The New York herald., 1872-12-27

threaten to KIN Fisk without utserlng WORD;
have not thought the matter OVER much.
The appearance OF this wytness on the stand
caused somewhat Of 2 sensation in the court room,
but 1t subsidized after he had hnished.
recess for half an hour was here ordered.
After Recess.
The Court reassembled at half-past one.
THE EN0NAERs TESTIMONY.
Patrick McGowan was placed on the stand and
said he was engineer at the Grand Central Hotel;
saw man with white 0vercoat on In the mann
r There's as man % SHOT get DOCTOR" the witness
| Hart was a little behind me at the time rec0g-
nize the prisoner present as the man @ saw nsr Wsr
| took him in charge; went down stairs as stokes
was being taken up stairs ! saw the prisoner
! again the same night-6th OF January-at the
on ncrOss-examnation-I was at the foot OF the
| stairs when Stokes came down: went Ia search
OF officer after had brought him to the ONCE;
was the first man who took hold OF him; gentle
y e MIS- nana nr ~ the prisoner
bewildercd and pale; don't know who the gentle.
man was that spoke 10 stokes tne latter answered
| injured ; when the prisoner was brought to the
Office Mr.. Powers said 'Here here, here;' nothing
| THE PROSECUTION WANT TO ADJOURN.
Here long consultation took place between the
Colonel Fellows said :-"Your Honor, there are a
| great many witnesses whose names are down on
our iiSt. DuL VINO nave not attended. AILcr DflcI
consultation with the gentlemen they had decided
that the evidence OF these witnesses was not very
material and therefore they had concluded to rest
the case for the prosecution at tbs time, rcserv-
lng OF course the right OF introducing the remain
ing testimony IN the way OF rebuttal at subse.
quent period. think, Your Honor, that IL would
expedite the business Of this case if we were to
| have an adjournment till tomorrow morning."
| HIS Honor said that he did not feel disposed to
grant the Indulgence asked He thought that the
! counsel for the people had had plenty Of time in
! which to consult during yesterday and early this
morning.
Messrs. Fullerton and Beach each urged an ad-
| journment, but the motion was denied.
Mr.. Treman said the defence would be prepared
In twenty minutes time to go on with their side
of the case. Their opening would probably take
Another consultation here was held between all
the counsel and finally another recess for hall an
hour was ordered, upon the application OF Mr.
| Beach.
COLONEL FIsK's PRIVATE SECRETARY.
| The prisoner was again brought into Court at If
teen minutes OF three, at which hour John II. Conner
testified for the people. lie said Colonel Fisk,
/ whom was acquainted with, died in q chamber or
the Grand Central Hotel on the 7th OF January, in
the evening OF that day; identity the clothing now
ceased at the time he was shot; the coat looks the
same as When 1t came into my possession after the
shooting; counted five holes In 1t at that time
| and see the same number OF holes In it at thus
| time.
Crossexamincd-l was not present at the time
| Colonel Fisk was shot, but, to the best OF my
knowledge and belief, the coat shown is the same
worn by him; was Colonel Fisks private secre-
i
OF Colonel FisK's estate; have notified witnesses
for the people, whose address knew, to be present
! edge whether counsel are employed by the estate;
! WAS NOT SWORN BEFORE;
cannot swear positively on which side Of the coat
We're the lour perloratlons that ! saw; there was
one perloration midway between the shoulder and
the nip; that made the fifth hole; Colonel Fisk
was upwards OF thirty years OF age, and
weighed, perhaps, little over 200 pounds.
LITTLE FUN.
Colonel Fellows requested that the witness put
Ii q N
the manner OF wearing 1t and TO point out III Z
holes.
Mr.. Tremain said they did not propose to have
experiments tried at that time QaughtcU-
unless they would be allowed to fire the pistol
Mr.. Beach said he did not propose to notice
such leyny, the proper time would come lor that.
tried on he should insist upon the witness trying
on the pantaioons as wen, to see If a pistol could
be taken from the back pocket and discharged
The Court refused the request Of Colonel Fellows,
and Mr.. Townsend, Of counsel for the prisoner,
arose to open 1or the defence.
The learned gentleman menccd his address to
ocock. % s lie alluded to to- the as persecution @ whee when
the prisoner, Stokes had suffered at the instgaton
OF FISK; 10 the Infamous play OF
''BLACK FRIDAYn
at Niblo's, In which the deceased was pictured as
a paragon of virtue and the accused the
earth, for the purpose of prejudicing pub
lie opinion and Of bounding the prisoner to an
lectly satisfied with the jury that were sitting in
Judgment upon the prisoner and felt confidence in
the Integrity OF the honored Judge presiding.
WHAT COUNSEL KNEW OF FISK.
Counsel went on to present the characteristics
OF the man who had been shot, and whom he
stamped as an Infamous. bad and most corrupt
man, who probably the twelve men sitting there
as jurors would not consent to bring
the power of SO doing man, he continued, Who
owned New York city, and who used to manipulate
corrupt judges with the same freedom and shame
as hp shocked tecenCy n
regal style down Broadway In the company OF
notorious courtesans. Wh6u tire counsel spoke OF
OF the counsel on the other side, and INDUCED In
some additional illusions calculated to give offence,
prosecution would be permitted ike latitude in lis
closing to reply 10 the impntations Of the counsel
which lie stgmatized as gross improprleties and as
SOME MORE FUN
Mr.. Townsend-I hope the gentleman will be
allowed to explain what has never yet been ex-
Mr.. Beach-what is that sir?
Mr.. Townsend-The presence OF himself and asso-
cate us private counsel at this trial.
elimination and recrimination were in order for
the ensuing quarter an hour, but were finally put
the propriety Of the counsel continuing his ad-
dress without bringing in matter foreign to the
issue.
In continuation, the speaker said, they were
prepared to show that Stokes was walking past
the Grand Central Hotel, accompanied by friend,
on the 9th OF January; that the prisoner crossed
to the hotel TO speak to lady who recognized him
from window as an acquaintance; that he
passed the parlor In which this lady was standing
two or three times, and
FINDING THAT He HAD MADE A MISTAKE,
went to the head OF the private staircase for the
purpose OF leaving the hotel, when Fisk was IN
tine act OF ascending; that Fisk as soon as lie saw
Stokes, drew pistol, and was IN the position of
discharging the same at stokes.
The counsel brought his address to close at six
minutes to four L. NJ, when an adjournment was
had until this morning.