Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-07-16
- STOKES, 80
The Jury Discharged Without a Verdict
Opinions Of the New York Press
History Of the Jury's
Deliberations.


NEW YORK, July 15.-The Stokes jury
did not retire TO rest until this morning.
One report is they stand nine for muir
der, one for manslaughter, and two for
acquittal. Another report Is that eight
are for acquittah two for manslaughter,
and two for murder in the first degree.
No hopes are entertained Of an agree
ment.
A later telegram says that an immense
cOncourse was ut the courthouse this
morning awaiting the jury in the Stokes
ease. The prisoner and his counsel
( looked rather cheerful. When the jury
entered the foreman announced that
| they could come to no agreement what
ever, and the Judge thereupon dis
charged them. Stokes was taken back
to the Tombs.
Among the reports as to the Stokes
| Jury Is one claiming seven for murder in
the first degree, four for manslaughter
in the third degree, and one for acquittal.
A motion is to be made to-day to have
Stokes .bailed.
The press comment as follows on the
result in Stokes's case: The Erpress
calls il farce; o contempt for common
sense. Hereafter, it says, murder is no
crime, but little trial, a disagreement
at once, and finally an acquittal. The
Commercial blames the law which al
lows no intermediate verdict between
murder in the first degree and man.
slaughter 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 a
murder, except in case of vulgar burg
lars who have trespassed on the rights
q
The following particulars of the pro-
ceedings of the jury are given: On
Saturday evening when, they first re-
tired to deliberate, ballot was TAKEN !
which resulted in seven for murder in |
the first degree, three for acquittal, and
two for maaslaughter in the third de-
gree.
The names of the seven for murder 4
are Meyer Hornburger, Bennett Viii
liams, n. M. Cornish, Byron Stone, John 1
E. f. Bond, Peter e. Hopkins, and M. |
n. Lefert. The jurors for acquittal were 1
Roderick Hogan, NJ. II. Thompson, and /
John Tucker; and the two for man- 7
slaughter in the third degree, were The 4
Odore Flamme and Henry c. Whittle. I
This state of affairs remained until the /
jury came into court and got Colonel
Fisk's clothes. The clothes were all
tried ON one Of the jurors, and they ar
rived at the conclusion that Fisk
had both his arms enveloped i'll his
military cape at the time Stokes fired,
and consequently that the theory of
Fisk drawing pistol was q humb0g,
this influenced the three for acquittal to
veer round for manslaughter in the
third degree. The medical testimony
was thrown out altogether, all believing
that the wound was mortal from the
first, and the question of insanity was
barely referred to.
There was long discussion as to the
premeditation, and all the jurors were
OF the opinion that Stokes never went
to the Grand Central Hotel with pre-
meditated design of meeting and kill
ing Fisk.
The seven jurors who were for muir
der, believe that when Stokes met Fisk on
on stairs, in moment he formed in his
mind an intention of killing Fisk, and
that this second was sufficient time for
premeditating. The jurors stoutly
maintained that Stokes pulled his pistol
in the heat of passion, being stirred to
frenzy by the sight of Fisk, and his
crime was only manslaughter in the
third degree The debate on
and some words were used on
both sides, and again the poll was TAX
en-, but all to no purpose. Firm in their
opinions all remained, and at last fell
asleep, but walked 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
opinion of several of the jurors that if
they were allowed to bving in verdict
Of murder in the second degree, or man
slaughter in one of its higher degrees, !
they would have arrived at a verdict,
but this was not allowed them, as the
Judge charged them they should either
ind verdict Of murder in the first de-
gree, manslaughter in the third degree.
Dr. acquittal. An application for bail
will be made in a few days. ,