looked
over reference books that lay on the table, turned
over the leaves with nervousness that was un-
mistakable, and then, handing them to one
to some line which it is supposed he desired
they should make effective against the witness
evidence. +, In this way he prompted suggested and
station house the night OF the shooting, Indirectly
crossexamined the witness; but the latter
STOOD HIS GROUND
well. He did, it is true stumble occasionally some
times blunder In matters OF detail and even con-
that in any way undermined his Testimony as a
whole. Stokes counsel knew full well that his evil
ing would be much easier to successful ending Of
the case; but they failed to break 1t down. The
very best evidence Of this was Stokes conduct
was uttered by the witness that he did not lean
forward eagerly to hear; not point on the map OF
the hotel rooms was indicated to show where ne
and Stokes we're and where Fisk at the time of
the shooting but Stokes strained his eyes to gaze
is indescribable. Yet at times he tried to act as
though he did not care to listen to the testimony,
but no sooner would he turn his head aside and
pretend to be Indifferent than aOme word dropped
by the witness made him involuntary as 1t were
lean forward as eagerly as ever, with the same look
seemed to lose control OF himself however, was
when the witness testified that he saw him coming
ner" His face usSed as the words were uttered
and a look OF scorn and contempt crept over his
countenance. When Hart resumed his seat and the
Court adjourned no one In the court room seemed
more relieved than Stokes himself.
TESTIMONY FOR THE PROSECUTION
Charles g. Hill, sworn and examined by District
@ Where do you reside and where did you live on
the eth Of january A. reside and did reside at
hotel that day. the 9th OF January.
q. On that 9th OF January do you recollect an oc
currence which took place at the hotel-the Grand
oner at the barr State such parts OF the
| transaction as you saw and heard. A. was In the
hotel little before four oclock-a quarter per-
| haps; had gone up to the second floor, and was
standing In front OF the elevator while standing
from; another report followed In quick sue
cession. which | detected as coming from
stepped aside from the elevator and looked into the
| hail. and then saw man standing little to the
saw that man make a motion with his hand; he
| immediately after came towards me as was pass
Ing rom the elevator; az ne came up 10 me asked
| him what was up; he said
MAN WAS SHOT;
| / went on towards the stairs Immediately and
| looked down, and there saw a man whom recog-
nized as Colonel Fisk down below on the platform
at that instant some one said, "There is the man
that shot him - then turned round to follow that
| man when got to the main stairs and while on
| the third step going down, some persons brought
back this man II was the same man that met in
| the hall and pretty soon after q policeman came
and arrested him and brought him up the stairs
and took him away.
O. Who was that man you saw in the hall first
and was that man the same you saw afterwards
given into the charge OF the officer ? A. That Is
the man there,
POINTING TO THE PRISONER,
that is now looking at me, whom first saw In the
hall, that afterwards asked, "What was up,n and
that was taken away by the officer
Q. State as nearly as you can recolect where that
stood In the hall when you got the first glimpse
OF him and where you stood A. / stood at the
corner OF the elevator and think he stood close to
one OF the room doors to the left that was when
first saw him.
O. Describe to the Court the locality as nearly as
you cam
A DIAGRAM OF THE HOTEL