The New York herald., 1872-07-06


my assistant, M Fenows, IN the prosecution OF
csse OF libel against Colonel Fisk. before Judge
Mr.. McKeou--I have never been 20 engaged IN .
Nr. Garvin-yes, sir; In the case OF csnceni
COUNSEL cor MS MONEY OUT OF THE COUNTY.
Srsgntss and nv sensation .ss Generally ally And
from the time TIM prosecution commenced
cm the present re- int ceogs ,,IpS pvats ,,
the monsy-blood money--against this man Canoe
mi: What do these men mean by this kind Of
tax Has anything 70 do with the merits OF this
FOR murder n he is Innocent be win have the ben
% eat Of the prosecution saying 50, and II he is =
SO to this jury without fear OF ANYBODY and win ask
them to convict him. ] want to have mo. no M blood @
the law and the evidence. ,
THE DECISION AND A REBUKE.
right to Give ns asS in reasr ss 10 e
gesta. But this declaration has no connection with
the res 0esta at all. 1t is declaration made pre-
time One other matter wish to discuss. Ihave
had this matter Of other counsel presented In for
no &c made to me It .
u%1necessary, % as II has been already disposed Of
in several forms, but they were an excluded.
| T. AT what time did you see Mr.; Stokes that dayY
OK S s
got through It was three O'Clock; Mr.. Stokes
| called alted that.
| Q. DId he tell you where he was going after he
| left your
The p,str,o, A,torsor ASoTaSs nn'.StuS ROW
| Mr.. McKeon--l intend now to hold the District
Attorney to his official responsibility. We are try
f Dis @ % ss psSs7 80 s m
! that he excludes these questions. The men that
hold w to the y BY e to oe
made in Court. have endeavored repeatedly to
stop u; have M stopped i on one . side and must
| Mr.. McKeon-Recollect Your Honor, that we are
trying q man Tor his hfe. -.
late law ana the rules Of evidence.
| Mr.. McKeon.The District Attorney holds in his
hands life and death. He has tho power to try the
case as il mans life is involved or as a case in
v%cISing % The the life & Of dog: .,,,.,.u - ,., ~.
District Attorney 1t is no business OF the defence
| or of the Court.
Rufus F. Andrews sworn:o. ~s Do Do You as' know Mr..
Stokesf A. Yes, sir.
Yes, sir, at my otice, about quarter to three in
Q. what did he say about any Indictment A.
been found against him by the Grand Jury OF the
| Oyer and Terminer; replied that none had been,
ment had been found. Mr.. Garvn objected,
| The Court allowed the question to be answered: red,
Mr. andrews 6ontinueamhs asked n a me there
brought from Providence on a requlsition.
| 9. What was his further answer to your remarks
| Q. Did you advise him that he could ieavc town
Objected to, excluded and an exception taken by
Q. Did he say that he was going to Providence to
| attend a trial about bet? AE
How DO tx the me n%e had reference
set down for two O'Clock that day; waited till
halfpast two. the parties not coming; then some
minutes, and, at the end OF that time stokes came
and saw me on the outside o Of the office;
MR.. .ooTrRRELLs EVIDENCE.
George W. C0ttercll swOrn:- 4
| Q. DO you know Mr.. stokesf A. Yes. sir.
last A. was living at the Hofman ian House. lou had
seen him there repeatedly, but didn't know that
n m % aSu
fifteen or twenty minutes past three O'Clock. sl.
Q. Do you recollect his being near the telegraph
fifteen minutes past three, land and Mr. Mr. Stokes 'S was
| allusiOn to EatOntown- f arefl y
Mr.. Garvin-I object to the conversation.
The Court-I think the conversation is objection
q. What did he dor A. ] saw Mr. Stokes pass to
the telegraph onlce and pick up blank sheet OF
e. Before he went to the ONCE, was any question
put to you about the boat to Long Branch. A. Yes,
O. Was there any question put to you about the
town Of Eat0ntOwn and EatonvieY : A. There was
| such question; told him II was Eat0ntown.
q. Did you answer him the time the Long Branch
boat left A. person in the office did; did not
@ Do You recollect his asking you how he could
Mr. Garvin-i object. The other side know /
TO o sasy re
The Court-The question ia excluded.
| The questions .whether witness told Stokes that
| there was telegraph office at Eatontown" ana
whether there was racecourse near there, }" were
also excluded the ruling OF the Court being IN each
THE TELEGRAPH CLERK.
George W. Roberts sworn-i am clerk in the
Western Union Telegraph Company; my father has
charge Of the original telegrams that pass over the
line; have with me the kilograms that passed on
1 q. WHY you produce them A. The rules Of our
have to refuse until ani ordered to produce them
! by the Court
The Conrt--You win have to produce them.
The witness then handed three papers to Mr..
McKeon, and the examination was proceeded with.
| Q. Look at this message and say what 1t is and
read it. A. 1t is an office message from Eatontown,
MIR. Garvn-I object; it is wholly immaterlal, Your
| The Court think this evidence is ftnl,s
WHOLLY INADMIssIBIE. Hf
Mr.. McKeon-Cannot man on trial for his life
| show what he Was about the day Of the homcides
| The Conrt-You can enter an exception.
Mr.. McKeon-I except then, Your Honor
| witness, and, the same questions being put, they
! were all excludcd BY the Court-thc prosecution
was the original telegraph message sent by Stokes
! from the Hoffman House. and the third was the
SopX o. l. sens Um 'S G no"se 20
Eatontown. " 't'
| O. To whom was that telegram addrcssed7
Objected to; excluded and excepted to. rs
The Court then adjourned for recess.
After Recess. r
ANTEMORTEM EXAMINATION OF LAWRENCE CARR PUT
fEIG vlgTgn IN EVIDENCE. st @.
At the opening OF the afternoon session counsel
read the testimony Of Lawrence Carr, the driver Of
the coupe hired by Stokes on the evening Of the 9Th
OF January the day OF the shooting. Carr Is since
deceased, but defendants counsel as precau-
tonary measure, had his examination before
notary public taken and sworn to before his death,
and yesterday it was read and put in evidence. 1t
was substantially as follows Carr drove the
prisoner on the day OF the shooting to Mrs. Mans
flelds and back to the Holman House. during which
time there was no stopping. and the prisoner
had no communication with any one; Stokes
told him to stop at the corner Of Fourth street,
saving wanted call nj the Grand Central. but