New-York tribune., 1872-06-20
THE STOKES TRIAL.
FIRST DAYS PROCEEDINGS.


THE DAY HUMoRs OF THE TRIAL-Two
JURORS OBTAINED.
The trial of Edward 8. Stokes, accused OF
shooting James Fisk jr the 9Th Of January last Az
the Grand Central Hotel In Broadway has at last begun
in earnest The proceedings against the prisoner since
the day Of the shooting have been series OF postpone
ments and delays, which have followed each
other in rapid succession until at last Stokes
himself tired Of his close confinement has become ner
vOusly anxious to have his fate decided and has long
felt that any fortune is better than suspense. The
peremptOry deeision Of Judge Ingraham on Monday
admitting adjournment until yesterday, but
announcing that then the must be taken or
until the FALL dispelled any expectation Of further
delay and yesterday, when all parties appeared before
him, requests for pOstp0nement were submitted but
at lOi o'clock the contest for jury began.
The appearance of the courtroom at that hour re-
minded the observer OF the spectacle presented two
years ago at the Mcfarland trial Many OF those who
looked upon the exciting Of that occasion were
grouped yesterday around the room, again Interested
either spectators friends. ia professional
capacity The crowd inside the bar-conssting Of law
yers almost without number, reporters the sheriff and
his deputies, friends Of the prisoner, few ladies'
was trebled and quadrupled by the immense crowd
outside the railing which filed and crammed the seats,
choked up ases, and crowded the entrances. Tho
heat, despite the open windows three sides Of the
rOOm became after time almost int0craDc, and as an
exit, however temporary, equivalent 10 losing
seat every remained, and so the crowd in
creased. started shortly after the hour for
opening the trial. that Judge Ingraham sick, and
postponment would be again but the Judges
arrival dispelled the fear or hope.
The appearance OF Stokes accompanied By his father
and brother. and preceded and followed by the Sheriff
and his deputies, the signal for buzz Of prepara
ton on the part OF those engaged IN the trial, and
murmur Of anticipation and curiosity from the spec
tat0rs. The popular descriptions OF Stokes trial
they have appeared from time TO time occasions Ot
the prisoners presence in court have greatly eXagger
ated the change I'm the since the tragedy Stokes
does not look particularly thin and those who him
frequently before his Incarceration discern but little
OF the rayages Which, IL is claimed, have pn,hed his
face and bowed his form. His hair which black and
curly, has indeed, grown somewhat gray but the most
perceptble difference is in his manner and perhaps
little in his dress He has lost his yyacity AID becoms
a SOBER though by dcspOndent man. He ~
very cheerful regards the result OF bis case believing
that fair jury and fair trial will give him bic liberty
within very short time.
is said that he and his counsel base strong hopes
upon the working Of the recent law relative to the
lection OF petit Jurors THIS is the first trial under the
new law Of such Importance TO thoroughly test H.
The change that has been made by it is OF less i'm
porance, however, than is generally supposed Itwh
draws from the grounds OF principal challenge" only
the fact that a has formed or expressed an
opinion, and still leaves this matter 20 go to the
trers under "challenge to the favor" 10 determine
whether that opinion has given bias TO the mind OF tie
proposed juror and any who has watched the ease,
in which the two challenges have been largely
used will recognize the fact that hardly any rejected
the principal challenge would pass the ordeal Of the
trers. Several Of the gentlemen connected with the
Dstric-AttOrney's Office known TO entertain this
view On the other hand, the number Of pcremptory
challenges for the prisoner Is increased rom 20 10 80 and
for the prosecution from TO II the ac which
usually successful prolonging the selection
-ad In ria fria ia N n n
obtained any quicker than in the old way.
stokess father remained with him Throughout the en-
tire day He is an old whlte-harcd man, evidently
co years Of age with prominent features ANA the
bright eye which distinguishes the sons appearance.
The proceedings possessed for him absorbing inter
est and he listened attenyey With I, saaggy beard
bent upon his cane. stokess brother it IS said al,S
present early III the day, but left soon after.
The prisoners counsel, upon casual glance seenl
compared with the imposing array upon the other side
much like miGteweght pugilists Ilted a~anst heavy
weights but their known sagacy aud experience
an equal encounter which viii be watched with the
greatest attention. Tie senior counsel John McKeon
an elderly gentleman OF line presence and we'll knows
throughout the city where law has ever BAD hearug
He was stokess first counsel, and remained steadfas
when his former associates dropped Of. The lrst o.
the new counsel associated with Mr. McKeon John D.
nd, comparatively young lawyer, but well
known in the profession. possessing VIDE experiences
The third counsel Henry DAILY, jr, also young man.
TO whom credit for much Of the active work in the
is due. MI. TremaiD. who is absent III Albany, will
probably to the assistance OF his associates IN
few days. He is to mp the case for the prisoner.
The counsel for the prosecution sat- during the exam
nation Of Jurors yesterday, in the form of triangle
facing each other Di,trctAttorney Garyn alone facing
The Court. The regulations OF Messrs Fullerton and
Beach are so widely known 10 need no comment
Their appearance a. private counsel has evidently
caused to the counsel for the prosecu
ton of whom took OCCASION yesterday TO say that
it was horrible spectacle 10 see gentlemen engaged
as pryate counsel to prosecute by whose enemies
they had been employed" 1t is understood on the
other side that they simply TO look and act
consulting counsel The Disriet-AttOrney is said TO
have stated that they not employed by him. but
would aid the prosecution as " friends OF Col. Fisk"
PRocEEDISGs.
The proceedings OF the day began with the usual
motion on the part OF the DisretAttorney that the trial
proceed Mr. McKeon presented challenge 90 the array
ON the ground that the Commissioner OF Jurors had not
properly prepared the general jury list and that the
drawing and summoning OF the panel was not
properly made. The DstrictAttorney demurred
to the challenge, and Mr.. McKeon Joined issue
on the demurrer, sent for some books and
when they brought, made the argument
that under the revised statutes the law for drawing
Jurors was In the city and county but In lS7
law was passed providing specially for the jury list in
New-York CITY, In 1870 another law passed which
was intended, doubt, substitute for the act OF
ls47, but was, by its wording, merely on addition
TO IT, This act provided for the making up Of books
Of Jurors each May, arranging the names alpha
betieally and giving ths ward, place Of bust
ness, residence and occupation Of each, and also
provided that certified copy of this list should be ea
with the County Clerk and the County Clerk should pre-
pare the ballots from such list aud place them In the
box. They denied that this had been done. In ex'
amning this list he had found very few omissions, hs
must confess but they omissions, and these
violations OF law He had also found on the panel ssme.
taa her az nf tlo