The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-12-19
NEW YORK HERALD THURSDAY DECEMBER ls72RPLE


ond. He Ia little bald, wears 'Hhlskers and mus,
tache OF tawny gray and glasses. His face bears
the marked features which would indicate mixed
Roman and Hebrew extraction. Probably his an
cestors were Of the time of Paul.
Judge Boardman, before the Court adjourned,
appointed three officers to remain with the Jurors
till brought into Court this morning.
The Proceedings MISUNDERSTANDING the
Jury.
Judge Boardman having taken his seat on the
bench, District Attorney Fellows rose and
moved the
TRIAL OF EDWARD $. STOKES
for the murder Of James Fisk Jr.
The Clerk OF the Court Mr. Sparks, then pro-
ceeded to call the panel OF petit jurors. The slips
were then put into the box and the Clerk called
the first juror,
DAVID s. EGGLEsTOS.
iron merchant, No. East Thirty-ffth street. In
reply TO questions put by Mr. fireman. he said he
had read very little OF the testimony the trial;
he had formed and expressed an opinion.
O. Was that to get rid OF jury duty3 A. No;
had formed strong Impressions at the time OF the
occurrence from what read OF 1t; ! should hope,
even If had an opinion to be fair enough, II cir
cumstances were afterwards presented to me OF
still think my impressions would hardly leave me
an impartial juror; have talked about the case
about as much as would be natural; remember
that have expressed opinions about it; was
summoned TO appear as juryman on the 1st OF
December; think have since then expressed my
opinion that was not competent to serve on this
case; that was brought out in general CONVERSE
ton, not by the oilcer who summoned me.
Mr.. Tremain here stated that Notwithstanding
the evident feeling OF the juror, they were so anx
GUS to expedite the trial that they would with
draw the challenge.
Mr.. Fellows renewed the challenge for the prose-
cution. Mr.. Eggleston had no prejudice against
the death penalty. He thought the killing was
murder but that rested on what he had read in
Both parties accepted him as the first Juror.
James IT, Mcguire broker was examined in the
same way. He supposed he had an opinion, though
it was based the statements of the press, and
not on sworn statements, he could not cali it q
Mr.. Townsend here challenged the Juror, but It
was concluded that they might as well so on with
the general challenge without appointing triers:
or any one intimately connected with him: except
his desire to get or the jury he knew but thing
that would be against his sitting on the jury he had
got up cartoon illustrated paper representing
Fisk as a lion; that was not directed against the
prisoner, but against the ministers OF Brooklyn
and the press; 1t was lions body with Fisk's
head, with some ministers as asses Qaughter)-
kicking him, and reprs.sent a OF the press
bers Of the house of Phelps, Dodge Co.. read
all that appeared IN the morning papers, reading
Mr.. Fellows challenged him peremptorily..
Paul Baskerville, baker, had only such opinion as
he had formed from reading the accounts of the
occurrence; he had not read the proceedings on
them, but thought It would require evidence to re-
move his opinion; he had not had dealings with
Mr.. Fisk or any one connected with him; he had
not seen "BlaCk Friday" but had read Of it. Ex-
CHARLES g. LoPER SECOND JUROR.
Mr. Lopez SAID ne was not now In business was
eide impartiaiIy on the evidence: had no acsaaint.
ance with FISK, and has none with members OF the
house OF Phelps, Dodge 4 co. Accepted ana sworn.
THEODORE MALLABY, THIRD JUROR.
Mr.. Mallaby. OF l24 Waverley place, answered the
questions put to him satisfactorily to counsel on
either side and was accepted and sworn.
James s. Schofeid, druggist thought IL he knew
himself as well us other people knew themselves
the papers and formed an opinion that Stokes killed
Fisk. Alter cross examination by Mr.. Beach the
prosecution renewed the challenge, and it was
overrulcd by the Court. Challenged peremptorily.
Henry Siegman, importer of German cloths, No.
3l5 West Twenty-second street, excused.
tombstone N. Hegeman druggist, has trade bust
ness with the Erie Railway, and has formed de-
cided opinion to the prisoners guilt but would
do his best to act only on the testimony. Challenge
To Colonel Feovs-Has seen DR.. Shines pre-
scriptions; has several drug houses; read DR..
Shines testimony last trial.
The challenge was renewed by the prosecution
and was overrued by the Court, whereupon Colonel
Arthur d. Fske who is engaged in the transport
taon OF grain over the Erie Railway, said he never
never saw "Black Friday played
Challenged peremptorly by the defence.
DISTRICT ATTORNEY FELLOWS RISES TO EXPLAIN.
Colonel Fellows, prosecuting on behalf OF the peo-
pie, rose and addressed the Court as follows =
Your Honor, deem it but right to ask your atten-
ton for few minutes 1t is but fair your Honor,
essential for this prosecution and but simple Justice
to myself that should call your attention to u
one q our daily journals q the city
you came to preside over this trial, anu
Of my character and habits. Those who
know me best know that since l have held oflcial
the criticisms OF the journals on my conduct or on
my method OF administering affairs In my Official
capacity; preferred that my acts should speak for
agency and instrumentality of the press may be,
the persons who write the articles for it, and FUR
nish the news for it, are falble human beings. |
DO not care to present even the name OF the jour.
nal. Here Colonel Fellows read an article from
the paper referred to- in which hope was
pressed that the trial would not be conducted by
Assistant District Attorney Fellows, person who
bent over the conin of FISK and exclaimed, "Good-
true aud sseaaiast friend to me-, The rhe
speaker contnucd-Now, your Honor, 1t is
icisms and comments upon the actions Of the per.
charged with official respons ibility grows out
EDITORS ike Other men are subject and OF WHEN When
they may no more readily divcst themselves than
other men. MY purpose IN calling attention TO
this article Is simple. The prisoner, doubt,
has read 1t, and suppose his counsel have seen
1t, and no doubt your Honor has read It, and those
summoned here as Jurors may have had their
attention called to it. 1t is but just that your
Honor, presiding over this high tribunal, should
know whether the person who appears be-
fore you the official representative OF
the people In the prosecution Of this indictment
is a person properly the subject Of such imputa-
tions My relations with Mr.. Fisk were not any
thug like as intimate as they were With the prisoner
at the bar; with that man Fisk never had any
been introduced TO him. and the only times ever
remember to have met him were in connection
with the litigation going on between the prisoner
at the bar and HIM, or rather in which the prisoner
was witness, and where appeared Oh the part
OF the county aud was trying TO arrange amcahly
between those parties; my relations were not any
thing like so intimate with him as they were with