Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1872-02-05
what HIS Counsel VIII Claim-A
singular History about q strange
Builef-Did Fisk shoot Himself

"Burleigh," the New York CORE
spondent of the Boston journal, gives
the following outline of Stokes proba-
BILE defence:
Stokes has been arraigned on an in
dictment found by the grand jury, but
he has not yet pleaded Everything is
in muddle in New York, so we have
two grand juries. 1t is the common
opinion of the bar that one of these
bodies is illegal. AS Mr.. Stokes coun-
sel have not decided whether to plead to
the indictment or demur, it is quite
probable that another indictment will
probably be found after one of the grand
iuries shall have been discharged. There
are some interesting if not startling po-
sitions taken for the defence. The one
is that Colonel Fisk was not only armed,
but that the wound in his body was in
ficted by himself-inhicted a la Val
landigham, in attempting to draw his
pistol from his pocket. That two
pistols were used is very clear
from the fact that two bullets were
found-one in Fisk's body and one on
the marble pavement, the one bullet
fitting the pistol found and the other not;
the bullet on the floor, which produced
the wound in the arm, not fitting any
pistol vet produced. The theory is that
Fisk, coming in at the door and seeing
Stokes on the stairs, attempted to draw
his pistol when it accidentally dis
charged at the same moment when he
received Stokes bullet in the arm. The
parties who removed the outside cloth.
ing of the colonel are yet to be produced
in court. The woman who handed the
pistol to the officer is yet to tell how II
came into her hands, with other inte'
resting testimony to show that Stokes
did not fire on an unarmed man. But
two persons witnessed the shooting
These were two hall boys of the Central
hotel, who we're either so frightend that
they did not know what was going on OF
deliberately perjured themselves, as they
fatty contradicted each other and their
own testimony on the stand. In the
nroper time and before the proper tri-
bnnal the action of the coroners jury
will be tested. Above all the proceedings
of the Jury in consultation will beinvesti.
gated. One man on the jury was not sum.
moned, He came unsolicited. He said
that he was on the Mathews inquest,
understood such matters, and wanted to
20 on the jury; so he sat at the inquest,
He was found to be special enemy oi
Stokes, and pledged to look after the in
terests of Colonel Fisk. On entering
the room for consultation, the jury were
presented with verdict, drawn ont in
the strong form of an indictment, in
which the shooting was set forth as
"killing with malice aforethoaght, and
other well-known phrases of an indict-
ment On this verdict the jury were
divided, six and six The gentleman re-
ferred 10, acting as counsel, insisted
upon the adoption of the verdict with its
strong phrases as the only thing that
would satisfy an indignant public;
Others contended that the object pi
the inquest was not to try Stokes, not to
anticipate kis defense, but simply to
ascertain how Fisk came to his death;
The debate lasted over thras hours, and
ended in compromise by Which the
word " deliberate was added to the
.,;mple phrassology of the verdict.