The New York herald., 1872-12-22
THE STOKES TRIAL.


James Fisk, Jr., was resumed yesterday in the
Court OF Oyer and Terminer, before Judge Board
man. 1t was the fourth day Of the trial and the
last OF the week. and by fortunate coincidence
the last OF the weary legal farce OF obtaining
jury. As the Court felt 80 1t expressed ITSELF and
Judge Boardman congratulated counsel that at
last twelve good men and true were obtained and
that the trial proper could be entered upon the
first thing ON Monday morning Not the least
cause OF mutual qualification among counsel was
in the fact that COUNSEL one and ALL for the prose-
cution and for the defence, expressed themselves
well pleased with the
PERSONNEL OF THE JURY,
it being conceded and publicly spoken Of that q
more intelligent looking body OF twelve men never
entered jury box to pass upon the guilt or inno-
cence OF prisoner placed in peril OF his life.
Even Stokes seemed pleased that the long agony
OF procrastnation was to that extent at an end
ana that he was no longer to hear the warning
word-"Prisoner, stand up" and to the juror and
the accused, "Prisoner, look on the juror-juror
look on the prisoner; you shall well and truly try
and true deliverance make" &c. At four O'Clock
precisely the twelfth juror was obtained in the per-
son OF william p Mitchell, q job printer, doing
business at 100 Bowery. Mr.. Mitchell is the young
est man on the jury, and though like most all cit
Zens, he had formed an opinion, yet after a search
ing ahd exhaustive examination by either
side, he was accepted as q man without bias or
prejudice. and who could render true verdict
according to the evidence only The strain under
which the crowded audience had been SO long suf
fering during the past four days was rather too
demonstratively exhibited. When the challenges
were withdrawn and the Court said,
"SwEAR THE JUROR
there was general movement and rising from
seats and tnterchanges OF opinion, which, for q
time, interrupted the course Of the closing pro-
ceedings, and the officer OF the Court and his as
sisJants had some trouble In restoring order.
Judge Boardman called counsel up to the bench
and intimated to them what he proposed deciding
upon with regard to proper ca care Of the Jury from
Monday morning. His Honor's remarks met with
prompt concurrence and he thereupon
ADDRESSED THE JURY.
informing them that he would appoint an officer to
be In attendance upon each juror till Monday morn
ing. This would obviate the inconvenience OF their
being kept together, and consequently debarred
OF the pleasure OF home and family during the Sab
bath. The jury were greatly pleased with the kind
cons deratiOn of the Court and alter their olcial
cce, mes were appointed, one to each juror, they
retired to their respective homes. The names Of
the jury are given below.
Proceedings In the Court Yesterday.
At halfpast ten O'Clock Judge Boardman took
his seat the bench. The court room was
crowded, though all who gained admittance were
compelled to run the gauntlet ofthe police and the
doorkeepers The prisoner was brought In by Sheriff
Brennan and the officers specially placed over him
from his departure from the Tombs till his recon-
signment thereto each evening. AS usual his aged
father and youngest brother sat near him during
the day. Counsel on both sides were also in
prompt attendance and the case was at once pro-
ceeded with.
ExAMISATIoN OF JURORS RESUMED.
The first man called was Henry Clay Carson
gold pen maker. His mind was not strongly made
up, though he had read about the case somewhat.
He had talked about the matter since he was
huf mi IA mi rit wa ho, ~
qualifications OF juror; he knew none of those
connected with the case, and knew OF nothing
which would prevent him from sitting impartially
as juror. Nevertheless the triers sustained the
william H. II. Moore, vice president OF marine
insurance company, had not formed any decided
opinion as to the crime OF the prisoner. He knew
Mr.. Stokes, OF the firm OF Phelps Dodge a Co. They
insured with his company He met Mr.. Stokes
often and walked occasionally up and down town
with him. He did not think, however, he had any
such bias a 10 make him unit for juror. The
triers agreed with him, but the prosecution clal-
John :. Mcclure, secretary OF an iron building
company, said the opinion he had formed was such
rs would bias his Judgment In forming verdict.
Robert Allen, provisions. Washington Market,
was excused on account OF knowing stokes and
been sworn put that he volunteered the statement
Henry Holt, book business, 24 Fourth avenue
on stating that he had theory OF the case was
excused
AUGUSTUS BEcKsrEfN THE TENTH JUROR.
At ten minutes to one O'Clock Augustus Beck
stein, provision dealer OF the Twentieth ward
doing business at 100 Hudson street. residence $40
West Thirty second street, was sworn the tenth
Juror.
This juror presented very intelligent appear
great breadth OF forehead, with !
clean shaven face, with the exception OF black
brown mustache trimmed straight downwards;
his lower face short and narrow, his eyes mild, but
with an unusually 0bservant glance In them His
selection seemed TO give general satisfaction to all
most concerned.
usual recess.
AFTER RECESS.
The panel OF jur0rs was exhausted and Mr..
Sparks proceeded to caH fresh panel
FINING JURORS.
Some thirty jurors In the former panel who had
not answered 10 their names when called. were
severaly fined 800 each by the Court for absence.
The additional panel was then called.
Henry N. stephens, carriage maker, No. 115 East
Thirty y-sixth street. stated that he passing by
the Grand Central Hotel at the time OF the occur
repCo: he read about IL In the papers. and. from