Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-07-16
The Stokes Case.
Disagreement and discharge of the Bur,

NEW YORK, July 15-The Stokes jury ut two
O'Clock this morning reti' ed to rest. 1t is re-
ported that they stand nine for murder, one for
mansaughter and two for acquitta There are
no hopes of agreement.
IATER.-Ihere is an immense cOncOurse of
people in and around the court this morning
awaiting the appearance of the jury in the
Stokes case. The prisoner entered first i'll
charge of the sheriff, and the jury came into
court soon after Judge lugraham asked the
jury If they had agreed upon a Yerdict2 The
foreman replied they had not. The Judge then
discharged the jury, and ordered that Stokes be
remanded to jail without bail.
The jury stood-Eght for murder in the first
degree to four for manslaughter in the third
degree.
PRESS COMMENT UPON THE RESULT.
The Express calls it a farce--a contempt for
common sense. Hereafter, it says, murder is
no crime, but a little trial; a disagreement Mt
FIRST and finally an acquttal
The Commercial blames the law which allows
no intermediate verdict between murder in the
first degree, and mansaughter in the third
degree
The Post says: We are nearing-if we have not
already reached-that point where the taking of
life is not TO be considered murder except in the
case of vulgar burglars who have trespassed
upon the rights of property and sacrificed life to
reach it.
The following particulars of the proceedings
Of the jury are given: On Saturday evening
when they first retired to deliberate. a ballot
was taken which resulted in seven for murder
in the first degree three for acquittal, and two
for manslaughter in the third degree The
names of the seven for murder are Never HON.
burger, Bennett Williams, Nehemiah NJ Cor
nSh, Byron Stone, John L. F. Bond, Peter T.
Hopkins aud NJ. A. LetfettS The Jurors for ac-
quittal were Roderick Hogan, NJ II. Thompson
and John Tucker; and the two for manslaugh-
tel in the third degree were Theodore Flamme
and Henry G. White. This state of affairs
remained until the jury came into court and got
Col Fisk's clothes The clothes were all tried
on one of the jurors, aud they arrived at the
conclusion that Fisk had both his arms
developed in the military cape at the
time Stokes AIRED, and consequently that
the theory of Fisk drawing pistol was a
humbug. This influenced the three for ac-
quittal to veer round for manSlaughter
in the third degree. The medical testimony
was thrown out altogether, all believing the
wound mortal from the first and the question
of insanity was barely referred to. There was
long discussion as to generalization; all the
jurors were of opinion that Stokes never went TO
the Grand Central hotel with the premedtated
design of meeting and killing Fisk The seven
jurors who were for murder believe that when
Stokes met BiSk, in a moment he formed in his
mind the design of killing Fisk, and that this
second was sufficient time for premeditation
The five Jurors Stoutly maintained that Stokes
PuIleu d plSlol III tue neat OF passion, being
stirred to frenzy by the sight of Fisk, and that
his crime was only manslaughter in the third
degree.
The debate on this point became quite excit-
ed, and some harsh words were used on both
sides. Time and again poll was taken, but
all TO no purpose. Firm to their opinions they
all remained, and at last fell asleep, but woke
up IN precisely the same state OF mind. Finally,
they gave up the dispute seeing there was no
hope of altering their opinions. 1t is the opin-
ion of several jurors that if they were allowed TO
bring in verdict of murder in the second de-
gree or manslaughter in one of its higher de-
grees, they would have arrived at verdict, but
this was not allowed them, as the Judge charged
that they should either find Il verdict of murder
in the first degree, manslaughter i'll the third
degree, or acquittal. An application for bail
will be made in a few days.