New-York tribune., 1872-07-04


O. You stated before that the respiration at that time
indication that IL not OPIUM A; Lnat Is ehueuco
of shock the pulse irregular, when Is an lnulca-
tion OF a shock; / noticed the eyes also
O. Are not the pupils OF tie eyes oa1ou uhuor 'c III
Wb~ t6ca dia you use this solution If you thought
II was collapse. and knew he conu nov DC aroused a.;
1t was because he looked Ike IT, ana reared wouu
o. We're You near by, and did you examine the post
moTtem carefully yoAa a. fGs ajcd sheie were " OF ~
@ How long do you tninx the entire probing took I
O. Dd You see anything Of the way the stomach
liver, or heart1 A. No. Sir.
O. You believe the shock the cause OF his death
" w. F1sKs SISTER on TIE STAND.
Mrs. Mnns G. Hooker, the halfSster OF James Fisk
dr. was next called TO the stand and testified briefly as
follows;
@. Are you sister OF the deceased A. I am.
Q. What was your fathers namel A. James FISK
Q. And your brothers namei A. James Fisk,Jr
Q. Are you his haf-sisteri A. Yes Sir.
The prosecution here rested, and Mr.. Mckeon asked
for an adjournment which denied by Judge lnSra-
ham Mr. McKeon then opened the for the defense
as follows:
MR.. M'KEoN's OPENING.
GENTLEMEN OF THE JURY: This is one OF the most
important and impressive duties in which have ever
been engaged stand here Of the counsel for inc
defendant, and TO mo has been assigned the duty oil
opening for the defendant six months past he mas
been incarcerated and for the first time we have
an opportunity Of presenting lis defense to jury OF Ills
countrymen. But my first duty Is 10 defend you' gen
tlemen In the public you have been represented
as who have never read anything OF
this case; as men utterly ignorant, utterly
incompetent for this purpose. And what
is the truth! more intelligent body Of men have
never seen convened in jury box. You are unknown
TO me hut those bo know satisfied never say
what do not believe. say That 10 more lnteulGeni
body Of men have never addressed myself counsel
in any case And how have you been seectedt INC
press the great organ. say, OF the country, las
complained of the manner in which this jury has been
selected. No man who sits upon that jury has been
placed there but 10y consent OF the Court ny consent oi
Every man who las come up 60 be examined
juror has frankly told us believe without Single
eScetion tnat he has read something the case and
mad eXIresed an opinion or an expression, and hike in
telhgcIt men, they have stated frankly to the triers
they perfectly free in their minds to hear the
evidence decide according TO the law aud the ey
dence We have confidence in these oathso tao jurors
We believe are addressing men VINO are 10 Do gov
erned by d conscientious sense OF duty. And am gal
we addressing twelve ignorant men, but twelve
this case with all It's pecuares. Let Inc now come TO
the business which Is in hand.
DEFINING MURDER.
Edwin s. Stokes is indicted for what4 He is indicted
in the paper which Ihold in my hand for having the
9Th of January 1872 inflicted q wound James Fisk
the younger from which wound Fisk died The charge
against him Is drawn up in what is called the common
law count and also under Revised Statutes. The
common law count sets forth me WORDS nance nan aIoIS
Thought" and then they have added with the premeu-
itaed design to effect the death of Fisk did shoot nm
and that he died OF that wound on the next day. NOW
l will read to you statutory definition OF
the crimo Of murder: "The killing OF a human
beipc wbout the authority of law by poison shoot
ing, stabbing, or any other means or in anY other
manner, is either murder, mansaughter, or eXcusdDie
or Unsuitable homicide, according 10 the facts and
circumstances of each case. Such killing, unless 1t be
nanslaughter eXcusable or justifablc homicide, as
Lrreinaffer urovded shall he murder in tie following
cases Then perperate from pTemedtatCd design 10
death of the person Killed, or OF any human
being Wien perpetrated by any act imininenty
mind, regardless Of human life, although without
any pemeditated design TO effect the death Of any par
tlcular individual" AS L advance with my reading
Will endeavOr TO remove out OF your minds possible
miscOncepdon. The last is Intended TO cover such
an instance in crowded thOrOughiarre driving
horse furiousy, thus killing person, though not IN
tending to- This indictment has been prepared upon te
first case-that OF killing from "premedated design 70
effect the death Of the person killed. or Of any human
being" There excuses Tor hOmicdes In the revised
statutes IL Is provided that homicide justhabe when
committed by public Ofccrsand those acting by heirc"m-
nand in their aid and assistance, either ~ obedience 10
any Judgment of competent court, or when necessarily
committed in overcoming actual resistance TO the eXccu-
other legal duty" sc. such homicide is also justlbe
when committed by any person in either OF the following
cases. "When resisting any attempt 10 murder such
person, TO commit any felony upon hun or her. or
upon in any dwelling house, in which sucD person
shall be- or, when commit yea III tne la"lu ueIehse VI
such person, or OF his or her husband Wife, parent,
child master mistress OF selEand nEen @ onete W t sn T
reasonable ground TO appIehehd oeSlgn 20 Solii1 NJ
felony do great personal Injury and there sha
be imminent danger of such design being accomplished
wish you 10 listen again TO that PROVISION, %heh % ne rs
placed under such circumstances as That there shall
"A reasonable ground dpIfeuc0u utNlSn
felony, or TO 90 some great personal ll1u!
and there shan be imminent ,, danger tEe homo, OF
eide The next thing is will explain to you, the
killing where the word manslaughter comes. man
sIaneafeT and will read to you what that is. 1.-THE
killing OF another in the heat of passion, without design
in The third degree In regard tie degrees Of punish
ment shall not trouble you. NOW IL is unIer these pro
visions regard TO murder and the lesser degree OF the
crime Of mdnsauGher that TINS case Is 70 DC presented
THE PRIVATE PROSECUTORS ARRAIGNED.
This case had it been ordinary one, would not draw
from me such remarks it is about to draw. These law
books which have before make prosecutions Of this
kind in the nature of public official acts 10 be conducted
by public officers, and not to parake Of the nature Of
private prosecution. In this charge is distinctly
to the DsTicUAtoney, and TO his race that ths Is not
a public prosecution but private prosecution. Ihis
display which been made here of private counsel has
been say, but before in the history OF the admin
istraOa o Justice In this 9ate. None OF the gentlemen
who uIeced d MIN in this high Office have had alongside
Of them persons feed by private individuals. l cha-
ienrp him TO point TO a single which has been
sisted by private counsel The only cases IN Whch they
Mace Of the pnbc prosecutor just think what power
+ Welded by that officer. The District Attorney at
once convert elon into an honest man by converting
him into witness and he is a credable one II the jury
choose to believe him. Further tn9n that, l know
the power has been exercised. and properly, 700,
OF entering nOie prOsequis in cases OF life and DEATH
and thus permitted persons TO walk of the scaifod The
Dstrct-AttOTney into the Grand jury fOOm ana
tell the Grand Jury, If yOu ndict this person. VIII
Immediately enter nOie proSeQui, and tell the man TO
And when be holds that power deny that any public
should allow private prosecutors to be asso
ciated with MIN. You have seen tho widow OF the de-
ceased brought here, attended by another What for
TO have an effect upon you. Would he ever have
the widow Of a poor Irlshman. killed in
the street, brought here, as he brought them I
IN was because Fisk was power in the land, ana who
although dead, exercises power to-day through his
Surviving associates 1t is appeal to appease that
power. What further am sorry for my profession.
Nv life has been devoted 10 IT, The profession which has
given to the country of its brightest ornaments-
~ have seen that profession sacrificed in the present
instance say it 10 the gentlemen here ponilng 10
Measrs Beach and FullertOn) for money.
They are here assisting, and not only here, but at
every stage Of the prosecution, and L VIII ask
who paws for these services And. what is than
ALL these two gentlemen have received from this prs
oner over 1000 III money, aud at the very time that