The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-12-29
TENTH DAY OF THE STOKES TRIAL.
ne Accused On the Witness Stand the Greater
Part Of the Day-He Sticks to His Story.
WERE THERE TWO PISTOLS
a Former Witness for the Prosecution Testi-
fes for the Defence The Theory Of Two
Pistols Advanced and Depended
Upon by Stokes Counsel.
The Case To BE Resnm cd
Tomorrow.

The Case 10 he lCeSnmCd
TO-MOrrOw.
BUSINESS IN THE OTHER COURTS.
Another protracted days session In the Stokes
Fisk trial has brought the case wen into the de-
SoAce. The line upon which the prisoners counsel
are now prepared to fight 1t out to the last on the
new departure Is developed. There was on the
arst trial discrepancy in the description given BY
Witnesses especially that OF Miss Hall, OF the style
u pistol rst discovered behind the sofa In the par
Ior and the pistol which was put in evidence as the
pistol fatally fred by Stokes. Miss Hall did not
positively recognize the prosecution pistol as the
she she found behind the sofa, and hence the
theory OF two pistols carry out Stokes defence
that Fisk had first drawn upon him. The question
may arise in the minds OF the jury-Were there
two pistols drawn, one by Fisk and one by
stokes ? but on this point the medl-
cal evidence given on the former
trial subverted the idea that Fisk could have been
In position to hold pistol in his hand to IRE at
stokes above him from the direction OF Stokes
bullet which put an end to his victim. Besides, the
evidence Of actual witnesses who were In . posi-
tion to see Fisk draw pistol, had he done so on
the occasion, has been uncontroverted. This part
II the deience-the question Of two pstols-and
che alleged drawing OF pistol by Fisk upon Stokes
70 make the fatal act Of the latter necessity In
sclf-dcfence, was only so much . part Of the EVIL
acnce as depended upon what amount OF credence
the Jury might have thought proper to have at
sached to II as coming from Stokes own lips. This
point somewhat turns, with what weight remains to
10 seen, upon the evidence OF
HENRY CORIEy
who on the previous trial was witness for the
prosecution, not called that side this time, and
now taken up ana produced on behalf OF the pris-
encr. His testimony was somewhat important to
she Defence as win be seen by reference to 1t, az
he distinctly and positively asserted that he had
pistol given him by one Of the witnesses, o Miss
Hail, which was not the one exhibited as that
with which Stokes did the shooting. His presence
and evidence caused somewhat OF sensation in
Court, and after he had been sworn the spectators
sent eagerly forward to eaten every word that he
might utter.
The Proceedings Yesterday.
CROSS EXAMINATION OF THE PRISONER.
The proceedings in the Stokes murder trial were
resumed at the usual hour, before Judge Board
man, IN the Oyer and Termincr. There was large
crowd OF people in attendance.
The prisoner, stokes, went again on the witness
stand, Mr.. Beach, for the prosecution, not having
anished cross-examining him at the time Of ad-
journment yesterday.
BY Mr.. Beech understand you to say That Fisk
had his pistol in both hands, near his abdomen, at
che time you saw him at the foot OF the stairs A.
He had the pistol in both hands, in about that pO
sitiOn witness standing up and showing the jury
the position Of Fisk at the tlme) cannot exactly
say whether the hands were raised above the
height have shown or not
q. Was he engaged in cooking the pistol with
both hands when you nred A. cannot say where
they were at the second shot.
Q. Did you SO swear ON Your former examina-
ton A. can't say.
q. Have you now any recollection Of having seen
either Of his hands in any other position at the
time of the shootingf A. have NO recollection
only what state.
Q. Having both hands holding the pistol, do you
swear that he was cooking it, A. Yes, sir.
FIsK's PISTOL.
Q. Did you see his pistol while he was raising 1t
rom his side-did you see 1t distinctly3 A. 1 saw
quite distinctly; he held 1t by the stock il was
oliver plated pistol.
@. When you fired the first shot you said Fisk
sried "0h 7" and bent overi A. Yes, sir; that's
my remembrance oft; that is, he said "Ughin or
some exclamation very similar.
Q. Did you think then that he was hurtY A. /
didn't think anything about 1t.
Q We're his hands stn in the same position, hold
ting the p,stolf A. They were.
@ When you fred the second shot what were
Fisks movements9 A. He turned round cried
sut ''Stop. I'm shot," and think he sat down, but
IAidn't wait to see; went up the stairs i'm me d.
Ately after firing the shot.
Q. You say you made motion with your hand
st the time you met Mr.. Hill near room 2lgP A.
Yes, sir.
have recollection Of it beyond the fact OF having
done It; am quite confident it was when dropped
o. You then started for the main once stairss
A. Yes, sir.
Q. Who searched you down stairs2 A. There
Ssrs ssyess there and they all took
TIME, A. No, sir; nothing until went 10 the sta
q: Where did you meet Mr. Bailey that days A.
ne crossed over the street to me, and ne and
started down to the Metropolitan to get tickets for
Q. Where was he goinga A. think he said he
was going up town, and I said II he came down
With me 70 the Metropolitan that would walk
Q. why did you turn back from Bond street when
ron set out to 60 to the Metropolitan A. Because
wansed MN TO 90 with me TO the Grand Central
rI1 STRANGE LADY AT THE GRAND CENTRAL.
" why dld You not go and see that lady when
you nrst bowed to her as you passed the hotel A.
Wei, don't know that had at that time made
up my mind to visit her ut all.
Q: Mr.. Stokes, when you were At Dodge Cham
oerlain's did you show those papers concerning the
morse race 70 any one you met there ? A. did not.
Y were those papers In your pocket at the time
you were searched in the station house A. They
were; gave them to Mr.. McKeon.
T. ! dld not ask who you gave them to. Who
searched you there A. don't know; one OF the
oficers-the man at the desk, l think.
q How long were you there before McKeon
Gamer A. / don't know--not long.
q How long mad you carried a pistol before this
timer A. ] always carried q pistol but not regu.
iarly until about six months before this time
a. Did you converse with Mr.. Bixby In the pres
ence OF others concerning the Grand Jury having