New-York tribune., 1872-06-21
TIE STOKES TRIAL.

SECOND DAY-PRIYATB COUNSEL ALLOWED-TWO
MORE JURORS oBTAINED--A DULL SESSION.
The trial of Edward s. Stokes was continued
Yesterday ia the Court of General Sessions. and two
more Jurors were obtained thus making four In two
Ja,s At this rate Il will take until Thursday next %
reach tho actual testimony relating 20 tho shooting Of
Fisk The encounter between Mr. McKeon and the Dis
trct-Attorney IN regard TO the exclusion Of Mcssrs
Beach and Fullerton from the position OF private
sci to the prosecution md tho posponement Of the de-
cison OF the Court until yesterday morning, excited
much curiosity TO the result m tho minds OF the many
spectators present The report was circulated that
Judge Ipgraham would rule out the counsel
in question, which, 1t believed, would be
Of great antage for the defense Stokes early
his place, accompanied on the previous day By his
father. The proceedings OF the day duh and
paraivey uninteresting, especially during tho after
noon, which was spent in rutles5 attempt 10 secure
the fifth juror.
The two Jurors obtained on Monday-Meyer Homberg
er No $50 Broadway, aud Roderck HOgau No. 9T4 Bow
erytook their places jurors and trer aud tho Court
was formally opened. AS expected. Judge Ingraliam
had no sooner taken his seat than he delivered his de-
eIson follows the question Of the private counscl
1t is the duty Of the District Attorney TO conduct oil
prosecutions In the Courts OF this State. X e ed 700
When the District Attorney cannot attend the Court he
IS directed to appoint person 70 act IN HE cased
criminal may be conducted 10y other counsel than
the public prosecutor II does not appear In tins case by
EMPLOYED but they are there with the consent " the
District Attorney have 10 doubt of the authority OF
the Disrict-AOrney 10 employ counsel 10 assist him In
the trial Of when he thinks It necessary Tor TIE pro-
motion OF justice. o,
may employ additional counsel In prosecuting suits ia
which the people party The practice has been al,
ways recognized the power OF the Attorney}enera
20 employ additional counsel at the expense Of tho state
have remark 10 mako as 10 the propety Of counsel
receiving fees individuals for the prosecution OF
criminal cases No such case mas been presented 10 mo-
Of opinion that either the or Ator
haaf lhnFf ~ Al
sci II they see lit TO do W.
Az soon as the decision announced Mr. ncKeon
said The counsel admit by their silence that they were
paid by private individuals for their prosecution cf this
case. am prepared to show that they were the paid
counsel Of tho prisoner at one time.
Judge Ingraham--That does not alter the case,
Mr. MeKeon-one Of the counsel went before the Grand
Jury TO ndict Stokes
Mr.. Beach, cannot permit that remark TO pass with
out some notice for the purpose Of ustfyng myself IL
is true time counsel In civil action for Mr.
Stokes and by consent OF Mr. stokes was afterward
permitted to appear In gOnism him. did not DO
Il until got his consent. Now may DO permitted 10
his counsel and knew him IN social life. has
been the least unpleasantnsss between u aud not for
single moment have entertained single sentiment of
Mr. beach sat down. and turning 10 Stokes said pleas
anty That ID all right, Ed is 1t notf stokes nodded
slightly smiled and bent his face upon hs hands The
ineident was not Lost upon the speo.ator. Was tho
and crossqueston, aud 1t seemed TO MAKE the court
more cheerful A moment hterWAfu IL had passed,
ana the examination was begun.
The first juror called was John W. Weston, Wall-st
broker who seemed 10 possess the most satisfactory
dton OF mind possible, but rejected peremptorily
r. III. Frank and Jacob Fusse were found Incompetent.
Tbs former peremptorily challenged and the latter
was allowed " stand aside.
THIRD JUROR.
The next gentleman who took the stand proved 10 be
the third juror His name s Bennett c. Williams and he
IA lace merchant dong business at No 77S Broadway.
His examination elected the curious fact that he had
never read word about the shooting although he had
been shown the staircase whore the ARRAY occurred
lie generally read the papers but avoided the murder
columns. This gentleman was considered admirably
suited. and sworn, by general consent the third
juror
Charles Frankstein rejected for being opposed to
the death penalty. George Hess, sculptor rejected
for having "a decided opinion To tho prisoners guilt
Aaron Burren rejected Tor similar roasOn ana 50
was George w. BuckhOut.
Henry g. Boyd manufactures. No. sos East Eighteenth
S. had no bias tor VI against tho prisoner but had