New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-13
THE STOKES TRIAL.
CONCLUSION OF MIR. TREMArNs ARGUMENT.

DISTRICT ATTORNEY.
The argument of Mr.. Tremain in behalf of
Stokes resumed yesterday morning in the Court Of
Oyer and Terminer in the presence Of large audience
He reviewed the evidence in the at great length
and concluded his remarks at 316 D. District Attor
ney Garyn at proceeded to up for the prose
cution II is probable that he win conclude his address
this morning and that the case will be given to the jury
In the afternoon.
Mr. Tremain, at the opening Of the Court said:
MIR. TREMAIN's ADDRESS.
In resumng the discussion Of the proposition that the
wound inflicted by the prisoner was mortal wound ana
that the deceased died from its effects shall proceed 10
invite your attention TO complete examination ana
analysis OF the evidence upon which the re-
lies TO maintain and support that proposition The Dis
necessarily comedies by the course OF the
evidence that the burden Of sustaining that proposition
rests upon them and it is familiar principle of law that
II there are Two causes proved, either Of which might
have produced DEATH the prosecution has failed 10 sus
tain the Legations alleged in the Indictment now the
Government say that they have sustained this ee0a-
ton in the indictment that the deceased died from
mortal wound inflicted by the prisoner by medical opin-
IONS by the antemortem symptoms, by the postmortem
examinations and shall first call attention TO the evil
dence as II stands for the prosecution.
We say that neither. of the propositions put forward
by people have sustained by that clear and con
elusive proof which the law demands that they have
not proved that this wound was necessarily mortal and
that it alone caused the death Of the deceased Who are
the medical gentemeui Drs. sayres, Wood, steele,
Fisher, and Triper Dr. sayres may be man very emf
nent in his profession but he appears 10 be partisan,
who eynced the strongest feelings Of bitterness through
out his testimony He deemed IL fit in his own testi-
mony tell Col Fisk at O'Clock that evening lie had
better make his WILL while all the evidence shows that
the only chance for life perfect quiet both mental
and physical. This ntmaten to Fisk that he must die,
which is implied in the advice, was well calculated
to soothe his and stimulate his hopes OF
recovery! sayres produced that little instrument
with which he shoots this deadly poison OF
opium morphine Magende solution INTO the circu
laon OF the patent ana Win te most d 6 XXX
that injury results from it, Dr. Carnochan gentle
opinion OF Dr. sayres, said he was great blower"
Dr. Sayres attempted defense by showing how much
he had contributed to medical science and his bearing
upon the stand was exceedingly unbeeomng' IL was
impossible for to restrain him. On trial OF prls
oner for his life could not allow these proceedings to
generate into settlement of controversies between
iessional gentlemen, and yet how little ne needed the
and cast aspersions on brother pysician This the
gentleman who told Fisk to make bis WILL when perfect
quiet was necessary
INCOMPETENT PHYSICIANS.
OF DR.. Woods evidence 1t is only necessary TO cay lit
tie Dr. Steele police surgeon appointed for poi
cal reasons and did not presume to put himself for
ward in an obnoxious The men who conducted
the case to the end Drs. Fisher and Triper Trip
Ter was claiming to be physician, but upon MS
showing he did not know the hrst OF ms Pbo
and left for the prosecution TO produce the lnsu
ment having been previously stated that 10 was aert
outside in consequence OF having been stained That
probe was defective and Tper was the physician VINO
EoastingIy said that he the FIRST man to put the
nTobe ITO Fi.k's belly He acknowledged before the
Coroners inquest thaC IN his hand the instrument pehe
tated the abdomen, for he was anxious only 10 MAKE
renutatop and did not consult any TO get proper
weapon him OF the danger OF MS act was ne
disnterested witnessi He told Dr. SHINE what guam M
IineN deceased
has not stated IL here and excused himself Tor using
broken instrument on sne He was the man who
said that Trpler had no idea that MS words anu cts
wOud be mentioned in court and Irpler responded thas
II what Fishei had done was generally known he would
be ostracised from the medical profession nn,
mems of each were correct Fishers name did not ap
pcIr in the list OF regular medical practitioners -
conclude this branch OF the case by asserting d dha
nom shock; that have shown improper proDlng ana
excessive administration OF morphine ana what else Il
there tD show medical malpracticef Every one Knew
hat quiet was absolutely necessary, yet the room was
crowded until Dr. Wood ordered II 10 De cleared WY
nd NOT Trpler and Fisher give that orderf Jay Gould,
WIN NJ Tweed and ply scians were present, ana
il ANYTHING was calculated to kill the deceased tnelr
nresence Was Did the prisoner have far cnanee ior
PissItt WHY was probing conducted with defective
instrument in the hands OF unskillfu practitioner
We now find from all that none but crazy man
v,onId mass probe over the adipose matter into the
abdomtn. But the deceased was suDected 10 tn a
and Fisher in their position Wood and sayres
could lot elevate them but they could humDie tnein
With this evidence Wudt s"tlNc Anen Nosu
wear that the deceased died from the result OF the
wound inflicted by the prisoner'
PREMEDTATtoS NOT PROVED.
Now. with regard to the premeditated design on the
mart of the prisoner effect Fsks DEATH The theory OF
be prosecution has been that Stokes started upon
murderous Grand rushed out of his house. learning, in
some mysterious way that Fisk would be at the Grand
Central Hote he went there in pursuance of his felon
GUS purpose fired the fatal shot and was, therefore,
guilty Of homicide with premeditaed design But now
eoui any sane man have taken this mode or Killing
Fskl Tie time, the place, and the circumstances are
opnosed TO the idea. Alurderers seek the night TO ac
c6plish their purpose bat this killing was done IN the
middle OF tho day, with no attempt at cOneeamen ana
a marked absence Of an old grudge. Despite the legal
difficulties and controversies between himself ana FISK
mo- attempt was made prove he uttered word OF
menace AGAINST Fisk He was afraid OF the deceased
and believed himself to be in continual apprehension Tor
the safety of his life but he never, with premCditated
purpose xposed his life to the gaows Let US examine
The evidence on which the prosecution rests
The first witness is John +. Chamberlain gentleman
gambler and the other Is Warren gambler at the other
end OF the lne who was not ashamed OF his nefarlous
trade Would you hang this gentleman on the testi
mony of these gamblersi 1 am an old-fashoned man
and my opinions about these things are not IN accord
snv object on earth ioathe 1t is gambler. He live:
by plundering the community by false ana fraudulent
devices His gded nell dee S1 tf ne
degradation, and general ruin. remember the cele
brated words OF Dr. Knox, delivered before CLASS o.
Young men, that gambler would steal the gold coins
mat Closed the eyes of his dead mother and gamble
the coffin OF his dead father on the testimony OF these
men, will you convict the prisoner
THOMAS Harris TESTIMONY IMPEAcHED.
Thomas Hart swears in brief that he saw the prisoner
with stealthy tread passing along the hail. and looking
TO the right and left and when the prisoner got to the
head of the stairs he heard him say 1 have got yor
now /" And the prisoner fired the murderous shot, Il
Thomas Hart to be credited shall show you that by
the application OF every test known To- the law Ihoma
Hart can he mpeached at all points. The first extraor
binary circumstance in regard 10 the testimony o.
Thomas Hart is drawn from his own lips IL was mos
Intelligent discriminating question winch was put u
that Young by OF your number, why he had re
heated his story so uniformly, and he replied that h,
mad committed il TO memory. Was not every circum
stance Imprinted upon his mind Could he erase from
the tablets Of his memory any circumstance connected
with this startling tragedy! Was il necessary tina
he should day after day repeat the story so that eomnI
upon the stand he could. parroke roll II on MOI H'