New-York tribune., 1872-07-06
PRICE FOUR CENTS.
STOKES'S DEFENSE.
HIS MOVEMENTS BEFORE THE KILLING
OF FISK.


OCCUPATION UNTIL A FEW MINUTES BE-
FORE THE SHOOTING sHOwS-IMPEACHING
THE EVIDENCE OF WITNESSES FOR THE
PRosECUTIoN-A STARTLING STATEMENT BY
COMPANION OF THE HALL-BOY-HAS
THERE BEEN PERJURY
The Stokes trial was resumed yesterday in
the Oyer and Termner but owing to the late arrival of
of the jurors the proceedings delayed about 40
minutes. Since week the jury have been allowed
and to their homes the adjournment
Of the court. which is unusual innovation the
time honored custom OF locking them mp night dur
ing the progress the traa custom more hODored in
the breach than in the observance" In these sweterng
days The permission to depart where they would
given by Judge Inerahsm, and readily conceded by the
counsel on both Sides observed by some with ex-
pressions OF distrus but advancing civilization which
has so lately shown the faacy Of the ancient rule which
required either ignorance or stupidity as the qualca
ton for jury duty, having long abolished the
tom OF driving them about from circuit TO circuit in
cart little necessity for their practical inn
prsonment during trial.
TheIather mother and sister OF the prisoner occupied
seats contiguous to his during the proceedings yester
day, and wore more hopeful appearance than any
previous day. though even the smile that occasionally
shOne upon the countenance OF the young lady could not
dvest 1t OF the shade OF melancholy which part
of her expression 1t noticeable that there was no
effort the part Of the ladies TO enlist the sympathes
would have remarked the actual sohciude they
felt in the proceedings.
The for the defense began with the reading, by
Mr.. DAILY, Of the minutes OF the depostions Of DIR.
Trpler and others before the Coroners jury 1t is sup
posed with the purpose of showing discrepancies be-
tween their statements then and the present trial.
Mr. Daily then called large number Of witnesses 10
ascertain which Of them present and John Moore,
p II. Collins, F. NJ Bxby, and r. F. Andrews were the
only ones who answered 10 their names.
The first witness called Coroner Young, who testi
fed that there counsel for the people at the in
quest except himself; the questions and answers
all taken down by stenographer, who was sworn.
The design Of the defense yesterday appeared to be to
by stokes's the day OF the homicide
that the theory set by the prosecution that he had
dogged Fisk to the Grand Central and there lay in wat
to assassnae him could not by any possibility be true.
Owing to the frequent objections by the District
Attorney, and rulings by the Judge, much OF the
proof they had 10 submit was ruled
out, and the testimony bearing on the
point necessarily fTagmentary but not than
the evidence of the prosecution TO show that Fisk
followed II will be remembered that according TO one
gambler who testified for the prosecution Stokes passed
the Erie House while Fisk still there, and accord
ing second gambler, entered the Grand Central be-
fore Fisk reached there. Nothing produced to show
that the murderer knew that his victim going to
the Grand Central, that he frequented there,
lame. But the defense, IN rebuttal yesterday,
showed by Judge Bixby that at p
on the day OF the homicide Stokes left Yorkvle; by
Rufus F. Andrews and Francis VI. Bixby that some time
later the afternoon he away down town in
Warren-s by George W CottreD, lawyer, that he was
at the Hoffman House at 9:l5 p M, his way TO Broad
way and Amtyst; by Daniel p. Ingraham jr., son Of
the Judge that at 4:l5 p. he parted with Stokes at
Broadway and washngton-square, and three minutes
later met Fisk going the direction that Stokes
had previously gone. The shooting occurred ten
minutes later. In spite Of the difficulties in.
terposed by the objections Of the District
Attorney aud private counsel, these Efforts
to show Stoes's movements, and to represent him IN
every case in advance of Fisk and in fact followed
by him. in the matter OF time, rather than following
him. were quite successful and apparently made an im-
preston on the audience and jury Mr. McKeon. in his
opening speech hinted at still further evidence showing
that still another gentleman had met Stokes between
Washington-place and the Grand Central, and had
parted with him there while Stokes went IN to see
ady but this witness absent and the defense took
up another important link in the testimony and pro-
ceeded TO show what took place on the stairs The abb
ence Of the witness alluded TO very unfortunate AZ
It destroyed the chronological order OF the testimony
and break of this Sort in the minds Of the jury, Ia
always damaging ana confusing,
The first effort TO establish the actual occurrences on
the gairs was TO mpeach the evidence OF the
ton on this point by showing that the haboy Thomas
Hart had committed perjury by swearing TO what he
had really never seen. The difficulty OF such task s
apparent at glance. The defense in this case under
took 1t by the doubtful method Of introducing boy who
had been with the witness Hart IN the House OF
Detention charged theft. This boy that Hars
had admitted to him that he nothing OF the shoot
ing that he had been paid TO testify otherwise
and that he had confessed TO deliberate perjury
on the inquest. The answers OF this witness thoogh
halting and confused created considerable sensation
among the jury and in the audience, emphatic whls-
pered excamatons declaring the belief OF the speakers
that Bart perurer, were frequent and repeated.
Nothing elected has done more to excite synpa-
thv for Stokes The sentiment In court has all along
been against him; and the testimony OF this witness
uroyoked the first word in his favor. or course, II Is
question which witness shall be believed, and II the
defense create doubt in the mind of the jury, they Will
have accomplished much as they could reasonably
bope from the effort they have made not re-
enforced by testimony. This they hint they have
however at far the other hall boy, Redmond,
is concerned.
The absurd aud persistent efforts OF Mr.. McKeon to
arraign the private counsel associated with the District
Attorney met with sharp rebuke from the Judge yeser
day. and IL is to be hoped will teach him discretion In
the matter he is not likely TO learn otherwise HaVnS
once made the point that these two counsel had taken
stoKess money IN frequent civil SUITS and now appeared
against him in this trial for his life, Mr..
NICK ought TO have His frequent reference
70 the subject has the effect Of making 1t tire
some and when once q lawyer grows wearisome.
on any particular point himself and topic as well be-
come annoying His manner also is painful to jury and
audience, and Injuries his defense by making t appear
abored He labors under the disadvantage OF always
appearing be about to boil Indignation and
however honest it may be, chronic habit of boiling
over becomes disgusting whether in tea pot or the AZ
torney. .,,
ON the other aide the frequent and strenuous obJec-
tons of the prosecuting lawyers give the aude nee the
that they have great deal more to co mccall
than they have 10 reveal and this is an unfortunate
t o. ,bair AIDE OF the case Mr. Beach and Mr. Ful
@ snite OF ali the talk OF Mr. McKeon about blood