The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-30
s 7 Q K E s.
Tho Stokes-Fisk Murder Case
Again in Court.
Argument to Quash the In
dictment.
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SPICY TILT BETWEEN COUNSEL.
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Appearance and Bearing of
Stokes.
Decision Reserved Till Thursday
Next.

lanes Fisk Jr. in tine Grand Central HOTEL In this
city, on the 9th day OF January last was passed IN
the Court OF Oyer and Terminer yesterday Long
before ten O'Clock the doors OF the court room were
bes,eQed by an anxious crowd. eager Tor admit
rance The precautions Of the officers, however,
we're well TAKEN to prevent an overcrowding, and
It was only after the Court was opened that just
sancient number were admitted to fill the room in
mde and outside the bar
The prisoner was early taken from his cell in the
Tombs and conveyed by Sherien Brennan and mis-
House. Precisely at half-past ten O'Clock the pris-
sner arrived, ana, closely guarded by the sherin
and his Deputies, took the seat assigned to him.
close to his counsel.
THE PRISONER
was somewhat differently dressed than on the pre-
viOus occasions wnen ne was brought into Court.
The gray coat was wanting, but otherwise he was
a. tasterully attired as before. He did not look
quite so haggard or ANXIOUS as previously, and,
throughout the proceedings, frequently looked
around the room, allowing his gaze to rest I'M
abashedly upon the audience in front anu on either
side OF him.
OPENING PROCEEDINGS
At half-past ten Judge Ingraham entered and took
hts seat on the bench. Almost at the same moment
the prisoner entered, followed by hts numerous
counsel. District Attorney Garvin and Assistant
District Attorneys Sullivan and Fellows were also
In attendance. Mr.. Garvin having signifcd his
readiness to proceed with the case Of the People
against Stokes, the prisoners counsel rose and pro-
ceedea to address the Court IN support or his
MOTION TO QUASI THE INDICTMENT
found by the Grand Jury OF the Court Of Oyer
and Termner against stokes. He said he had
given the District Attorney notice Of motion
to quash the Indictment, and would make pub.
lie most atroclous attempt to obtain an
Indictment. The Grand Jury were given
the case in hand before the Coroner's jury
had given their verdict. AS to the Coroner, he had
used every effort to keep back the facts OF whether
or not the deceased was armed and whether the
array was between weaponlcss man and one with
arms. The Coroner, he said acted In the matter in
excess OF hrs authority. On this question counsel
quoted the statute Of 1870 regulating coroners' IN
quests. He could not find any statute making the
Assistant District Attorney counsel for the Coroner,
and yet the District Attorney acted in that capacity
during the entire inquest 1t was evident that the
Coroner intended to obtain murderous verdict.
1t was only alter three hours dellperatton that
q verdict was rendered. which showed "that
there were some solid men on that jury" After
wards the Coroner's attention was brought to the
Revised Statutes, which regulated that the Coroner
could not return the papers OF the examination to
this any other But the papers were trans
lerred clandestinely and given to the Grand Jury,
and the District Attorney comes into Court in all
apparent fairness and that early DAY be set
Tor the trial. This statute was to prevent undue
haste, but 1t was passed over; the hungry NAV OF
Justice could not little longer Tor the sacrifice.
Counsel next referred to visit which ne to.
Rether with an associate, paid to Coroner Young
nc his residence. In the conversation which TOOK
place al the time the Coroner said he would en-
and would 20 over The City Directory to get
the most prominent men In the city, and those
not acquainted with either Stokes or Fisk serve
On the jury. And yet, IN the lace Of all this law
yer, named Maunscll Is. Field, was introduced into
sne Jury at ms own ire request although his name dld
This man knew Fisk, and from his acquaintance
with HIM was preudiced against Stokes before.
hand. verdict was brought In Dy him which
was almost as formal as an indictment, and had
In 1t the words "felonlous," 'premeditated,' and
Counsel then ALLUDED to the part taken by ex.
Judge Fullerton in connection with obtaining in
dictment from the Grand jury. He said he was
action OF MIR. Fullerton as most outrageous, and
that It would ID not be sustained by any honorable
FULLERTON HAD SUED STOKES
for $1,000 counsel fee, which the latter had refused
IN enemy to Srokes and had gone into this matter
IN q way which no one could regard but with dis
indicting Stokes and Mansfield for conspiracy Full
lertOn and Q lawyer named Morgan who had been
Fsks standing attorney Ior years and attorney for
umOny, thus showing their connection. Fullerton,
wno from ms being counsel for stokes, had become
acquainted with all his secrets turns against and
gives his evidence against him.
CounseI then read the prisoners afiidavit as fol.
lows
Cay and 0,mty II Neg rorl. edward Stokes. the de-
That, By bis counsel. verify
10 King tie tho
:ne an inst rev hour. after the death Of James Eisk
became very communicative to them as to the
be q 10
% .s the rn OF or me-
and tina. they mad been pcsed out with reference their
posed fairness and dsnerssedness he had himself no
sens in the matter either way tina, be meant 70
truth 10 matter whom sec,ed iha. this last expression
''p'a:s S and The s
s the 70
S. sscad have the most complete Justice done
"senaed al 70 The requisite
e bring forward al. the testimony which could by posi-
be nIs became Coroner the Coroners Office enjoyed bad
form BIS oca duty solely under the guidance Of hi: ocia
% he e s, ss
temp,s upon him were unavailng; that he was com.
sf the law governing coroners u jaries wSeas
TO $ y S a s :r s
yersaon urther and whatever further said done
Of legal proceedings when all parties would be within the
view and hearing or the public.
this deponen further saith, that before the testimony
into all before the Coroners jury the after
the 9Th (Which the rst day of the proceed
tngsl, Of this deponents counsel addressed the
Coroner intending 10 him two matters prelim
narv Of winch. account Of the interruption and
apparent rnwingness of the Coroner to listen to him.
The counsel has informed this deponen and he be-
leves he unable TO suggesto the Coroner at ALL That
FIRST the propriety OF exhausting all
the evidence atanabe TO the condition Of the
the he shot place beyond all doubt the
whether deceased himself armed AZ that point
of second that the sstues did the coroner
make of his proceedings to the Court before the
FIRST Monday OF February next which gave MN
nn... ampe ,b opp0r mo asberp,e manner ensbns
him to elicit the whole TRUTH he had promised be would N
the conversation of the previous afternoon ABOVE referred
Co. That the second OF these matters was not alluded 10 a.
that stage Of the proceedng and for the reason already
stated this deponent ID informed by the counsel WHO
addressed the Coroner, and az he verify believes
And this deponent further saith that the an
naked schedule marked "a" contains q report
OF the proceedings 49, before The Coroners jmJ
Of the daily newspapers publisher in the city OF New York
and that, 70 be FUNDAMENTALLY cor