The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-19
Indicted for the Wilful MUIR
der OF James Fisk, Jr.
HE DECLINES TO PLEAD.
His Counsel Ask for Postpone
ment of the Plea.
Wednesday Next Fixed Upon for His
Next Appearance in Court.

u
a carriage drove up at the prisoners entrance to
the Tombs, In Franklin street. Sheriff Brennan.
accompanied by two deputy sherirs quickly en-
tered the building, and was Immediately passed.
into the prisoners waiting room. Shern Brennan
conversed for few moments with the Deputy War
den, and two keepers were despatched to
THE CELL OF EDWARD s. STOKES,
on the second tier OF the male prison. to inform him
that he was to accompany the Sheriff TO the Court
OF Oyer and Termner, to be arralgued on an In
dlctment found against him by the Oyer and Ter
miner Grand Jury. He evidently expected the sum-
mons, for when he received the VS. he had already
made his toilet and was dressed in the identical
clothes which he wore on the day OF the murder.
He was clean shaven, ana had evidently bestowed
some attention on
HIS PERSONAL APPEAEANCE
His mustache and hair were carefully trimmed,
/ anu he wore magnificent diamond ring the
last finger OF his right hand Notwithstanding all
this his confinement and probable dlsquietude OF
mind have lett visible traces. His eyes yesterday
morning had
A WEARY, HAGGARD LOOK
about them while no one could fail to notice his
listess, almost indifferent manner which con-
trasted strongly with his sprightllness when last
he appeared In public, at the inquest In the Court
of Special Sessions. When the keepers informed
him that the Sheriffs were In waiting, he merely
he fired the fatal shot, and when the door OF the
cell was opened, stepped slowly into the corridor.
Even his walk lacked the elasticity that marked n
when the excitement Of the murder was still resh
upon him. he
DID NOT SPEAK WORD
until he reached the waiting room, when he quietly
saluted the Sheriff The latter at once led the way
TO the carriage. which was awaiting In Franklin
street. Stokes followed and the two deputy sher.
t1s hrOuOht nm the rear. There WAS a single
lOaer at the door of the prison when Stokes passed
out. The carriage drove
UP FRANKLIN STREET TO BROADWAY
and turned down town towards the City Hall. LII.
stead OF driving to tic rear entrance OF the County
Court House, the ordinary entrance through which
prisoners are conveyed from the ''Black Maria" to
the Court OF Oyer and Termner, the coach drew up
at the side OF the City Hall Park opposite the
THE sHERIFF'S OFFICE.
The prisoner was first conveyed to the Sherfrs
ONCE, where he was kept In the custody OF the
deputy sheriffs until lew minutes before hat-past
ten, the hour appointed Tor his arrangement. Mean
while Sheriff Brennan informed District Attorney
Garvn that the prisOnsr was In the new Court
House. few lOungers who were
STANDING IN THE vEs-IBULE
Of the new Court House when Stokes was brought
suspected, from the fact Of Sheriff Brennan being
with him, that 1t was Stokes, and made an imme-
date rush TO the Court OF Oyer and Terminer. Tho
that Stokes was 10 be arragned soon got out,
and as soon as the doors OF the Court were thrown
open every seat was occupied. Orders were then
issued that none but Iurymen were to be admitted.
AT hafpast ten O'Clock precisely Judge Ingraham
took his seat on the BENCH and Sheriff Brennan
brought IN his prisoner from the grand jury room.
He was Immediately surrounded by his counsel, In
the midst OF whom he
TOOK A SEAT.
His salutatons were gwen with kind OF effort.
and his counsel evidently remarked that a change
had come over him.
His appearance was eagerly scanned by the
crowds In Court. When the confusion produced
| Garvin, In solemn voice moved Tor the arraIgn.
ment OF Edward $. stokes on the indictment OF
wiilul murder found against him by the Grand
CiERK OF THE CoURr-Edward s. Stokes stand
Fisk, Jr by shooting him with pistol, loaded with
| gunpOwder and leaden bullet. Do you demand
| Stokes merely nodded his head, and at sign
| from his counsel resumed his seat.
Mr.. MCkEON then, rising and addressing the Court,
said-May II please Your Honor, on behalf OF the
| prisoner / rise TO state that two OF my as
occupied for Inc hast three four weeks IN an al
| joining Court and have been consequently unable
dIctment Just read has never been seen by u.s. and
this IS the first 1ntimation we have received That
s ssS o or sncens Time to enable us to examine the
| document and 10 determine upon what course we
examine the Indictment ana we VIII give the Distrc,
| Attorney notice when we are ready 10 answer.
Ser be for me to
at once, and II at any time hereafter the gentlemen
demurrer or by protest or otherWise there viii be
no dlfllculty interposed h far as l am concerned.
as soon as possible. the case Is OF recent occur.
renee, aud the circumstances are all fresh In the
minds 81 ns wop s All mere M
| can be obtained at moments notice. II Is a case
tnat public justice and public interest REQUIRE
| should be put DOWN Tor trial at as early day aS
possible.
trict Attorney to say that another session OF the
| Court would be necessary ON account or the Grand
Jury. the matter might therefore, be adjourned.
| so tnat the counsel for The defendants could eX.
anime as to whether they would plead or demur to
the Indictment. IL seemed reasonable to give such
Mr.. MCKEoS-It is but reasonable, Your Honor,
tnat we should have an opportunity to examine the
District Attorney GABvlN-Whst day, then, does
| Your Honor sayS
! Judge INGRAuAM--That depends on you and the
| Grand jury. had attended to discharge thcm to-
day, but you say they have lurther business sup
pose you say saturday morning A., w.,
| Mr. McNEoN-Ihat Is TOO short tne Your
/ Honor. We Will get ready as soon as poss,oie' sup
'AssocI,rE rouSsEL-T0o soon. Two OF the
counsel Tor the defence are at present engaged ny
~" nisr,rt Attorney G,RvIN said he was not aware
| that any counsel had been engaged Tor the people.
| COUNSEL said lac meant On 'he 4"o ""'a"o case
"J District Attorney GARvIN thought the prisoner
ourht 10 plead at once, That JneY could get Inc
! matter In shape. Monuay next, nc all events, lie
woud suggest was as far as Ills Honor ougni to 60.
the prosecution Is ready and prepared and anxious
60 present the case Tor trial az soon rs possible.
| Ine COURT-Let the case go over TIL Wednesday
! morning next. .
| Mr.. Nc X EoN--Glve us TO this day week. Ny ASSOC
cistes deem even week TOO short pOstponcment.
We are asking put a reasonable time, unuer tue CIR
| cumstances. Our clients lie here Is m danger
District Attorney GAEvIN--I iulnk mySel That II
ia In great danger. but think also tnat TIL Wednes-
| day next Is abundant TIME Tor COUNSEL 10 prepare
Tor trial. VIII, however, aclulcsce IN any order
| the court may make.
| The CoURr-Well. we will saw Wednesday next.
| A pea on That day would not preclude subsequent