The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-18
STOKES ONCE MORE.
The District Attorney Ready to Go On with the
Trial-Further Interpolation and Delay
Sought by Stokes Counsel-Trial Set
Down Peremptorily for Wednesday.

Down Peremptorily for Wednesday
The case OF Edward S. Stokes accused OF the
murder OF James Fisk, Jr., came up yesterday
morning, pursuant to adjournment, before Judge
Ingraham in the Court OF Oyer and Terminer As
usual, the court room crowded, the interest In
the case seemingly not having subsidized by the lapse
OF time since the commission Of the murder. Inc
prisoner was present, looking about the same as
usual, his protracted Imprisonment having Dut
slightly impaired his health. Three OF his counsel
John AcKeon John d. Townsend and Henry DAILY
were In attendance. District Attorney Garvin
represented the prosecution.
Mr.. Garvin said he was ready to proceed at once
with the trial OF Edward s. Stokes indicted for the
murder of James Fisk Jr
Mr.. McKeon answered that he was not ready He
then read an afdavit OF his own setting forth that
Lyman Tremain had been engaged to act as his
associate counsel and that at the time OF the en-
gagement the latter engaged In the trial Of the
Delaware and Hudson Canal C0mpany's case, at
the Court OF Appeals at Albany, which case was
now being tried He next read On affldavit OF John
D. Townsend setting forth similar state OF facts,
and upon these asked an adjournment for two
weeks.
Mr.. Daily read his own afldavit stating that no
returns had yet been received from the commission
1SSued Tor the examination or DarW1n IL. Eaton in
London and Marcus Cicero Stanley in Paris
Mr.. Garvin replied that 1t was not entirely
clear, from the facts set forth In the adayits that
had been read and from his own observations that
whatever the answers might be to the interr0gato-
ries, they can be Of any avail to the prisoner on
nretty anpapent To- everybody that Knows anvthins
about cases OF this description that the interrORa-
tories Will be answered and the answers sent here
soon enough if the trial Is commenced at once. In
reference to the commission issued In Paris that
refers to witness simply upon the character OF the
that no court will postpone the trial OF a case
for the mere purpose OF ascertaining what the
general character OF the prisoner may be- The
prisoner had had since the 9th OF January last for
preparation. He occupied thirteen days on the
trial of preliminary questionable organization
OF the Grand Jury. He has had postponement
down peremptorily for this day. There was, no
aSoa the shooting FAX nnyn heg
had had ever since then to prepare and have every
thing ready for the trial. They go on to Albany,
ask for a further delay. He submitted that the
trial OF the case should be entered upon to-day.
run down into July or August with this trials The
prosecution were not to blame for the postpone
mel 1nent Of the trial II the prisoner L. guilty
cent he ought to be acquitted and discharged.
Mr.. McKeon, in reply, said that the District Attor
January to show how long time they had had in
which to get ready for the trial The District
90 MN ta to that ne
quence Of his having joined issue with them in re-
did not blame him for that. Il was
gone sC ALBANY s niles Al to swa their to a nnyog
counsel he had only to say that he had studousy
avoided putting IN anything about the withdrawal
compelled him to be silent, and the District Attor-
ney was unfair in abiding to II at all. The first
Tremaln, in Albany. The very afternoon that His
Honor advised the commission to issue he left here
to find him. Mr. Tremain told him his inability
to attend to the case this week. He was now
engaged In an important suit before the Court OF
Appeals, in which millions OF money were involved,
trial to-day, with the array Of private counsel
ciated with the District Attorney, 1t was simply I'M
made would be suicent he did not want the s case
70 20 over till fall He desired the trial to be begun
within two weeks he had further assumed that
the work on the other side OF the Atlantic would be
finished within the present week, and they would
be ready to go on with the trial on Friday, and he
had no doubt the commission would be here during
the trial.
Judge Ingraham said 1t was out OF the question
continuously engaged in Inc trial Of cases for nine
months and was unwilling to give up his recreation
s @ Sc ne
Mr.. Townsend said that he desired to add one
word. He came into this case three weeks since,
and upon him had devolved great deal OF the
outside work. He expected,,a his learned asso-
sSns Of Witnesses had been taEsn 's aa
that there would be but little to do after he came
into the case but he found 1t was necessary to 60
all over the case. He had worked night and day.
and as for himself he would say tnat II the Court
would postpone the case till next Monday the wit
nesses on their side would be ready.
Judge Ingraham replied that he saw no necessity
Of postponing it beyond Wednesday.
Mr.. McKeOn said that there were questions aris-
ing regarding which he very much desired to con-
suit Mr.. Tremain
Judge Ingraham said that he thought the present
counsel was perfectly competent to understand all
the questions
Mr. McKeon stated that II His Honor would put
the case or till Monday Mr.. Tremain might be able
to come.
down peremptory for halfpast ten O'Clock A. NJ. to-
morrow