The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-20
Objection to Private Counsel to Aid the
Prosecuting Officer Raised and Ruling
Thereon Reserved by the Court.
Swearing Jury with the Usual Success
Only Two Secured ut the Adjourn.
ment Of the Court.
FIRST DAYS PROCEEDINGS.

Edward S. Stokes. This shooting, which has led !,
after intermnable legal distractions and delays, to
the opening OF the trial of Stokes yesterday for
MURDER took place in the hail and stairway leading
to the ladies' parlor In the Grand Central Hotel,
ending fatally In the death OF Fisk the following
morning. No similar occurrence had for years
created a sensation equal TO that which followed
upon the death OF the victim Of this shooting. Few
men had stood for some few years previous to his
taking or so prominently before the public as
Colonel Fisk In various ways--as the great rail-
way magnate, the monetary potentate OF Wall
street, the daDbler in opera bo,De the admiral OF
1eet OF magnificent steamers, the colonel Of
crack regiment, the liberal dispenser Of great
wealth-his name was In the mouths OF all men.
His eccentricitcs In private life were as varied as
his public pursuits and almost as notorious, an d
when the news OF his death got abroad 1t was the
allabsorbing theme of comment and conversation
throughout the city for many days.
THE PRISONER STOKES
was also pretty widely known, but principally
through long litigation with his victim, and
through the circumstances which led to that litiga
tlon, and In which the notorious Josie Mansfield
played prominent part. On the very day of the
shooting the parties had gone through one of the
phases Of their legal conflict at the Yorkvile Police
Court. 1t was only brief hour or twoafter the ad-
tournament of the case and while Stokes was taking
bers street. with his counsel and couple OF friends
that 1t was unfortunately intimated to him that
Fisk had that day had him indicted by the Grand
Jury OF the Court OF oyer and Termner IN conjunc-
ton with Josie Mansfield, for conspiracy to black
mail Maddened by this ill-timed information,
which, true would destroy all chances OF success
In his suit against Fisk, he Immediately after left
the company Of his counsel and friends, and pro-
ceeded forthwith in quest OF his foe and rival, and
Hal It'll. -
to all The shooting, premeditated and murder
GUS, or unprecedented and In selfdefence, has to
be determined by the jury that shall be empan-
elIed to try the case, and which 1t was the pre-
hmnary work OF yesterdays session to accomplish.
Result at four O'Clock when the Court adjourned,
two jurors
FIRST DAY OF TUE TRIAL.
After an unprecedented and successful interven-
ton Of legal distinctions and delays the part OF
the defence-the trial having been postponed from
18th January, the first day on which the prisoner
was arralgned on the Indictment Of the Grand
Jury-the trial Of Edward S. Stokes for the murder
OF James Fisk, Jr, has been postponed from time TO
time till peremptorily set down by Judge Ingraham
for yesterday. 1t was, up to the last moment, how
ever, very doubtful whether the ends OF justice
could be even so far subserved as the commence
ment OF the trial then. 1t was feared that Judge
Ingraham, after his nine months unremitting atten-
and harrasslng by the resignation OF Of Judge Car
dozo and forced absence of Judge Barnard, would
be unable to enter upon criminal trial OF such In,
pOrtance as this. The learned Judge, however
anxious to meet the general demand OF the public
disguised at the laws delays In warding or punish
ment from the guilty, or entailing unmerited wrong
upon an Innocent man-nerved himself for the task
and yesterday the trial was proceeded with.
OPENING PROCEEDINGS.
The hour fixed for opening the Court was half
past ten. full half hour before that time nu
merous statf Of reporters were already assembled,
securing their seats, which they so ehectually did
that but scant place was left among the audience
within the bar for the later Corners. Ten minutes
after the opening OF Court the prisoner
Stokes with the usual guard, was brought
into the court room, through which he
tion to the Court, before which he to stand
trial for his life. He bore himself throughout the
day with his usual nonchalance smiling and talking
with few friends him during the proceedings.
few minutes before halEpast ten the doors were
opened and the rush nom the outside for seats
commenced. The court room was filed almost in
stantly the seats inside the bar as well as outside,
being all occupied Among the occupants Of the
former were some half dozen ladies. From the
police arrangements outside the room was, at no
part of the gay, nconyeniently crowded. The aged
father of the prisoner sat near him all the day. At
halfpast ten TO the minute His Honor,
JUDGE INGRAHAM,
who will preside at the trial. entered and took his
seat ON the bench. Then quickly followed the
prisoner, his guard, with Sheriff Brennan at the
Nedu, COuuSeI lot tne prose-
cution District Attorney Garyin leading The
Court of Oyer and Terminer being opened by the
C Ce % mt the u5qa hoyg cn Ana m SPARES
Jurors, District Attorney Garyin rose and moved
EDWARD 8. STOKES FOR TIE MURDER or JAMES FIsY,
on the 9th day OF January 1872.
CHALLENGE TO THE ARRAY
Mr. Mckeon presenteda challenge to the array,
on the ground that the Commissioner had not
properly prepared the general jury list and that
the drawing and SulQIuOQinr OF the Duuel mad
The District Attorney dcmurred to the challenge.
and Mr.. Mckeon joined issue on the demurrer,
and, meanwhile, sent for some books.
Mr.. McKeon argued that, under the Revised stat
the city and courty, but that in ls47 q law was
passed providing especially for the jury list in New
was intended, no doubt, substitute for the act
OF ls47, but was, by its wording merely an addition
ofjurors each May the arrangement Of their names
alphabetically, and the giving OF the ward place of
ienge he had negatiyed this in the words Of the
statute. 1t provided that certified copy Of this
list should be filed with the County Clerk, and
box. They denied that this had been done.
In examining this list he had found very few omis
sions he must confess: but there were omissions
and these were violations OF law. He had also
found on the panel something else-the name OF the
brother OF one OF the counsel sitting beside the
District Attorney, who had been lifting within tho
bar, apparently DESTROYS OF going on the jury.
Mr. Beach asked ior his name.
Mr.. McKeon-Mr. BENJAMIN Fullerton.
Mr.. Garyin-We are willing TO excuse him.
MI. Mckeon said this was not enough. Counsel
mad heard his name called twice without obJectiDg
apparently unaware OF the ndelicacy of the matter
~ looked as there was purpose OF vengeance on
the part Of
Judge Ingraham checked Mr.. McKcon, saying that
ne thOnght these personal illusions to counsel
should be avoided, as he hoped they would be here.
after.
Mr.. McKeon said he should not make such allu.
sions except where he thought his duty TO his client
required IT, and he trusted that he should then be
able to couch his language in form suitable to the
Court.
Mr.. Garvtn, In support OF his demurrer argued
that the provisions OF the statute were merely d.
rectory and that when proper panel had been
drawn the omission OF any OF the incidents pre-
scented for the mode OF drawing would not inval-
date the panel He cited In support OF this largely
rom the Friery case, In which this question was
thoroughly discussed.
During the argument ex-Judge Comstock took his
seat beside Judge Ingraham.
The District Attorney asserted that unless these