The New York herald., 1872-12-24


qualified, and God forbid that counsel would say or
do anything which might tend to any other result
than the securing OF fair trial lor the accused.
But when Juror ON crosse Examination stated that
he had read all about the homicide OF James Fisk,
his 'ne MIND and at he nad NO
about it, counsel did not question his Integrity or
honesty, but his intellectual capacity, and FOR that
reason solely ne was set aside.
A WOMAN AT THE BOTTOM or THE MISCHIEF.
Counsel then briefly stated the case for the prose-
concerned. stating how the prisoner meeting Fisk,
fred two shots into him. and killed him. and such
an act as that Is what the law calls murder. Next
Stokes had In his possession letters OF Fisk to the
poor. fallen, degraded woman, Helen Josephine
and he threatened to publish them but Fisk got an
injunction, end he was thwarted.
Ncxt Mansfield took out ay q warrant against Fisk
for libel but the Grand Jury threw out The bt and
after lengthy litigation Fisk commenced proceed
levy blackmal. All through the prisoner found
himself thwarted at every step and defeated by
homicide, he learned at Delmonco's that the Grand
Jury had indicted him for attempting to blaCkmatl.
TIL THE 3a HOMICIDE r. A.aEoED TO BE FROM REyENGE ~,
the hall; the words, .Now have you;" the shoot
turned on his heel and walked on. saying "1here
Is man shot,u were sketched in q rapid and
sisted that banned in his attempt to get Fisk held
by Judge Blxby-bafhed in every way-the prisoner
had thus deliberately taken his revenge.
during this portion OF the speech the prisoner
smiled as II amused at the idea Of attributing to
him deliberate murder from revenge.
THE PRISONER SILENT
When the hall boy said 'sYou are the man that
shot him. why was the prisoner silentr II he, as
was Innocent o. The crime before the law, why did
he keep hts lips closedf Surely II ever there was
time when man should speak out, It was then.
with regard to the defence OF insanity or aber-
ratisn OF mind, which might be set up, counsel
ala not regard IL ss worthy Of consideration for
PERIIoUs rtxEs--A REIGN OF TERROR.
we i've IN perious times, and beSooves every good
citizen to perform his whole duty faithfully.
scarcely week passes without the commission Of
Which Which We arc 50 justly pro- proud, with al it's wealth
and all It's Intelligence and may add, too with all
Of the whole civilized world. Bad men congregate
here from all parts OF the world to lead 9 liie OF
toy sSa be
and whether step shall be put to this bloodshets
This city with all Its wealth, all its magnincence,
p iepasasior ~ Bad ocTed s here bsievng that
changing Is played out" They must be checked
the bloody scenes wkicn We're were Witnessed Witness IN sister
city years ago would be repeated. Let them do
tnelI duty and the bloody scenes Of our streets S
order be maintained. But it was on the jury box
THIS depended; All else was useless without VT them.
ton OF the witness was at once proceeded with.
TESTIMONY OF CHARLES G. HILL.
lumber dealer; was in this city on the 9th OF
January. 1872; stopped at the Grand Central
relating to the shooting OF James Fisk, Jr.; my
attention was first directed to the killing BY the
Witness here explained on the diagram the spot
where he was In the hotel when he heard the re-
port OF the pistol.
In contInuation-After hearing the shot ran to
the elevator; from that position ! saw man
standing in front OF room 219. little way from
cited motion ton with vii IN his T right hand walk walked half
way along the corridor and met him; said,
whats upY" and he replied, THERE'S q man
shot" next heard grOan, and, walking to the
head Of the staircase, recognized Colonel Fisk; !!
next followed, with others, alter the man who 1t
the man | had seen at room 2i9 up stairs; recog-
niaed him and identity him as present now and as
at n me s s
scribed, did not see any pistol In his hand.
CRoss-ExAMINATIoN
room, on the third moor Of the hotel; had been
heard the report; Il heard two reports in quick
succession; room 218 is on the west side OF the cor
ridor OF the second moor, almost directly opposite
tho ladies' entrance when the prisoner was in
custody heard some person exclaim, "rhat's the
man @ VINO M fred the shots" meaning Stokes; the
could see very plainly; Stokes had on white
overcoat on that day, and. think, cane in his
hand.
TESTIMONY OF FRANCIS CURTIS.
Mr.. Francis Curtis was next called. he was
stopping at the Grand Central @ a9tel @ On t the s Of
shooting; he was just coming out OF his room on
the third floor as he heard shot, then second,
and he proceeded down to the head OF the stair
head Of the stairway heard . sound as OF some
one in distress; next looked down the stairs and
recognized Colonel Fisk; there were two persons
with Fisk ana assisted them to carry him up
A LEGAL LITTLE TILT SETTLED BY THE COURT.
Hnr In nh n
the question or the propricty OF citing, during
the course OF the trial. the decisions OF Justice In
graham on questions OF law raised.
Judge Boardman said he would prefer to pass
upon any questions that might be raised according
10 his own conscience and knowledge oil the law,
though the decisions OF Justice Ingraham were
undoubtedly valuable and corrcct yet, to prevent
unnecessary confusion, he would make MS own
linsushed gentleman who had presided at the
former trial.
THINGS GETTING LIVELY.
Mr.. Townsend here rose, and, leaning aside so as
to get good view OF MIR. Conner q clerk at the
Erie Railway office, cried out, III Mr.. Conner can
right behind the witness and looking the jury In
the face-l desire he would take it."
Mr. Fullerton-l must say that entirely uncalled
for.
Judge Boardman- What is the objection
he has een eadnG sp IN s Me nnGw AND e
comes here just to SIT behind the witness.
Judge Boardman10n, there Is: Is no necessity @ Tor
right TO sit down where he pcases
Mr.. Townsend-I do not appeal to the Court, but
to his own sense OF prOpriety.
Judge-Thcre Is no occasion for 1t.
District Attorney Fellows-I desire, once for all,
that these interruptions be put an end to. These
interruptions were constantly made on the last
trial. We are to get Information OF this homicide,
not from the friends OF Stokes but from the friends
OF Fisk, and II is but natural xat they should come
here to tell us.
Mr.. Townsend-I protest against the alusion to
what took place on the other trial.
Mr.. Fellows-I am gratined that the counsel are
ashamed OF what took place on the other trial.
(Laughter)
Mr.. Tremain-They are ashamed OF the District
Attorney. (LanghterD
Judge Boardman-This must cease.
THE SCENE IN FISK'S ROOM.
On cr0ss-examnati0n the witness described the
Identification OF Stokes by Fisk as the man who
shot Kim; Stokes was then In custody OF an officer
= M not sure VIVA. Inc question pu. 80 FISK was
the man that shot me; take him away" cannot
remember whether he swore on last triaA that the
answer was, "Ycs that Is the man." witness
Lclncl To uuhuitan EisL cannot rememher Xhe-