The New York herald., 1872-07-10
The Fisk Murder Trial.

The trial OF Stokes seems approaching the
end Of it's agony, after sixteen days of jury
finding, evidence-takng and legal wrangling.
The sitting atmosphere of the court seems to
have no deterrent effect on the morbid crowds
who throng day after day to catch the choice
morsels of sensation scattered there. Yester-
days features were the medical evidence for the
defence and the testimony of the father of
Stokes as to hereditary insanity. The evidence
on the first point of the greatest value was that
given by DR.. Carnochan. Its strong point
is that he considers the administration of
opium In the case of Fisk as extremely
bad practice and dangerous to the life of
the patient. He did not think that recovery
was impossible, but admitted the great danger
Of the wound. The evidence of DR.. Jacob
supported these views; that of DR..
the defence, since his cross-examination
revealed the fact that he had been
the Deus en- nachina of the medical line of
examination for the defence On this matter
it may be said that lawyers in case of this
kind must "cram' their medical information
The propriety of putting this 'crammer" on
the witness stand is, of course, another question
The superficial nature Of the lawyers medical
knowledge was rather oddly demonstrated in
one of the prosecuting private counseps CROSS
examination Of the doctors for the defence.
He ventured into questions on the merits of
certain schools Of medicine, but when asked
what was the particular system he alluded
to in the case Of DIR. Sayre admit
ted that he did not know The
witness naturally expressed the opinion that
the lawyers question meant nothing. The
utmost which can be drawn from this medical
evidence appears to be that the probing was
dangerous, and that opium was administered
injudiciously and inordinately, leaving the
question of the absolute fatality Of the wound
resting on very slim chance of recovery.
The insanity evidence must have been pecu-
liarly gratifying to the morbid audience, for it
exhibited an old man. the father of the pris-
oner, in tears. His evidence establishes
that Stokes uncle died insane and his
mothers nephew was six months in
the Bloomingdale Asylum; also that
Stokes himself exhibited abnormal mental
excitement at the time Of the quarrels with
Fisk about the refinery business. It would
seem from all this that the strongest fea-
lures of the defence still rest on the evi-
dence given before yesterday The question
of premeditation or accidental meeting
in relation TO the actual shooting, the question
ii fisk's drawing on Stokes and the truth or
untruth Of the threats against and persecution
of Stokes by Fisk, will probably exact deeper
consideration from the jury than the points of
the opium administered, the probing or the
family insanity.
The lawyers fights among themselves
seemed yesterday to have been ended by
the amende honorable of Mr.. Tremain to
one Of the private counsel but it
broke forth again in the day as Bit
terly as ever. Certainly the position
of private counsel for the prosecution
in case of this kind is not
an enviable one, since it almost invites attack.
1t is possible that the case for the defence will
close to-day, and that the long case will be
ended one way or the other before the close of
the week.