The New York herald., 1872-07-07
Another Mysterious Lady in thu
Where is Shel
Ill Evidence ON the Race Bel
Theory Excluded.
Counsel for Defence Gets Up a
Little Scene.
FOURTEENTH DAY OF TIE TRIAL

Tho probability is that the trial OF Ed
ward g. Stokes, for the killing of James Fisk,
yin be ended this coming week. The fact that
the defence mad begun to work at last made
two or three hundred persons all Of the mas
s1Ane gender, line the hallways and corridors Of
the new Court House. a building which has cost 30
xauch money
The testimony yesterday was Of most astonish.
ing nature. The question Is now at this stage OF
the trial. 'Did Stokes kill Fisk with malice pre-
Pens,, did he do 1t in heat and with no thought
Of rr paration or intent to murder him ~ Every
ether consideration ia lost when this question Is
asked. The majority of the spectators are puzzled
about the evidence. This Is without parallel In
the history Of American criminal jurisprudence.
The lawyers who are generally supposed to be
hcartless and without feeling on ordinary occa-
usOns, are in this trial on their mettle. The day
seems very long to those who not specially in
terested and Mr. Justice Ingraham is worn out
His health is not good, and there is now q poss-
1flity OF q vacation for the eminent magistrate.
Miss Stokes was In Court yesterday Stokes wore
She same gray coat and looked as he has always
Aene during the trial. cool but very attentive to
every word OF evidence
A carriage driver named Moore was the first wit
ness to testify. He saw Fisk getting out OF his car
stage at four O'Clock on the memorable day of the
shooting, and Fisk's carriage was five Or six feet
outside OF the coach which Moore drove. The
boy Redmond came cut, looking wild and
scared and crying that Fisk was shot. Redmond
went back into the hotel by the main entrance ald
che witness was told by man that he should not
70 back to the hotel or he would be shot. The
Aan, he believed, was named Curtis, who has tes-
eAAed for the prosecution. Moore went in, how
ever, and reached Fisk, who said to him, HE was
TOO quick for me this time" Moore said
- Fisk, "Are you hurt, old man ~
and then the witness helped Fisk up stairs, taking
him by the arms There was evidently great
namber Of persons in the vicinity Of Mr.. Fisk when
Ne was shot. Flsk's c0aChman, a cOlored man,
nAlled the witness TO him, and he got up on the
wheel OF FisA's tarriage. The question was then
asked Of Moore, amid bieathless silence.
what Fisk's cta hman said to him. and
he replied, the coachm n talking Il wonder the
~ man did not pull him, for he fixed for
him." Moore also swOre that Fisk's coachman told
him that he had carried two pistols for some time
before The witness asked the boy Hart If he
had seen Redmond who swears that he was pres
Ont ct the shooting and Hart answered that he had
not seen him.
The witness saw the man Curtis and the parlor
man Henry In the hotel; Moore pushed Fisk from
behind when he was helping him up stairs.
Mr.. George Barley, a varnsh manufacturer, was
sworn. He knew Stokes for the last ten years, and
was with him at Broadway, corner or Amity
street; he got out OF a stage to speak to Stokes
who was on the upper corner. He got out and
asked Stokes to 90 down Broadway with him and
buy seats for the "Black Crook" which was being
played at Niblo's He was about to state what
Stokes said to him at the time, which after four
o'clock when the District Attorney objected
There was a good deal Of discussion at this time
between the counsel for Stokes and Mr.. Garvn.
Mr.. McKeon wanted to show that the prisoner
saw lady In window of the hotel, and that he said
TO the witness, George, there's lady know met
her at Saratoga; come over with me )" and that he
puled him by the lapel Of his coat to induce him
- enter the hotel. Then there was another row
between McKeon and Garvin, and the authorities
were quoted in manner that would frlghten any
one but lawyer. Tremain spoke Of the res gestte
which is badly defined by Webster as exploits"
and the sKirmish lasted for half an hour. When
ne firing ceased, the witness, who had gotten
hts breath, said that he saw q lady at the
hotel and that he looked to the window in
consequence OF her remarks OF Stokes
Stokes pulled the lapel Of Barley's overcoat to
bring him over, and he walked across the street In
the direction OF the Grand Central, and walked
amid the horses. Mr. Barley testified that he was
ct the station house shortly after and saw the boy
Redmond who was very much excited, and who
stated to him that he did not know what had hap
pened, and was turning his hat around in o wild
manner.
A man named John Gibney testified that he was
superintendent OF carriages at the Astor House ano
Was at the Grand Central Hotel on the 0tn or
January; he saw Redmond run out OF the hotel
crying out that Fisk was shot; Stokes with
two or three porters around him Powers came to
Him ana said, In relation TO Stokes, What business
has he got here Y'
the next witness was Mr.. John l.. Doty to whom
STOKES sent despatch on the afternoon OF the
shooting. He resides at EatOnt0wn, N. j., and this
mans mans testimony, II admitted, would probably
the general evidence given yesterday wa,
destructive TO the theory OF the prosecu-
non; SINGLE Ihere ie,, Of Is not now at this stage
sneditated murder the 9th of January. The
prosecution has blundeIed most feariuy, and can
never In this trial retrieve Themselves. Their
witnesses have failed the crosse xamination and
the admission of Mr. McKeon that stokes killed
n,st sk seems I'm, after all 10 be the strongest proof
The head waiter at the Grand Central Hotel. a
man named Rotbwell, was the best witness du,ing
che day. His testimony was In regard TO the and
mg OF the pistol In the paror There Is some, thing
very strange about this pistol. 1t Is hardly pro.
bable that man lives who, in the terrible treinor
which follows the murder OF a human being
could possibly have the cOolness to go into parlor
and jam In the weapon with which he committed
the deed into the interstices OF a sofa Rothweu
swore positively that the man Crockett was search
m An Henry helped him. II was now one o'clock
and Mr.. Tremain rose like a big mountain and
Mr.. Tremain said that number Of witnesses who
mad been summoned were not In court, and he de-
sired an adjournment for that reason.
Mr Justice Ingraham very reluctantly granted
Inc request or the counsel and as the court was
oelng adjourned a scene occurred which Ia like
many others that this great trial is fruitful OF
dramatic episodes.
MI Mckeon, who has eye like hawk. saw O
n an ,, haen % 'onn ~ Conner, who, It seems, held At
one LIME the position OF secretary to the Erie Rail-
way Company, sitting close by the Judges seat on
Ine steps ol the judicial bench. 10 use the words
OF Bret Harte, the pugnacious McKeon swent for
that beatben Chnee thar and then.r
.oc Mr nso McSeon saw this man. who is employed by
nesses Ior the defence, and the little man opened
on the volunteer at once. McKeOD--"It is a scan.
dal ana Disgrace to any court Of justice that that
Fellow should sit there taking notes. What does he
mean and what Ia he doing In that paceYv
"Mhat ~ your nameW thundered McKeon
s.Wn you give us your name 7" The man stated
that MS name was John II. Conner and that ne had