The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-25
S ] Q K E S.
That Other Especial" Plea Quashed
by the Court.
Mr.. Mckeon on a High
Horse" Again.
The Prisoner, by Sanction Of Counsel,
Declines to Plead.
A Commission to Go to London
and Paris.
GREAT EXCITEMENT In COURT.


pactly filed by another throng anxious and strug-
Cling to get places inside to witness the proceed
ings in the Stokes Many, OF course, were
there from curiosity, not having yet seen the al
legged murderer of James Fisk, Jr., and being some
what anxious to crafty their curiosity. Large
numbers came however, doubtless with appettes
Sharply whetted after the very extraordi-
nary proceedings OF the day previous, and
expecting to witness the re-enactmcnt OF
scene perhaps even more cxtraorlin-
airy and exciting. Curiosity in this regard might
have been gratlGed had not the Judge, at the very
outset OF spirit OF ebulitous feeling showing itself
between the opposing counsel, npped It in the bud
However, one thing was accomplished. Some pro-
gress was made in the case, which cannot DC said
of any of the previous proceedings.
ARRIVAL OF STOKES.
AT half-past ten O'Clock Sheriff Brennan ana two
OF his deputies into the court room, followed
by Stokes. Mr. McKeon, the latter's counsel,
brought up the rear. Stokes seemed far less ner
vous than on the previous day, and took his seat
with the calm indifference marking his conduct In
the early stages Of his arragnment IN the Court
OPENING PROCEEDINGS
Directly succeeding the arrival of Stokes Judge
hgraham took his place on the bench He Mt once
announced his readiness to 90 ON with the case II
the gentlemen were ready.
THE DISTRICT ATTORNEY ON THE SPECIAL PLEADING.
District Attorney Garvin promptly rose to his
feet and entered upon expression OF his views In
regard to the special plea submitted on behalf OF
the prisoner mt the previous session OF the Court.
He stated that since the adjournment OF tho Court
he had had the opportunity to read this document
All he had to say in regard to 1t was that after
careful examination, he had come to the conclusion
that 1t did not contain any of the elements OF
plea. One thing was clear, that 1t was not what 1t
was labelled on the outsidc-"a special plea in
bar" If In any thing it partoOk OF the nature OF
plea 1t was plea coming under the denomination
A DIIAroRY PLEA
and as such must be made plea In abatement In
order that His Honor might understand what sort
OF plea u was 1t would he necessary to explain The
nature OF its contents.
Mr.. McKcon wished TO know If the District At
torney Was dcmurring to the plea.
Mr.. Garvln said that II the counsel would have the
courtesy TO hear him he would soon learn the
course he Intended to pursue. He would first give
n history OF the proceedings In the case when Ills
Honor was not present.
Mr.. McKeon objected to this, and insisted that
| the District Attorney conlne himself to the paper
before the Court.
The District Attorney proceeded to review the
lished In the HERALD. His strongest point was that
all the preliminary questions had been decided,
| and that to accept this plea would be to 90 over
THE SAME GROUND AGAIN.
The law was plain, and he insisted that were
to trial. There was nothing in it that could be
set up as plea. The previous proceedings, Occu-
pyng twelve days had settled the preliminary
remedy must be by certiorari writ of error by
implication In the lnal record. All the questions
had been disposed of-whether rlghtfully wrong
fully IL mattered not. That stage was passed. and
It could moi be gone over again. They had taken
their exceptions, and upon those they must stand
or fall for evil or good He moved to strike out the
plea, on the ground that there was nothing in it
upon which the Court had the power to act.
Judge Ingraham wished to know about the aver
ment in the afildavit that there was no verdict Of
the jury upon the question or facts.
Mr. McKeon explained the entry on the record,
and said that the anidavts ofJndge Cardozo and Of
counsel for prisoner could be obtained, showing
agreement between the District ATTORNEY
prisoners counsel as To the phraseOOgy OF the
dict lie insisted that there had been no verdict by
jury He then enlarged upon the degree OF public
excitement surrounding the present case and how
difficult it was to obtain fair trial II the District
Attorney wished to
HANG STOKES BY rRIcKERY
he would hear from him agaln
Judge Ingraham said this kind OF personality
would not do, and while lie was on the bench he
would not allow IL.
record and the bill Of exception which ended by
the Judge deciding that the plea must be Overrulcd
This important matter decided, Mr.. Garvin moved
ARRANGEMENT or THE PRISONER
Mr.. Sparks, Clerk OF the Court called ont the
name OF Edward y Stokes. and asked him to arise,
which the latter did He began, "You, Edward
S. Stokes''---
Mr.. McKeon-The prisoner remains mute.
Judge Ingrabam-Under the statute the Court
directs that plea OF not guilty be entered by the
Clerk
The Clerk then called upon the prisoner to rise
again Which Ie1u 50 being complied with, he read
TO him the indictment. Stokes betrayed very little
uneasiness during the reading fit.
On the conclusion OF the reading OF the indct-
ment the Clerk asked the prisoncr:-"Do you de-
mand trial on the indictment ~
Mr.. Mckeon hastily arose, and, putting his hand
on his client, told him TO take his seat.
The Court-What IL the repIy3
Mr.. McKeon-Aiy client is mute, and l refuse to
answer at all.
The Court-what do you propose doing9
Mr.. Mckeon-l decline to answer Mt present, but
1t is not out OF disrcspect to the Court, but that
desire to secure certain rights
District Attorney Garyin--Ii the gentleman has
any suggestion to make az to the time OF trial
will be happy 10 accommodate him In any way |
can
MoTioS 10 ORDER A COMMISSION.
Mr.. MCkeon then proceeded TO read an AFFIDAVIT
on which he based 4 motion for the appointment OF
u commission TO go TO Europe 20 take testimony
there OF vital importance to his client. The affidavit
briefly set forth that j.. d. Eaton, now in London,
and Marcus Cicero Stanley, now In Paris were
material witnesses for the defence. Counsel required
thirty days for this commission to go TO Europe and
return. He perhaps might have moved for post
ponemcnt OF the trial till the fan, on an aindayit
that Mr.. Eaton. who Is most important witness,
IS expected nome in August but AZ there was some
doubt as TO this he preferred the shorter pos,pons
ment asked 10 enable the commission TO take the
necessary testimony. 49,, ., 49,
commission but nc denied that no order OF stay oi
proceedings should issue on IT, a peiic"v n INV
that Mr. Eaton has been long time out OF inc
country but as 20 the other petson
knew nothing about hs going or coming, or what
he know. about this case. He was READY 70 proceed
with the trial and hoped an early day would De nxed
for il; but he At The same time anxious 70 give
his learned adversary lot tie oeence al proper anu
reasonable time 10 prepare. 80, .s,~. ,e
rho Court-Counsel has suggested thirty days for
tho work OF the commission. Have you tMr. Car
vim any objection TO tnatY
District Attorney GGryn-I have not been fur
nished with the interr0gatofics.
Mr. McKeon-l Will prepare them at once and let
you have q copy of them
The Court-iou may take an order for the COM
mission. but there can be no stay OF proceedings In
the meantime.
Mr.. McKeon-Tt would be useless to grant the
order for the commission and refuse stay OF pro-
ceedlDgs.
The Court-Not at all: IL is very usual TO issue
a commission without stay Of proceedings.
Mr.. Mckeon-A stay OF proceedings was granted
In the Mcfarland case.
The Court-Many things were done In that case
which we don't propose TO follow here.
The case was then ordered to stand over to the
third Monday In June next.
After a briei conversation between Stokes and
his counsel, which gave time 10 Sheriff Brennan
TO take his place near his prisoner. with the depu-
Nna ar0llnd Stokes remnVad and nnOtlnr