The New York herald., 1872-07-13

jury, with its couple of pockets) and SEQ how
s ss S.as aS eSs Ssd .CS
Morse, who took the cape he had been on the
Coroners Inquest but the prosecution had not seen
had charge Of Fsks clothes That evening. The tss-
tim0ny OF DR.. White was that there were fifteen or
4 the Ssn rst oa
there were numerous other theories that might be
Of the prisoner which had not been removed
by the evidence for the prosecution. There
the had Ua ~ Se
on the s0fa. or who could doubt that II had been
placed there BY some one else.
The conduct OF tho prisoner after the shooting,
and his saying "rheres man shoti go and get .
theory than that Of justihable homicide Take too,
the evidence OF Moore who had come to the assist
ance OF Fisk, and had heard him say Hes too quick
this tme.n Look again at the testimony OF House
man, that
rHIcKLrPPED AND MsoLENr DARKBY,
who was still proud of his connection with the for
mer Prince Of Erie. He had said the second time
that he was examined that Fisk had no pistol,
slihough he had stated 70 Moore on the day q the
know he was fixed" Flax himself never &C.
cused the prisoner Of murder. When Stokes
ico9ns SsH up atSpHsYS I aa sos nfE IL
never complained to his physician Of tho conduct
the "green bellyache Of Vermont" but he had
never uttered one syllable Of complaint against the
prisoner.
hANsPIRLD's WARNING.
that she had warned the prisoner that his
danger Of his s % THIS Was anu rshsr s es.acsned
BY the evidence. Of Miss Williams and
Wams il was also Shown that the deceased had
many pistols, and the former said that on repeated
occasions he armed himself with pistol on Black
Friday, for instance, when this man In the pride
and arrogance OF power ruined thousands Of men
by raising the price Of gold, and when he went to
to Jersey-to use the expressive phrase OF Miss
Mansfield, ION all State OCCASIONS he was armed"
was attended with very peculiar circumstances.
FISK AND JOSIE.
At that time the suit Of Mansfield against him for
cuniary terms to close the suit but made Il con-
dition that she must come back and live with him:
e. suit ana Mss
field warned Stokes Of the threat Thus it was
that the last time the prisoner saw Fisk
deceased had formerly boasted to Stokes that he
reputation Of Eaton by false amdavits, ana then
subsequently q plys,Scaiiy atttaSxing HIM FISK
came back and said that Eaton had been attacked,
and whether he was dead or alive, he did not know.
and in place Of going to bed lit up the gas all over
the house, and could not sleep. What nexts The
THE CHARACTER OF THE DECEASED.
as known to the prisoner, when he met him on the
staircase. The prisoner swOre that he knew Fisk's
revengeful man, who would stick at nothing to
attain his purpose. The prosecution had been
challenged to sustain Fsk's character, and might
humane citizen He tthe counseD had desired tS
have that testimony put n so as ia have the oppor.
friends OF james Fisk who would thus have been
put f0rward-fOr by reckless prOfusOn OF other peo
ple's money the deceased had no doubt made many
frto nho mi haQ a6 n 1Vnit hn
true character OF the deceased.
NO FRIENDS.
Where were Jay Gould and William NJ. Tweed and
the others who were accustomed to gather around
his state dinners Not one OF them came forward
to speak word Of kindness for this fallen ceftain.
With them, discretion had been the better part OF
valor and the jury forced, therefore, to take
the character Of the deceased, as given by Stokes,
FOLLOWED BY BIO oDnouNps.
The prisoner had known for long time that he
had been trackeSs aud shadowed by Fisk's blood.
hounds. Mr.. Shanks hau ~-'lieu 10 having been
In company with stokes whom he eAe. TING fol-
lowed. Long before that Stokes mad been unable
to sleep even In his fathers house, without pistol,
owing to his apprehensons Of Fisk. 1t had also
been shown how great was the power of the de-
ceased. Fisk had bOasted to Stokes Of his in
fuence over the courts, and he said that he had
State Prison. If there had ever been case where
the pistol had been Justly used 1t was in that Of
Stokes IN the instance nee There We're cases
to do him justice, was justified In taking the law
into his own hands, and this was certainly such
case. Enough evidence had at least been given
that the prisoner had reason to believe that he was
in imminent danger OF his life from the Prince Of
Erie.
Fisk had erected castle in the heart Of New
York as remote from the grasp Of the law as the
caves and dens used by the brigands OF Greece or
Italy. lie had brought over iIty dancing women
trom Europe. and had carried on theatre In con-
had given state dinners; he allied himself
with the representatives OF political. power,
yea to con e ana hpd hs
ccnturi in the New Testament, he was surrounded
by legons OF servants, and ne said to one go and
Rome in the days OF her decline, with all her ex-
amples OF profllgacy and RIGHTEOUSNESS, never pre-
sented such an Instance Of vice as was presented
brain that the physicians eXultingiy declared was
equal to that webster all these powers and abilities
were prostituted TO that demOraiZed struggle for
wealth which arises from carrying out the doc
trine that you must get money, honestly fyou can
but at any rate get 1t.
THEN AND VOW.
MI Trematn then said that he did not wish to
say that the mere fact that Fisk was q bad man
was u sufficient justification for murder. But
there was u law of God that men who lived by the
sword should die by the sword. When Belshazzar
hand writing upon the wall, warning him that his
Kingdom was taken away from him. Who would
have dreamed SIX months ago that this Erie Ring,
which had done more than anything else TO bring
scandal and rcproach upon the American people,
would be so soon Overthrowng Ho (the COUNSEL
Htu cNpeCteu tHNU some eVlucnce would
he gwen that deceased had possessed
some good qualities = love OF home,
love OF religion; love OF the sabbath. But not
word had been given on this ground. Something,
also, had been shown about tho change that had
taken place In the character OF the prisoner In con-
sequence Of his troubles with Fisk. The tempera-
ment OF the prisoner. too, had been proved to be
singularly eXcllahle and sensitive, and exactly Of
that KIND which the law recognized rs entitled to
upon that point. Mr. Trcmain concluded by an
eloquent though somewhat matter OF fact appeal
for mercy.
Mr.. Garvin suggested that the case should be re-
sumed TO morrow, but His Honor insisted upon its
at once going forward.
SUMMING UP FOR TIE PROSECUTION.
Mr.. Carvin then began summing up for the prose-
cuion. After the usual preliminary observations
to the responsibilities OF jurors he said that IL
true now, as 1t always had been, that the dead
man could not speak. The dead were for
gotten; their good deeds were buried
with them: their bad deeds lra 0gcd forward. The