The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-06
TIE FISK-STOEES TRAGEDY.
Another Day of Demurrers and
Pleas for Time.
The District Attorney on the Is.
sues Raised.
ADJOURNMENT TILL MONDAY NEXT


Another brief and uninteresting session OF tho
Court OF Oyer and Termner, Judge CardOzO pre-
siding, was held yesterday. 1t Will be remembered
that when on Thursday last Justice Ingraham. sit
ting IN oyer and Terminer denied the motion to
quasn the Indictment OF Stokes for the murder of
James FISK, Jr, his counsel put In some pleas in
abatement-that is, pleas to the regularity Of the
proceedings under which he was indicted-and that
the matter was put over 10 ten O'Clock yesterday to
permit the District Attorney to examine and take
action on the pleas. Judge Ingraham's term
Nhe December term) having adjourned sine die
without action stokes pleas half an hour later
the new term Judge Cardozos term was opened.
At this abbreviated session the District Attorney
and all Mr. Stokes counsel and his assistants were
present. Almost Immediately alter the opening OF
the Court
THE SHERIFF BROUGHT IN STOKES
whose pleasant smile yesterday must have ap.
peared to many the same as when he walked Broad
way.
THE GRAND AND PETIT JURIEs
Promptto time Judge Cardozo took hts place on
the bench; the new term duly opened with
more proclamaiions than usual. The Grand Jury
were called, but only fourteen being present they
were discharged to Monday next.
The petit Jurors were called, and q fine OF 500
imposed on each OF the absentees forty-two In
number. Those answering were discharged to
District Attorney Garvln rose and, addressing the
Court said that at the. last term Of the Court am
Stokes had interposed seven special pleas. To the
nrst SIX pleas, ne interposed denurrers, and the
seventh he traversed. His pleas would be furnished
on the other side IN hour
Counsel said there were some errors OF dates
they desired to correct in their pleas.
District Attorney Garvn said that he was quite
willing the lmmateral mistakes should be cor
rected, provided ne was permitted to do the same.
Mr. Mo ooh pI hA n lnh IN n
issnesp
the District Attorney said he supposed they must
try the traverse before q jury.
The Court asked whether they proposed to argue
THE DEMURRERSY
Mr.. McKeOn said no. they supposed Judgment
would go against them on true demurrers, as Judge
Ingranam had decided them In the motion to quash.
They mad raised them oy plea so as to have them OH
Justice Cardozo said he had not proposed to
by Justice Ingraham. and three of them by himself
III the Foster The traverse would nave to go
to the jury, OF course. When did they propose TO
have
THAT PRELIMINARY TRIAL9
Mr. GARv1N suggested that IT. be As soon as posi-.
| be time was moving on.
| Mr. MCKEON said that the case depended IN great
measure on the testimony OF the Commissioner OF
Jurors now absent IN Havana.
The COURT supposed that it would take some
THE TRIAL FOR NEXT MONDAY,
and directed tho slmmonlng OF an extra panel OF
900 jurors for that day.
The point which is TO be tried next Monday is a
mere preliminary point, no. whether Mr. Stokes Is
guilty, but wheiner the list OF Grand Jurors from
which the December Grand Jury was drawn was
made In compliance with or violation OF law. The
real trial Will not commence until after the jury
nave passed on that preliminary point.
DEMURRER.
Court Of Oyer and 7rmncI, County Of Neo YorhThe PEG:
Sersupon samuel B. Ga9vn District Attorney Of the said
a. sS sw s ne
pleas the said Edward s. Stokes and
OF them by him above pleaded and set FORTH that the
said several pleas and the matters therein contained
and form the and each OF them above
clude the said the people OF State OF New York from
prosecuting the said indictment against him. the said Ed
ward s. Stokes and that the said Samuel Garvn Dis
tict Attorney aforesaid bound by the law of
land the people of the state of New
sufficient plea behalf the said Samuel b. arvln Tor
the people or the State OF New York. judgment and
that the said Edward Stokes may be required to answer
SAMUEL b. GARvIN District Attorney
EEPLIoATIoS TO THE sEvfNTn PLEA.
Curt n Oyer and ssfmner. CIuHty w Nep Tork.The
People II ~ Stote II Nar Yo,k Eirari $. S,ohss
pie of the state of New York aforesaid further says as to
the said seventh plea of the said f. s. Stokes by him above
pleaded that by of anything in said plea by the said
Of state of New York ought TO be precuded
prosecuting the said Indictment against him. the said f. s.
Stokes he that the indictment found
and Grand Jury good and lawful men, duly
qualified TO grand jurors ling 20 law and that
the said Grand Jury duly selected. drawn
moned according attend the said Court the last
December thereof by the said Court at the
said term duly and empanpelcd e Inquire &C. for
city and county OF New York. and that the said finding
ward Stokes. Aud this, he be inquired of bv
the county. SAMUEL H. GARVIN, District Attorney
The prisoner then removed in charge OF the
Sheriff and his officers with the usual precau-.
tiOns-the prevention OF persons leaving the court
room till some time after che disappearance OF the
prisoner.