The New York herald., 1872-07-10
BelligGent Counsel Bury the Hatchet
and Smoke the Pipe of Peace.
Dispositions Taken by the Two Com
missions Excluded.
Medical Testimony for the
Defence.
The Cause Of Fisk's Death Pro-
fessional Enigma.
Who will Decide when Doctors Dis
agree!---The Jury.
A NEW PHASE OF THE DEFENCE.
Stokes, Senior, en- the Stand.--Par-
tial Hereditary Insanity.
The Case Drawing to a
Close.
A NEW PHASE OF THE DEFENCE.
Stokes, Senior, on the Stand.-.Par-
tial Hereditary Insanity.
The Case Drawing to Il
Close.
SIXTEENTH DAY OF THE TRIAL.

SIXTEENTH DAY OF THE TRIAL.
After the terrific combats OF the day previous
yesterday the sixteenth OF the trial Of Edward s.
Stokes for the killing Of James Fisk, jr, was COM
parative quiet. Aspasa Mansfield and Lois
Williams were not in Court, but the vicinity Of the
seats which they had occupied was filed by large
assemblage of women OF all ages and of all grades
OF homeliness 1t was question at the beginning Of
the trial which no could decide as to what the
purpose of these ladies' was in demanding admis
sion to the Court. But for the past two or three
days there could be no mistake as to the reason.
These ladies, it seems from the remarks that they
make quite audibly when they have seated them
selves and first get look at Stokes simply come
to Court to get long look at prisoner who is con-
sidered to be handsome man. This cQnsidera-
ton. with that portion Of the gentle sex which
has particular household cares, overrules every
other consideration and at stated intervals they are
heard to say, 'Isn't he good loOkingS" 'PoOr fel
lowi' and 'Is that his motherY"
Mr.. Stokes, an uncle Of the prisoner, came into
Court yesterday at recess and as he Is quite good
looking and is reputed to be wealthy millionaire
he was observed very much. Besides the uncle
there was quite levee of the friends Of the pris-
Oner and his family, all OF whom seemed to be peo-
pie Of the better class by their appe arance.
Miss Stokes, dressed nearly In black silk, her
father and mother we're also In Court and sat near
their kinsman. The Court was crowded to excess
and the Judge, who seems worn out by the trial,
had to order almost constant combats at the doors
to be stopped owing 10 the fact that nothing Of
the testimony could be heard during these scenes.
Mr.. Tremain and Mr.. McKeon, with their
associates, Messrs. Townsend and Daley,
were early hand and the first
RI nlo-h bod
Tremain, who rose and in few neat sentences
made an apology to Mr.. Beach, disclaiming any al
uslOns offensive to reflective his old associate
In connection with some strong passages that had
occurred the day previous between the two lawyers.
The first witness called by the defence was ex-
Judge Davies, formerly of the Court Of Ap-
peals, venerable.looking and judicial-looking
parsonage, who testified that he had been
appointed receiver In one of the innu-
merable Erie suits and had gone to the
Erie Railway building, In company with Mr.. D. B.
Eaton, Of sandbag memory. Judge Ingraham
wanted to know what the defence wished to prove.
Mr.. McKeon rose and said that he desired to show
that Judge Davies, when he went there, was
threatened by Fisk, and that number
Of ruGians in the pay Of Fisk would have
used violence against the witness but for the fact
that Judge John X. Porter, Fisk's own counsel,
protested against Fisk's brutality and declared
that he would not act as counsel for Fisk any
longer II Judge Davies was molested. Judge In
graham ruled the testimony out.
The next witness was William L. Drummond.
who testified that he left the Worth House,
in the winters Of 1870 and 1871; and that
the prisoner had called the attention OF
watching and following him While there.
Judge Ingraham desired to know why the questions
that he would prove by the witness that he was
watched and pursued to such an extent that he was
asked to leave the house of the witness.
Judge Ingraham excluded this testimony also.
Then Mr.. McKeon returned TO the charge again,
and called upon the Clerk Of the Court to produce
the swoon afidavit OF Mr.. Amasa J. Sprague, of
Rhode Island, who is the President OF the Board Of
Appeals OF the National Trotting Association. and
owner Of the race grounds known as Narragansett
Park. Mr. McKeon stated to the Judge that his OBJ
ect was to show that Stokes had arranged to go,
and had to be present at Providence in yegard to a
bet, In which $4,000 were involved, on the 9th OF
January
Judge Ingraham was about to exclude this test.
mOny when Mr. Tremain interposed and allowed
that gentleman time to look up his authorities.
lawyer, Mr.. s. B. Eaton, of this city He
wished to show tqaf Mr. and Eatos house
Fisk until the proper time came, when Mr.. Eaton
was attacked and beaten with sand bags until his
life WAS despaired OF, and was unable to move from
his house for three months.
Dr. Tripler and DR.. Fisher were then called, but
were nowhere to be found.
WAS FISK POrsONEDp
The next witness examined was the well-known
surgeon and physician, DR.. John M. Carnochan,
who testified that he had been In practice since
1850 and have held the positions OF State Surgeon
Of New York and Professor OF Surgery to the New
YORK college OF Medicine; have been supGnaed by
the prosecutions was called by a sergeant of police
to attend Fisk on the night OF January from
staten Island; the witness understood that jay
Gould and william N. Tweed had sent for him: he
saw Fisk about ten O'Clock that night and heard his
stertorous or apopectic breathing, aud that it
would take narcotic poison Of some kind such as
morphine OF opium TO account for this sort OF
breathing. Mr.. Townsend examined the witness at
FISH, a% 1s
lutely mortal and that he would not give to a
man In Fisk's then condition more than
two doses OF half grain at time. II will be re-
membered that DR.. Tripler gave Fisk no less than
SIX grains Of morPhia Dr. Garnocha6 moe reflected
DR.. Sayre in his testimony Mr. Fullerton cross.eX-
amined the witness in his turn for long while
with IKE result and to the mcrriment OF all in
DR.. Abraham Jacobi transcendental and pro-
f0undlo0king German physician, was then placed
animation was entirely insufficient to base
annoa any sr'anses ina SRRon but as his
rom his wounds, and Jgat a'' he did not die
rom the SHOCK as far as his judgment went
concerned, There was considerable sparring be-
tween Fullerton and this physician but he seemed
10 know what he was talking about, and denied
that he had received fee from the defence for
Professor Benjamin W. McCresdy, Who 3o'0'hna, hss
been in practice for thirty.slx years, and
ana Tie effect Of drugs than any man man
in New York. IT was this gentleman who has fur
nished considerable OF the medical "cram" for the
defence, and he created q good deal of amusement
by admitting that he had himself framed a number
Of the questions, which were put to him
BY Mr.. Townsend In the witness box. His
nnal answer on the direct question was posi-
EYs that james Fisk came to his death