New-York tribune., 1872-03-02
THE STOKES CI3E.

LOSING ARGUMENTS FOR TIE DEFENst
DENoNsTRA ALTON AGAINST THb rRlsoNEh'
The trial of the legality of the Grahd jury
which found the indictment against s'oAcs ""9
tinued yesterday in the Court OF oyer "nu ,rnt =,
before Judge Cardozo. MI Gihha'n e' -,
this case went before another Grahu jury VI. N ''
Central Hotel would get such shaking up az u "ou'u
-, for, on e,rtb0uake That was one OF Flsks I'M
orol baunts there he spent his money and played inc
mart NJ n nrofiCate This made II Tor the interest vi 'hdt
establishment 70 shut its doors against the escape Vi
every fact that might ee serVlee"oo 10 'io
rrisoner. That is the castle when is 10 pe
nrotected by the prosecution, hut il the matter
.as mt into the hands of men who would perform
the duties of Grand Jurors fearessy and imparuay,
the District Attorney would hardly dare press the case
even for mansaughter They would want to know what
Fisk was doing TAT the Grand Central lote whom ne
went there 20 see, who made way wlth ms pistol MaV
stokes had 10 suppose he would tnd him there
and other things of that kind which are sought 10 DO
Mr McKeon said that allusion had been made 70 some
indictments against politicians which mlght be 1H9Cru I
nv decision against the legality OF the Grand jury
nuo m U heramse in ease thc Judge decided against
him IN the plea in abatement the Court would De auhor
iled Immediately 10 give Judgment against agait
Prison or the Penentiary as the case might be.
lie had Grand Jury, Is out OF 3OmcmOers oI whon
were known him TO he Democrats, and another with
Andrew j. Garvey and Mr.. Ingersoll upon H. These
things could not have been done honestly lie had neth
in behalf of a client, yet tho proniGate Fisk was per
mittcd 70 walk into the Grand Jury room ana
manipulate the Grand Jury so as TO
set an Indictment against Stokes; these things
should be corrected the Grand Jury system had been
managed the rights of the citizens OF Newlork we're IN
the hands of one man-the Mayor, This man. he CON
tnued pointing to stokes, believe to be as Innocent
as any one of OF the charge brought against him.
Here an nCTeduOuS laugh with hisSes, burst forth from
the audience, and StOkess cheek hanChed MT hcheon
turucd to the audience and said That mob can nave
hut little humanity TO hiss at a remark like that
Judge CardoZOIf this interruption IL repeated VIII
have the courtroom cleared OF everybody not engaged
in the trial of the case. ,
Mr MCkpou-This prisoner dare not disclose TO the
public line Of his defense. When FISK was asked II
he was armed he said. o. that has nothing To do with
it," suppose IL question of who should hTe nfsl
II Fisk had shot stokes he would have been baed within
fOrty-elght hours attCrwaTd.
Slr Grahain-He probably would not have been ar
rested.
In conclusion, Mr.. McKcOn appealed to the press 10
pend Judgment the until the defense had pro
duCed its evidence.
Judge CardOzo-I will take the questions proposed by
either side home with tonight, and determine
whether will submit them TO the jury whether |
will tell them what my view Of the may he, either
by giving them positive direction to lind one way or
the other or hy submitting certain facts to them, and
telling them what my judgment Of the Law is.
Adjourned 10 IOt O'Clock this morning.