The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-12-19
The First Juror ( Called Ac-
cepted and. Sworn.
The Assistant District Attor-
ney Rises to Explain.
Judge Boardman on the Liberty
of the Press.
Three Jurors Obtained at
the Ad!iOurnmcnt.

The second trial OF Edward 8. Stokes, indicted
for the murder OF James Fisk Jr at the Grand
Central Hotel in this city, In January last, was
commenced yesterday in the Court OF Oyer and
Terminer, before Judge Boardman, OF the Sixth
Judicial district Of this State Judge Boardman,
1t will be remembered, tried the notorious Ruloff
for murder, the trial resulting in Rulofrs convic-
1ion and subsequent execution for the crime. The
attendance yesterday was notably small, the court
room being not half full This, no doubt was to
some extent due to the stormy weather, and
partly also to the now recognized fact in all muir
der trials that at least two or three days would
be consumed in obtaining jury.
The prisoner, Stokes was brought into Court by
The Sheriff and his deputies, and took his old seat
beside his counsel. He looked considerably aged,
but perhaps stouter in person than he was when
upon his first trial. His hair has become grayer,
and he has lost else did not assume, his former
jaunty air, but seemed depressed and conscious
that he had fearful ordeal to go through.
The terrible tragedy, the shooting and death OF
Fisk, occurred nearly q year ago, and while IL
shocked severely the nerves OF the citizens of New
York, the first impression which 1t created speedily
gave way to the conflict Of the counter sentiments
OF two strong factions-the friends Of Fisk and the
friends Of Stokes This fact lent to the recent trial
. greater tragic interest and filled it with many
dramatic situations and episodes which set 1t apart
as one among the most remarkable and singular
upon record. 1t began on the 10th OF June and
closed on the 18th of July. 1t is not likely that
THE REAcTING OF THE PLAY
will be SO full of sensations although undoubtedly
the suspense Of those who will watch il and are
interested in its denoucment will be most intense.
Since the first jury called to try the prisoner at
present in question for his life, agreed to dis.
agreen over the evidence produced in Court, eight
being for conviction Of the highest offence and
four for lesser one, the spilling OF blood by vio-
lent hands in this city has not in the least degree
being diminished, but, on the contrary, the FIRE.
quent and horrible occurrence Of murders has been
more rapid and startling than perhaps ever before
IN the memory Of those unsated human vultures
who feed upon horrors. Two weeks ago the
educated murderer, Rodgers, whose crime was
committed in fit OF drunken insanity, was
HANGED LIKE A DOG ON THE GALLows
IN the Queens county jail yard Cells in the
Tombs in New York crowded with other male
factors whose crimes, equally bloody and horrible,
were committed In moments when they
would be supposed to have been possessed
OF ordinary GOODNESS and selfpossesson,
and after months and weeks OF incarcera-
ton and delay the movements OF justice in their
regard have not been promising Of very speedy
punishment. 1t is Tor this reason that the second
trial OF Edward S. Stokes, who is admitted to have
killed James Fisk, Jr on the eth of January last,
is looked upon by the public with great and critical
interest.
At halfpast ten O'Clock yesterday morning the
Court opened. Judge Ingraham was on the bench
and disposed Of some smaller cases OF law, and
then gave place to
JUDGE DOUGLAS BoARDMAN,
OF Ithaca, who Is to preside over this trial. There
was the usual excitement, and the spectators
strained eagerly to gaze upon the central figure
young man, in the prime OF his years, awaiting
solemn trial for his life. The prisoner was seated
on the same spot as on his former trial. and was
surrounded by four lawyers and two or three
deputy sherins. His aged father was seated at his
right. and near him was his youngest son, who re-
sembles very much the unfortunate brother.
COUNSEL FOR STOKES.
The counsel on the present occasion for Mr..
Stokes are Messrs. Lyman Tremain John T. Towns
end, John II. James Passus and J. d. Weed
Many individuals OF the audience expressed aloud
their surprise that the well known face and form
OF Mr.. John McKeon was not to be seen beside that
OF his former counsel.
COUNSEL FOR THE PUBLIC.
On the side OF the prosecution, Colonel J. r.
Fellows appeared for the people, assisted by the
same gentlemen who were before associated with
Judge Garvin, Messrs. Fullerton and Beach.
THE PRISONER.
When Colonel Fellows at length moved to pro-
coed to the trial Of the prisoner Stokes ceased to
converse with neighbor, and looked up with very
apparent nervousness in his manner.
THE FIRST JUROR
called from the panel, Mr.. David $. Eggleston, was
accepted with very little hesitation, and imme-
<liately took his seat. The people then uttered
great sight Of relief, If they felt assured at once
shat there would he very few difficulties raised to
render slow and tedious the obtaining OF jury.
But they subsequently became aware OF their mis-
cake and settled down despondently to
endure week OF dullness The privilege OF per.
emtory challenge was subsequently pretty freely
INDUCED in, although the defence began by giving
promise OF great hberality in their examinations
Mr.. Eggeston Is gentleman OF a rather pleasing
presence, with a broad, massive head, OF which
the brow is high and is marked with evident intel.
ligence. His mustache Is dark brown; his eyes
are dark and clears his hair Is OF light brown ;
his chin the shape which, according to Lavater
denotes Grmness, combined with benevolence and
sound judgment. His manner, on being sworn In
as a juror, showed that he felt somewhat deeply
che significance OF the responsibility placed upon
him. The Clerk, with accent or solemnity, said,
'Iuror look upon the prisoner; prisoner, look
upon the juror" Then the oath was admins
tered. Stokes meanwhile glancing from the moor
TO the ceiling and then swiftly but furtvely, at the
newly cmpanelled juror.
THE SECOND JUROR
who was sworn in is Charles o. Lopez, a large,
brosd-shouidered man, who Is about flty-hve
years OF age. He wears q brown wig. carefully adj
Justed. and wbiskers, which are dyed to very
dark hue. Roman nose and O firmly defined
chn with rather low brow, complete the fea-
hires Of his physiognOmy. His eyes have certain
kindly, humorous expression that evidently i'm
pressed Counsellor Tremain quite favorably, and
he was accepted.
THE THIRD JUHoR
Theodore MalaDy, is a litss younger than the sec.