The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-04
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Testimony Of Stokes Captor---"And
You Are the Man That
Shot Him.
THE DEATH enc.
Close Of the Medical Testimony and Of
the Case for the Prosecution.
Mrs. Hooker, Fisk's Sister,
on the Stand.
Opening for the Defence---Ar-
gument Of Counsel.
Did Fisk First Draw a Pistol
Upon Stokes?
ucw and Interesting Developments Promised
in the Testimony for the Prisoner.
The Trial Adjourned Till To-Mor-
row, at Halfpast Ten.
Opening for the Defence---Ar-
gument Of Counsel.
Did Fisk First Draw q Pistol
Upon Stokes?
usw and Interesting Developments Promised
in the Testimony for the Prisoner.
The Trial Adjourned Till To-Mor-
row, at Halfpast Ten.
TWELFTH DAYS PROCEEDINGS.

TWELFTH DAYS PROCEEDINGS.
ne spectators ia the densely packed, hot court
room Of the Oyer and Terminer were yesterday
again RECALLED with the usual quantity OF testimony
IN the case Of the trial of Edward g. Stokes for the
hilling Of James Fisk, Jr.
Stokes and his father, mother ana brother were IN
court sitting together and the District Attorney,
with NeGsrs NcKeon, Tremain, Townsend aud
Daley for the prisoner Mr. Beach and Mr.. Full
lert0n, private counsel for Mrs. Fisk, were
also In Court and sat in the selrsame immovable
positions that they have occupied for two weeks
past, watching the witnesses with stony-eyed pre-
cisi0n. The Court was as hot as an oven, and the
jury had melting air Of resignation. STILL every
one IN the room felt that something out Of the usual
course Of procedure must take place, and conse-
quently for eight long hours, with an interval Of
half an hour for recess, the spectators Judge and
jury sat the trial ont, with patient hopcfulness that
sensation would be given them, and they were
not disappointed.
The first witness examined was DR.. E. T. T. Marsh
young blonde-haired gentleman, who acts as de-
putty to Coroner Young, and was present at the
post-mortem examination. There was nothing i'm
portant IN this mans testimony, as the substance
oft haa been repeated over and over again In the
evidence given previously by medical men.
Following Marsh came Patrick MCGOWAN, who is
the engineer Of the Grand Central Hotel MCGOWAN
arrested or helped to arrest Stokes as he
came down to the hrst moor. He testified that
Stokes did not answer when the question was
asked him, why did you shoot him P'' Also that
some unknown man came and spoke to Stokes
while he was In the hail. policeman having been
sent for, and felt all the breast OF Stokes coat
ana asked Stokes II che was hurt - to which
Stokes answered that he was not when the strange
man excused himself On crosse Examination by
Mr.. Tremain for the defence the witness became
befogged and contradicted himself repeatedly as to
what he said at the Coroner's inquest in much the
same manner that many Of the witnesses have
done who have been examined by the District At
forney for the prosecution.
Mr.. Henry Powers, the proprietor of the Grand
Central Hotel, was called several times, but,
strange to say, he failed to appear, and was not
compelled to come into Court DIR. Frank Willis
Fisher, who attended Fisk from the time that he
was shot until he died, was next. examined This
gentleman came like lamb to the slaughter and
was used mercilessly by the counsel, Mr.. Townsend,
in his searching cross-examnaton. The same
fate pefell him that descended on his
colleague, Dr. Tripler, on the preceding
day. He was badgered, confused and
confounded, and, after being an hour and five min.
his rescue by adjourning the Court at the early
hour Of one O'Clock for the recess. Dr. Fisher went
out TO lunch with DR.. Tripler and came back after
recess "Do you wish to examine the witness any
furthers" asked Judge Ingraham, and Mr.. Town.
send replied Eyes, will take another hour of
him." at which all the people In the Court laughed.
The question was asked Of DR.. Fisher II he had
not stated to second person that an i'm.
proper act had taken place between Mrs. Morse
or her daughter and Colonel Fisk, as he laid,
wounded, on the bed in room 21asn This question
caused considerable sensation in Court, but was
ruled out by the Judge, and prurient curiosity
must remain unsatsned In regard to this matter
perhaps forever. He admitted that he threatened
the mailman Henry who could not identify the
pistol on the trial, and said to him during the last
twenty.four hours that 'he was damned fool and
that he would go to Sing Sing Prison
II two or three witnesses could be found
to contradict him." The audience looked
at the witness and laughed at his admission, which
made DR.. Fisher feel unhappy. He made some
other admissions, which were equally discreditable
and had their effect on the jury who listened in.
tently. DR.. Fisher had kept diary Of the condi-
ton Of Fisk the night Of his shooting and up to
tho hour of his death, and he read from his notes
slowly and with considerable effect, but all at once
he was stopped and his dream OF happiness was
Townsend. who demarded n,s no.ss -, 81" n "n~
That no had no right to refresh his
memory from private memoranda. He re-
luctantly handed over his notoo to rrou.,~
a., 49, Ii, 49,. oseS 're"aln
s,, Iy hn .ney were named TO Dr. McCready, the
defence she,, WIN VIVA, IS ~, engagea IN assisting the
oecame stnpehed by every succeeding question, and
roSs m tn 9y us own word that the notes were
the Of Dr. Dy f Fs5eesp
IoWers OF the Grand Central was again called but