The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-10

Nv,
the previous medical testimony as 10 the certainty
oil death and the probing OF the wounds
Counsel for the defence protest ed at some length
against the case being submitted to the Jury with
out evidence as 70 the stripping OF the body aud the
probing OF the wounds.
The CORONER said mat he had fully decided to
performed his duty. which was not TO try the case,
but to gnd now Colonel Fisk came by MS death.
The Coroner's Summing Up.
The CORONER then proceeded to address the jury
GENriEMEN OF THE JURY feel that It Is an.
necessary for me to refer you 10 the evidence that
mas been offered You nave ss9
preclude the po necessity G as ssE you
Is to render verdict In accordance with
the testimony That is ali. ! have no particular
only to commence with tie first witness and review
the line OF testimony to tine close OF the examine
that should say one more word TO you. Gentle
men, assure you That In the examination oil the
proper question. / have not besn animated with
prejudice a.ainst any man: - nave aye
Charge NY dasy as nave already SAID to the
counsel conscientiOusly, fearlessy, and as shall
o se e.
You VIII please retire and agree upon verdict'
The counsel for the prisoner -Against that we
protest and except.
CoRoNER-Wlth all due Difference to the gentle
man decline to take any protest.
Counsel for The prisoner-Weli, we can make you
hereafter.
Waiting fer tho Verdict.
At quarter TO five O'Clock the jury retired to de-
berate uDon the verdict IL was Thought that their
into the cause OF DEATH Contrary TO general ex.
peotalon, however, the lury. remained out nearly
came gradually thinned Their long absence
created much surprise and comment AT twenty
ntfrh A1nl rim itrru r..fn
Court uand resumed their seats.
inc CoRoNEa asked whether the jury had agreed
Mr.. OPDYKE replied In the Affirmative.
Tho CoRoNER@Wnat 90 you ind. gentlemen
MIR. OPDYKE-Shall read IT.
The CoRoNER-If you please.
TEAIE VERDICT.
Mr. OpDYKE then read the following verdict
"rhe jury lnd. from the testimony submitted on
this inquest tnat the deceased James james ElsK Jr
the city OF New York, On the TN day OF
January, 1872 at or about ten minutes before
eleven O'Clock A. NJ, IN consequence oil wound
or wounds inflicted by a ball or balls from pistol
In the hands oil Edward s. Stokes discharged by
him IN deliberate manner at the person OF said
Fisk at the Grand Central Hotel Aforesaid, on the
9Th day OF January 1872 at or about four O'CLOCK
JESSE HoYr A.y. STOUT,
HENRY cLEWs, D p y D, DoWs.
John }. GOkMAN,, M. B FIELD,
ALEX. McIENzIE, JAMES 4. EDWAkDs.
GEORGE OPDYKE WILLIAM nj. BLISS.
The announcement OF this verdict created very
little sensation IN Court nor was any cnange
noticed In the demeanor OIL the accused from which
he had previously borne during tho trial.
the Coroner then requested air. stokes to step up
to the Witness a stand ne Oy @s os
tinued:--"Mr. Stokes, the jury having rendered
their verdict-which you have heard-it now be-
comes my duty TO ask you certain questions. You
are at liberty 60 answer them or nor as you please.
Q. What is your namea A. Edward 8: Stokes.
Q. How Old are you, biz. Stokes? A. am thirty
years o; are.
q. Where were you borna A. was born in
@. Where do you resde9 A. reside Of the Hor-
man House In tine city OF New York.
q, What IS your occupation MI. stokess A.
Q. Have you anything to say-and. II so, what
relative to the charge preferred against your
COUNSEL answering Tor the prlsOaer)-By the
advice OF my counsel decline to answer any
further questions at this time. l am IN their
hands, as their counsel, ana am governed by Their
The prisoner then signed his name to the above In
q bold hand, without any symptoms OF nervousness
The CORONER-Mr. Stokes the jury having rem
dered verdict that James Fisk, Jr.,. came :, his
death by pistol shot wound at your hands, shall
commit you 10 the Tombs, to await the action OF the
Grand Jury. -
having rendered his thanks Tor their attendance,
discharged them.
Counsel for the prisoner: In heightened ad-
dress drew attention OF the Coroner TO the sta
ute relatie TO the return OF the proceedings or the
Court he da!ed upon the 81, crime That had been
mind was unduly excited. la order 10 Justice TO
the prisoner, he conended tnat IL was the duty OF
the prisoner TO comply with the terms OF
tine statute, which set forth that the
testimony OF the Coroners jury should be reduced
to writing by the Coroner and should be returned
the next Criminal Court that should be held Ill the
county within thirty days. Counsel cited tue case
OF Mcfarland to show that had nc been tried within
thirty days after the Coroners verdict he must have
been convicted. But when sober second Thought
came upon the public mud, always sure to follow
In case OF that KIND ne was not only acquitted.
by the pubic incensed against him. but almost
fffnd n
entitled to what was known IN criminal proceed
ings as continuance. owing 10 the prejudice now
stances he trusted the Coroner would not return
me proceedings until the time specified by law aad
until such time as the excitement lncluent 10 cue
case had died away.
Mr.. MCKEoN followed on the same stde conendlng
that It was duty OF the Coroner TO withhold the
proceedings until the iull extent Of the time re.
ASSISTANT District Attorney SULLIVAN intimated
shat the usual practice was that where recognlzances
were taken committing magistrate and called
for an appearance at the next term It mea1t the
ERIN then pending IL was the weli-Settled practice
to regard as the next term any part oil the then cur
rent or unexpired term.
After some further discussion the counsel for the
prisoner read the words Of the statute:-"The tes-
iilnony OF an witnesses examined before coro-
ner and shall be returned by him together with tho
inquistion OF the Jury and all recognzanceS and
taken by Ias
shall be held in the o., county" ,,,, coa 9ns
prisoner had committed willul murder In the legal
acceptauon of the term, and that although II was
SCI iortn that the shooting had been done deliber
ately, manv highwayman had been shot with
delberalion lie also adverted TO the fact that two
OF the witnesses produced on ne day preceding mad
c0ntradlcted themselves. The second one he con-
tended had committed perjury, wle the third Wit
ness wiped out the testimony or both.
The CORONER at the conclusion or the counsers
observations, stated that he had listened atentveiy
TO the suggestions winch had been made, and would
give them a careful consideration
The accused was Then removed 10 his cell, aud
the inquest was brought to close.
Personal TnteiGgenoe.