New-York tribune., 1872-02-15
THE COURTS.
THE STOKES CASE.
u,rurApy sKIR.usHING-THE LAWS DELAY
Inn-n. TIL

80 trial was as devoid OF exciting incidents as tne
.,o rrcyious days had been. The oyer ana perimncr
room was much comfortable than on the pre-
.dpr DAYS and much less confusion ana hoise pre-
oS for the II jurors being obtained. tho extra GOO
ohsent from the room, and although the seats were
ud ,he aisles were open Outside the door, however
an. same curious groups crowded about the entrance
,nlv seeking on every Imaginable pretcXt 10 soften
tNo heart OF the obduSate doorkeepT'
p,tle after half past 10 Stokes came IN win the
eg and posse OF policemen, creating the usual SUI
- ,.sositv and went through the accustomed hand
-, with his counsel, all Of whom were in their
80 excert MI Graham who kept the Court warning
80, nearly IL o'clock, when the tedious ana unmteles
a., hreiness OF the day began with motion on i li'
1,d,e NeKeon that the Court direct verdict Tor
,Ae defendant on the ground that the repneaoh VI INC
r,s,re Attorney 10 the seventh plea admits the ate
- parts OF the plea; that i does not sufficiently trlV
- the avcrmonts IN the plea as TO the irregularlty III
an, selection Of the Grand Jury; and thatth rephcauoh
nod in form and IN substance The granting OF thls
ill only be q postQOnement Of the trial COunse reau
,ss averments Of irregularities In the list OF Grahd
Irs and charged that the Grand jury were selected
en- tho prepared list and not from the box On tIls
,-rorrd the prisoner rrays that the Indictment be
sbed That replication admitted ell the facts IN the
sventh pea and took issue only as 10 Jaw, alleging Vl
the Grand Jurors qualified TO serve.
ni.r,ct Attorney Garvin replied thatrthe. objection
,oId have been taken by demurrer, and was now too
lasc
h c-opd Jury were not legally drawn that they were
-, m n rrop,r character and qualifications that the
a., s not signed by the proper officers, and so on In
~ sreb pesaiive pleadings the prosecution has 10
- br An Affirmative or in the words OF stephens on
nieadar il opposed to the negative alle ga'oA' ti'
tbySversc will OF course. he in the a1frnatlve. 49,,
Judce Crdozo tholght they had Otttet pu. IN ~ .i ,
denee he would ouect verdict aecoEhg u HS '4'"s
Nr' McKsou-Tlere is substantial reason AZ The hot
ton for tie DstrictAttorney not Affirming In ms TePn
eou that every thing required by law III tne cIS "a
iiou OF the Grand Jury has been compiled wiz; b 70
sorid flan have urove H.. But he has eVGGed the
moi With crcat saClcity II was his duty TO Sc t,
piled ae he does he must now take the consequence "a
eyadng the law. ,,..,,.u4 e-s. TIM.
t he dane nv the Court and jury; and, second Dy INC
Cnnrt without the intery yenti0n OF the jury.
Both motions denied. Exceptions Nele ''hoH ahN per
'''O MR. oERRr's OPENING.
Br Gerrv te, opened the the Jury on behalf OF
,be rrsor The issue he said ofs1bsiance not
,f mere techucalty The time had not vet come when
,aan could be srng up lampot to crafty the pes
sion Of mob for blood The lew gave certain safeguards
10 an accused man, aud among them the right to pre-
sentiment ~ Grand jury Mr Gerry thon ran back some
hundreds O., years and lightly AMI rapidly sketched the
history ofthe Grand Jury system from its inception 20 the
nc.ent time Gedncug therelrom tAe proof that il had
been the custom and was necessity TO select men Or
Dt fb 9y All t rlicL was "a much FOR the pfGecton
of the innocent for the punishment OF the guilty Tue
6Le had twice passed speeia acts tOr tho selection or
tn Grand Jurors In ibis city-tae largest city in this
co lnry and stin ircreasiDg-so that no know
personally ali the county ted for this Oice SO board
or created, chosen Of meu peculiarly httedfor
the dutythe Chief Justices Of the three civil courts
before whom any man unit 10 act is likely To come ahc
who likely to know the character NJ men; the two
presiding officers Of General Sessions, before whom tue
great bulk Of criminals come, and, las ~ the Mayer
who by mis- wide official acquaintance has peculiar Iacl
nics for knowing who fitted for tie position. They had
complained OF the Board itself But IN September OF
Jury list at least CO.. names for the Grand Jury list II
they went outside Ot mat they violated law. A man
Let 81 to be Petit Juror was not Ut 10 e Grana juror
A Grand Juror must not be 50 uniltelNgent that he
sound mind, Tree ron tga eAeeluon' ana must owl
properly 10 sdCb amOunt that be may n0 be exposed
dents and citizens Of the county interested IN rs welfare
Every Grand juror must have eaeh 81 IN t55e & qI'u qI t
81 il, and there was reason FOR II. Each sigma
TN wa an iudorscIuent Of me men Oh The LIST
and the law requires six ndorsements, not one IDe
law requires that the list be Lot mace Out Dy one 4A
StAe power which one having 'l,atl "UHu % i M -
10 place on It names trienciJ TO himself suDSeNIohl 20
6 ~. tver Ter 10 exist the tue Grand Jury
H. - vl,ned out the better But II the law were 70 he
,y one man be could cOntIo hc whole criminal
urocednre to sheld himself and attack his eneulle,
maze out from the list the baOts, and place then IL tDc
boz from which the Grand Jury Is 10 be drawn. Nov,
made mn nom two lists one the Petit Jury list and
a. -, l,,crsons desiring 70 serve OF the Grand jury
Tas lis. shows that men exempt from jury duty were
placed il. anxious to be on the Grand jury ana
tlis list was sicHcd by only the ChttJUeice Of Tie
s1n4rior Court IL should have the right 90 argue
thai Others did uOt sISu because e0nseenuousY 1ey
But. IL might be s9d what injury had been done to
the prisoners He would show them. or the Grand
Jurynen impaneied the 1870 ot DecSnoer las ana
sworD II were Objectionable. a Grand Jury cannot ex
coed 23 and the concr nee ot y vas necessary 10 dc
ton II December last Mr Fisk. 1r came before that
Grand Jury 10 prefer complaint against TIE prisoner
and produced before them previous counsel OF hr.
Stokes, a man who had been in State Prison FOR per
jury woman of doubtful reputation, ana an English
convict. and backed tbs evidence by his own
Rnt M stokes was excluded from the Grand
Jury and these charges. pressed In this way poisoned
minds of the Grand jury, and he uloer O ITJGoe
spread aud spread uu Hneil ms CceuII nc hHppesu'
crime might be- frejWlCed as they wele nOwithstand
ny the urst Jury Oi Coroner I3lied 10 nnd any
felonious intent, they hurried 10 indct MI stokes oi
her before the CoI0ner's jury The COrOneTs jury,
composed Ill 10 III on Grand jury III the very
over their verdict thrte hours and mad they been on the
Grand jury would similarly have hesated over ths m
d inent. On tnai jury re eucu HcA ds IeV Opuyhe'
Henry Clcws, ana David Dcvs -
But the poison went further Not only did this Grend
Jury ncct hun for murder hut for conspiracy fof writ
ieUttr when - not ret out III Tue ihd1ct
ment, as should be Bcdl Ia mind tnat MI STOKES si@
snug Nj Fi5k. aud doubt the pdfpOse Of Mr. FIX
10 use TINS indictment as bugbear TO deter 4lr
Stokes non prosecuting his claims The second count
for the proceedings before Judge BiXby 10 ne
Jurors unlno"u." Thy had taken Ar Eisks statement
Nj gerry aier some further argument, elosed and.
netmg L. O'clock, tie Court tooA Iece@s oi na an
HOW raE GRASp JURY DH.wN.
After recess the fr.t witness called WAS Henry A.
Sumbedou, Deputy County Clerk He testified that he
had charge OF the papers in connection with the seec
noD OF Grand and Petit Jurors IN his Office had been IN
til Office seven years and been in his present position
two years: he produced the list of Grand Jurors for
The City and County OF New-YOrk summoned sepi.
:, 1871, snd stated that no change 1ad since
o. Douglas TAYLOR Commissioner Of JuroTs there
other list nle in the County Clerks Office 80
lar as be knew the number OF Jurors sunoned on ta'
st CO.. be had examined the list to see II II con
tsned the nanbeT now, though ne Would ptOnaoS
dOuDt II only lls Ae produced also BOOK Ol tAe
S%ng q The nlnutes OF the GIsnn Julvro % sS