The New York herald., 1872-07-06

time ~ givee yithie vhke> the convsrsaaion SUD-
S Was admitted 50 - as 70 bring out the the time. S0'
What time was 1t that he made the statement to
you as to fears o. his life at the hands Of Fisk A.
What did he say OnIectedtO. 81 tSH 81
The District Attorney contended that the ques-
conid not msnuature evdsnre lor himsef "r ~
that case 1t would only be sufficient for any man
designing the murder OF another to go aronnd and
saying that he in danger Of his lite from this
man or tnat TO justify him in committing murder.
Mr. Tremain contended that they had right to
prove whatever was said by the prisoner before the
homicide, at the homicide, or alter the homicide,
and We desire TO show what were the declarations
OF the prisoner on this point-that he was pursued
by Fisk, that he sent armed men and rufians after
him to strike him down. eft Lsra NJ ie nrn'
The Conrt-No evidence has been adduced to war
Whenever it is raised will give you permission to
open the question. At present no foundation has
been laid for the question. .+tt tf.tf r,fri. ~.
Q. Do you know the fact that men asres.,.
WERE IN PURSUIT OF HIMS 49, '@sSs
Fisk drew pistol on the prisoner, that the prisoner
feared Tor his life and SO feared on account OF the
Mr.. Garvin quoted Lambs case to show that this
evidence must be excluded that threats on the
part OF the deceased were no defence; tney must
commence by proving the attempt to act on the
threat ra ssa
Mr.. Tremain, quoting the law OF
JrsTIFTABLE HOMICIDE, 9
claimed that under II man might act on appear
ances. The first question was then reasonable
apprehension on the part Of the prisoner and Sec
IMMINENT DANGER. q
the question went TO the motive OF the prisoner, as
to to- whether + Iva was ssi6deense or malice he dd ID
cstimony prescribed by the District Attorney. He
preferred the historic order. They proposed to
show that he was followed by ruffiany looking men,
who the prisoner said, were employed by Fisk,
and asked this Witness who saw the men, to
get get nim carrlage' expressing S his fears at the
y Mr. Fsss part @ towards @ ps pscne pneT
Of which the prisoner had knowledge of Ffsks vim
various cases in support OF the right to introduce
such evidence, and contendcd that in Lambs case
the evidence was rejected simply because IL was
not shown or offered to be shown that the prisoner
knew the facts. Reasonable fear removed the pre-
sumption of malice, and the character OF the de-
ceased was strong element I'm determining
whether the fear was reasonable. This was but one
link In the chain OF evidence they proposed to give
They proposed to show that the deceased had
~ - ORGANIZED FELONIoUs ATTACKS
on others and had threatened to do the same. He
offered to show that Stokes said to this witness
that he was afraid of being attacked. 1
THE PROPOSITION. ht.E
~. MI Tremai n further @ support OF Of his views on
poses to show that the deceased 3
DREW A PISTOL nHN tiI
upon the prisoner before the prisoner fired at him
oner believed that his life was In danger, aud that
the fact Of his being pursued by ruiiianly looking
persons was known to the prisoner as well as to
an actual attempt at the time the transaction took
place. and after that we viii put in the evidence we
The Court ruled that the first part Of the question
was admssble-the rest not; but what In reality
the Court ruled admissible and what inadmissible
did not clearly appear. Z. Nla
The witness was told to stand aside for the pres
ent.
TESTIMONY OF D. p. INGRAHAM JR.
d. p Ingraham, Jr.. was called and testified
have known Mr. Stokes since he was arrested for en-
bezzlement, some two years ago; met him on the
O'Clock; was standing there and turned round and
saw the prisoner talking with gentleman stranger
TO me; lie came across and shook hands; Iasked him
to go up town with me; he said he could not he had
to go down to Amity street to see man; have an
tndistinct remembrance that he said II was about
some horse business came out and walked up
lBr broadway; / saw Mr.. Fisk come down in his car
riage about opposite Astor. place; that Is two or
three blocks further up think three long blocks;
should think II would take Inc two or three minutes
was pretty crowded
TESTIMONY or JAMES BRENNAN.
James Brennan was sworn and testined-I have
been In the House Of Refuge; was brought down
last 2Sd OF March as witness to the House Of De.
tentOn.
Q. When were you brought to the Tombss
Mr.. Fullerton-I object.
Mr.. McKeon-I object to the private counsel in
The Court checked Mr.. McKeon, saying that the
question Of private counsel had been already de-
cided and he did not want to hear any further OBJ
jections on that point
Wtness-I have been at the Tombs since; was
in the room with Thomas Hart; l had conversations
with him abOut the case. f ftff
@. Did Hart tell you he knew nothing about the
matter; that he was in another part OF the house
weeks after / went there; he said that the be saw
Stokes going along, and ran after him
AND HAD HIN ARRESTED,
and that was all that he knew about it; he said a
man tod him he would give him a thousand dollars
f he swore as he did, and when said he might get
into the State Prison, he said he had the biggest
people In the city at his back and II l didn't say
anything he would get me out when nc got out;
l saw people call on Hart and Redmond; one
man was there twice right after one another; he
came alone; heard Of him as CrOkey or Crockett;
Iplayed cards with Hart. t,l' 2aft .oas
10 the District Attorney-I was learning stone
cutting when was sent to the House OF Refuge for
stealing watch 10 Apollo Hall on the 2sd OF No.
vemher. % ''t VIZ % t"'It
:. q. Did You pick mans pocket previously A.
Yes, sir; the man was asleep; had stolen about
four years before; had. been in the House OF
OF Detention nine weeks, when was sent TO the
Tombs; was on friendly terms with those boys in
the House of Detention. 2fl'p
Redirect examination by Mr. McKcon-I was ex-
amined by the District Attorney before the Grand
Jury In the case of Justus Dunn; was appointed a
duct; when first came to the house Harttod me
that he was near stokes when he fired the shots
asked him why he did not throw him down stairs,
and nc SAID ne was sorry he did not, Fisk would
give him plenty OF money for saving his lc five or
six months afterward he told me that nc was amer
putting some globes In a room, and saw Stokes
coming after hearing the shots tired, and followed
him, seeing no one else around 81 aia
The Witness on cross aud redirect examination,
oft repeated, went over the same testimony, ad-
herring pretty faithfully In bis repetition of ali that
Hart had first told him of the shooting; Of the ap-
pearancc OF Stokes at the head Of the stairs and
of Fisk leaning on the rail on the stairs below OF
his pursuit OF Stokes and his capture, and Of his
piart's) subsequent statement that all he stated
WAS A LIE,
and that he had friends To back him in &c. ~
John I. Redmond was recalled, when Judge IN
graham asked counsel for the defence II he would
be bound by his testimony being called their own
witness. Under this view OF the case they did not
examine him as to whether anybody endeavored to
bribe him to testify wrongfuly.
The Court then adjourned till this morning at
halfpast ten O'clock. yffg f-rrlt.-r
THE COURTS. ,.l
unyrn or ,--rc enss s,ce,,urne, enunr