The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-27
NEW HERALD THURSDAY JUNE a. 1872-TR1PLE SHEET
strong opinions on the subject OF the ktAng OF
Fisk was requested to stand aside.

strong opinions on the subject Of the iilins of
Fisk, was requested to stand aside.
Ananias ConOver.-Stand aside.
Joseph Walker, residing In Fifteenth street, had
dence to remove Challenged to favor. The trierS
found the challenge to be not true. Challenged
peremptorily by the defence; 49,.
trlers found the challenge to be not true. Chal-
lenged peremptOrily.
THE TWELFTH JUROR OBTAINED.
Shortly alter recess the twelfth Juror was OBJ
tanned in the person OF John Tucker, paper dealer,
residing at 313 East FOrty-1rst street. The swear
ing in OF the last juror caused quite excitement
In court and when at last he took his seat and the
Jury was thus complete there was an indication of
relief throughout the audience.
The following is a complete list OF the jurors In
the Stokes case $3.50
l. Meyer Homberger, jewelry, 1893 broadway.
2 Roderick Hogan, hats, 374 Bowery.
g. Bennett Williams, laces, 773 Broadway.
l. Nehemiah N. Cornish, wool, 80 Lispenard street.
street.
8. theodore Famme, corn merchant, % univer-
i. John Edwin r. Bono, clerk, 2el Broadway.
8. Peter f. Hopkins, hats, 446 Broadway.
10. John A. Leferts, enameller, AT West twenty
H. Henry g. white, stationer, ess Eighth ave-
nue..
u. John Tucker, paper maker, a1s East Forty
first street.
OPENING FOR THE PROSECUTION
as follows. Complete silence prevailed while the
prosecuting oficer spoke. He said =
GENTLEMEN OF THE JURY-It B not q very un-
usual thing In cases OF this description to occupy
very considerable period or time in obtaining the
necessary number OF jurors for the reason that
where publicity is given In the newspapers to ac-
tons OF this kind every intelligent man reads
or less OF the accounts written and thus forms, to
some extent, opinions or Impressions. have no
Sas ALREADY adopted views ou win BE
be that " this hiss is the first time that you
have performed duty OF this description, though
position that you can ever be placed in during the
period OF your natural life. No man can come to
the consideration Of case OF this kind without
sort OF awe pervading his mind 1t has been my
fortune good or bad, to prosecute and defend in q
great number OF important cases OF this descrip
although a man feels certain degree OF trouble
and difficulty when he sits down to defend pris-
oner on charge OF so grave character, yet It is
one feels when he occupies the position Of
public prosecutor. 1t is not only that there r. a
sponsibilties which lie behind him and surround
him, which awe him into kind OF reverence for the
tribunal before which he appears. And whatever
difficulty may attend the prosecution OF this CASE
that is nothing compared with the duty imposed
upon the jury BY the obligation to pronounce just
evidence which will be produced for their
consideration. The life Of q man, gentlemen,
tns life yo1 Of sas Pr avs before IN Ss
life Of the human being that has been taken and it
makes no difference whether that man was good or
sons whatever may be the information that has
entered your mind produced by the reading of the
newspapers or by conversation with other persons,
whatever expression you may have given, must be
now dismissed from your mind until you have heard
the testimony OF the witnesses by which alone
verdict You must be guided by no ami
mostly, no malice no i'll will no favoritism; on
the contrary you are simply to take the case on
the evidence Now, gentlemen In order to arrive
at verdict in this case the Court win tell you that
the law is that II the life of Colonel Fisk was taken
by design, generalization and with intent so to do
at the time OF the transaction then the prisoner is
guilty OF murder In the first degree, and you are
bound SO to find a him There are no reinements
rounding it. Now, gentlemen, am instructed that
in this case We shall prove that, about four
1872, this prisoner seen on Broadway. The next
that was seen OF him he was passing the Grand
opera House within WI very Few minutes
where Colonel Fisk stood. very short period OF
time after that he was seen again in Broadway in
coach going to the Grand Central Hotel. He was
observed to enter that hotel In hurry; he went
up the stairway and stood at the head Of the stairs
lying In wait and watching for the appearance OF
some one, but whom no one at that time
that Colonel Fisk stepped out Of his cal, car
the head of the stairs stood the accused now before
you, his pistol in hand; he fred first and NOR
Now, gentlemen, If that is a true statement; II
there Is nothing else about this case than that; If
he did thus lie IN wait for Colonel Fisk and shoot
him. and II that was mortal wound, and Colonel
Fisk died in consequence OF 1t, shall ask you at
the close OF the case to render verdict OF pre-
meditated murder against this prisoner and let him
take the consequence of his crime. II, on
the contrary, there is any evidence pro-
duced by him which relieves him from this
responsibility then it will be for you to listen to it,
hear 1t and give it such consideration it shall be
entitled to-; and II he is not guilty, SO pronounce
him.
THE FIRST WITNESS CALLED.
Charles G. Hill was then called but did not re-
spond, although he had been In Court during the
morning.
Mr. Tremain counsel for the defence, asked,
under these circumstances that the case be adj
journed for the day, and District Attorney Garvin
also supported the motion.
ADJOURNMENT TILL THIS MORNING.
The Court said that 1t was due to jurors that the
case should be proceeded with as rapidly as posi-
Bile, but as the witness was not forthcoming he
would grant the motion.
The Court then adjourned till this morning at
halfDaat ten o'clock