The New York herald., 1872-05-24
S 7 Q K e s
special Plea Submitted by Stokes Counsel, tho
Nature Of Which lie Declines to
state to the Court.
elimination and Recrimination
Between Counsel.
Charges Of Ring influence All
Around.
The Case To BE Resume1
This Morning..

Agreeably to adjournment the Court OF Over ana
Terminer Judge Ingraham on the bench, met at
half.past ten O'Clock yesterday morning. to take IN
again the case of Edward S. Stokes, the alleged mnr
derer OF James Fisk, Jr. AS on the previous day the
court room was densely crowded, Stokes who was
present, being the cynosure Of of general OBJ
servation. The proceedings were characterized
by the usual brevity, to get through with argrl-
ment, but of somewhat different type, and, in
fact, rather exciting in character, and for the
time being distracting attention from the pris-
to the lively gadiatorial contest between the
opposing counsel.
By direction OF the Court, the Clerk called upon
the prisoner to arise and plead to the indictment in
the usual form.
AN OPENING BOMBsuELL.
Mr.. McKeon, prisoners counsel Immediately
arose, and addressing the Court, said d:-"May it
please Your Honor l have special plea to offer
which desire to file with the Clerk of the Courtn
Judge Ingraham requested counsel to state the
contents OF the plea.
Mr. McKcon, in response, said that he did not
know why there should be difference between civil
and criminal cases as to what the Court should
know OF pleadings, and he must decline to say what
1t contained.
Judge Ingraham-The Court has right to know
Mr. McKeon-I decline to readit. (sensation.)
Judge lngraham-iou can do as you please about
reading It, Increased sensaton.)
District Attorney Garvin, entering the lists,
said May 1t please the Court, counsel In this case,
ture of the plea to which he has Just referred,
though requested by the Court to do so, calmly
folds his arms and promptly declines to do So On
the other hand. whenever counsel for the people
proposes to say anything, he Immediately inter-
poses. He mr. McKeon) had in the earlier stages
OF the case five other counsel to aid him. hut these
had got tired out and had left the case. This
most peculiar case and the murder most strange
one to begin with.
Mr.. McKeon dumping up excitedly)--Tr the gen.
tleman wishes to try the case in the newspapers l
am prepared to meet HIM.
District Attorney Garvin, not needing the inter-
ruption, continued. Motions had been made to
quash the Indictment, which were denied and
those were demurred to, and the trial OF the issue
raised in the seventh lasted twelve days. Every
thing had been done for delay, ana now when the
prisoner is asked to plead another special plea is
offered. He did not object to such a proceeding,
but did think it most strange that counsel should
refuse to state what 1T contained He must say
that by pursuing this extraordinary course coun-
sci is trifiing with the life of his client When
man like the prisoner comes into Court with his
HANDS STAINED WITH BLOOD TO THE VERY SHOUL-
DERs,
he should try to place himself honestly before the
Court. Why does he not let his case be investi-
gated in the proper way If he Ia not guilty let
Rim say so viii regard to this new action for de.
lay it would be impossible to say what action should
be taken plea like this until its contents were
known, and the Court could see how bulky docu-
course the gentleman was taking He, too, had
been public onlcer, who honorably filed the office
now hold.
THE LEGAL TILT GROWS SERIOUS.
Mr.. McKeon very excited and talking very
rapidly said he did not allow any, man to talk TO
him IN such sort of way-to charge him with
trining with the life OF his client. He allowed no
man to dictate to him his duty The words spoken
were words of insolence ana more especially coming
from such would he resent It, 1t did not come
well rom one who was the tool OF the Ring, and
who caused an Indictment to be found against
defraud Mr.. Fisk and never dared bring the to
trial. lie, the tool Of other men, talking of his
yyif hn Tn nf htS sIinnf nln Qnh-
mitted was prepared by other counsel. He took no
credit for its preparation He had put In because he
placed on file and no power except the power OF
the Court had the right to take 1t from nle He had
and a it had been denied him The District Attorney
could read 1t, and then put In demurrer on Issue.
He would then be ready to go on. He would not
allow any one to talk to him about trining
with the life of his client. He had been too long
in the courts not to know his duty. lie
had good defence. lie was no hireling Again he
would tell the District Attorney that he would not
allow him to charge him with triiling with the life
make
A PERSONAL MATTER OF TT
he was at liberty to do so. profound sensaton.)
Judge Tngraham-As to the paper submitted
District Attorney Garvn--Beiore the Court
Judge lngraham-There has been too much per-
must stop. II the document Is plea in abatement
1t is not enough.
Mr.. McKeon-It is not such plea.
Judge lngraham explained why he asked Mr..
McKeOn what the nature of his plea was saying If
1t was plea i'm abatement 1t should not be flied; IL
a plea of confession and avoidance, H. was proper
plea. lie added that in his long experience this
was the first time when counsel refused to state the
substance of plea.
Mr.. McKeon said 1t was a plea In bar, and he
he had right to put it in.
Judge lngraham said he had right to do so.
District Attorney Garvin, who had been anxiOusly
waiting an opportunity TO put in rejoinder to
haa ms p Sna tSe TO-
fendant of the Ring, make charges against the
Ring, while he himself carries the money In his
pocket for their defencer "a loud stamping of
feet greeted these opening words of the District
Judge Ingraham put a speedy estoppel on the
speech and the stamping. lie told the officers OF
the Court to scatter themselves about the room and
i any was found stamping or applaudlng to arrest
him at once and bring him before him.
Mr.. McKeon remarked that the demonstrations
were all on one side.
District Attorney Garvin now took the document
In dispute and said 1t was lengthy and required cx-
After some further talk, but in subdued and
business like tone, it was decided to give the Dis
trict Attorney till this morning to examine the docu-
ment, and the Court adjourned TO this morning.
stokes Special Plea.
The points of Stokes special plea can be briefly
1t sets forth In the first place that the
indictment was found by a Grand Jury at certain
term. The second point is that Stokes pleaded
seventh plea in which he averred that the indict-
ment was found by Grand Jury not properly and
legally constituted A third point Is that reply to
this plea was submitted behalf OF the people and
that Jury was empanelled to try the issue. The
plea next AYERS certain facts involving contra
rety, and requiring the verdict OF tne Jury upon tne
same The Court refused, II Is further stated, to
let the jury pass upon the facts; and the facts,
therefore, were taken fom the jury. II is also
stated that there was no demurrer to any OF the
evidence and that there still remain questions OF
facts undetermined by jury and that all these
proceedings are to the great prejudice and damage
OF the defendant.
n .m.1 ,1oor7ro on vIrpu.u T