The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-13
Another Exciting Day Of Legal
Skirmishing.
THE OLD FABIAN STRATEGY PRACTISED
Empanelling q Petit Jury to Pass Upon the
Legality Of the Action Of Grand Jury.
APPEARANCE OF THE PRISONER.

Aer for the empanelling oil petit jury to try the
seventh demurrer raised oy Stokes counsel as to
she constItutonaly OF the empanelllng and swear
ing in OF the Grand Jury who indicted Edward s.
Stokes for the murder OF James Fisk, Jr.. at the
Grand Central Holel In this city, on the 9TH day Of
January last, was most executing one for prisoner,
counsel, press reporters and the large number OF
spectators who managed to secure an entrance
into the court room. On the previous day
Of the sitting Of the Court prisoners counsel
mterposed seven demurrers to the indictment.
Six or these were altogether technical, and were
overruled by the Court The seventh demurrer en-
braced a question OF fact which the Court at the
time said should be passed upon by a petit jury TO
be selected from the panel summoned to try the In.
dictment for murder, should the Grand Jury be
tanned. In the meantime $40 petit jurors and fifty
grand jurors were summoned to appear yesterday
and consequently the court room was more crowded
than on any OF the previous days that Stokes has
been brought up. But, independent Of this
THE PUBLIC EXCITEMENT
attaching to the murder CT Colonel Fisk and the
trial OF the man accused thereof appears despite
the Fabian legal policy OF the defending counsel,
rather to be on the increase than showing any
signs OF abatement. Throughout the whole session
the broad staircase Leading 10 the court rooms, the
wide space fronting the doors, and indeed, away
back to the expansive rotunda were crowded by
hundreds OF people, anxious TO get glimpse of the
arch cuprlt on his way 10 and from the Court, and
to learn Whatever patch OF news tired listener
within would bring to the outside as he sought the
fresh air for relief from The over-crowded and
heated room inside
TIE PRISONER
At hafpast ten O'Clock the prisoner Stokes, closely
guarded as usual by strong posse OF deputy
sherirs, with Sheriff Brennan by his side. was
brought into the court room and at once took his
lately accustomed place near MS numerous counsel
How terrible seat II is 10 HIM. and what terrible
ordeal he has had TO go through while he occupied
1t day after day from his nrst appearance IN court
and what other DAYS OF agony ne VIII nave to en-.
dure before ne leaves II Tor The last Time 1t would
day 1t was easily observable mat he is very
much shaken m IN nerve, and that, in fact
or his own hopes to that end that the day
Is yet distant when he shall have finally to put him.
70 go through the lborny pain chosen for himself
IN the very strength and heyday OF his life. There
Is, when not communing with counsel or eXchang-
ing few words with friend, restlessness in his
eye and an occasional twitcnng OF the muscles OF
the perils OF his position, the effect OF the retro
spect OF the course OF lie which led to it and winch
can never be retraced and feeling Of horror at the
dark and dismal termination that lies beyond. he
was dressed with his usual taste and bore himself
70 The questioning OF the jurors and the arguments
Of counsel on all the points raised Tor and against
the acceptance OIL eacn Juror
PRELIMINARY PROCEEDINGS
Judge Cardozo, District Attorney Garvin and the
prisoners counsel all entered the court room about
the same time, and immediately on the Judge taking
hls seat the Court was formally opened. The first
business In order was the swearing In or Grand
Jury to serve the February Term or the Court OF
Oyer and Terminer. The proceedings connected
tnerewlth the names OF the Grand Jury'a the
JUDGES address to them VIII oe found In the reSu
lar law reports In another column.
SWEARING IN OF THE PETIT JURY
After the swearing In OF the Grand Jury and the
Judges charge, silence and order again called
FOL ana counsel Tor the prisoner and prosecution set
about the Important business Of the day. the swear
ing IN OF a petit Jury TO Try grand jury.
on with the issue raised b. tue District Attorneys
replication TO the seventh special plea. He asked
without admixttlre OF the others.
His HONOR sad he had already so decided.
SWEARING THE JURY.
William b. Ogden was then sworn by Mr.. Spares
10 answer all questions 'rouchng your competency
TO act as an Impartial Juror" &c.
Mr. GERRY objected that the proper form OF oath
was as decided In the case OF the People vs. Free
man "wnether you a.e indifferent between the peO-
pie and the prisoner at the bar"
Judge CARDozo ordered that he be SO sworn and
ne was Sw Orn accordingly.
COUNSEL SAID he believed the proper form on a
challenge or principal cause was the first form.
Judge CARDozo-l VIII have him sworn any way
you choose.
1he juror being resworn as at first, he was asked
by Mr.. Gerry whether ne had formed or expressed
any opinion as 10 lne prisoners guilt. or as to
whether tile Grand Jury VINO indicted the prisoner
were properly drawn, aud wnetner the list or said
Jurors was properly signed and filed within tne
time prescribed by law. &C.. to all OF which he an
swered that ne mad 10 opinion or knowledge OF the
matter.
The challenge for principal cause Withdrawn,
anu ne was challenged 'lOr laNOr' ana sworn as To
whether he was .lndlnerent between the people OF
the State of New York and Edward 5. Stokes, the
Mr.. Van Ness and Mr.. Samuel @. Reed, called as
triers by His Honor were objected 10 and excused.
MI. James I. Malcolm and Mr.. George w. Parsons
were then sworn trIers.
In reply TO Mr.. McKeon. the Juror answered that
ne knew none OF the Grand Jury who indicted
Stokes. and that he was indifferent between the
people and the prisoner; ls slightly acquainted
with MI Prime, one OF the Grand Jurors.
Mr.. McKeon Withdrew the objections TO the Juror,
and he was sworn TO well and truly inquire be-
tween the people OF the State of New York and
Edward Stokes, prisoner at the bar, upon
joined upon the plea OF the said Edward 5. stokes
JURORS REJECTED.
Philip Smith, plumber, YVES the next Juror called.
and IN trying him for The favor Mr.. Ogden had 10 |
take another oatn lthe NTH as trer.
PnilIp Smith had said ne was not impartial be. |
tween the prisoner and the people, though he mad
noprejudlces against the JUROR
ms raised the important question as 10 whether
the prejudice oil the juror ON Tie man issue OF guilty
or not guilty was sufncient to exclude MIN from
tue triai vi me Grand Jury and t1c Grand Jury list
Prisoners counsel claimed that their plea was
that tots Grand Jury was neither more norless than
q MOB. Now, any one wnO mad such strong preJu-
ulce against the prisoner o. 10 believe that ne ought
to be hanged without law was not IN a NJ frame OF
mind 10 decide whether thus Grand Jury was
not a legal body or "A MOI.
The Court charged Tue uie,s as folows:-"Tne
question That you are to Try Is whether Mr. Smith
Stands iudlnelent Oetweea the prisoner and the
people, so that he rpas act as an impartial Juror
TO try the issue which II Il proposed 10 submit
TO them, aud which you have already beard stated
Althonsn ina, rs e issue t9e aw says ina, on
10 bias his mud may be received as competent
evidence 10 receive at TIE hands OF the trlers, for
them TO give such weight to they MINK 1t family
entItled TO, TO enable them 70 determine The com.
potency OF the Juror There Is No rule oil law which
lays down with any precision what In their ludg-
ment shall be deemed a DISQUALIFICATION. IL u
matter resting entirely IN their good sense ana Judg
mentu
Mr.. Smith was then rejected
Jonn Walsh sworn. was asked the same questions
as the first witness. whether he formed any opinion
as TO whether the list OF Grand Jurors who indicted
the prisoner were Drawn from box IN Inc usrai
way; whether tney properly selected 10y toe
Commissioners, aud the list MED within nItecn
days; ther their names aud residences were
given In said list, ana whether they were men OF
Intelligence ana character.
The Juror knew nothing about II, but admitted
prejudice against the prisoner. Re)cctcn.
Denis Burke, excused on account VI III health.