The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-07-03
~ A.. -
Yesterdays Session Devoted Entirely to
the Taking Of Medical Testimony.
The Theory Of the Defence as 10 Injuries
from Probing the Wound Upset.
MUST HAVE DIED ANYWAY.
Advised to Make His
Will. SIMS
The Mother and Sister Of
Stokes in Court.
The Prosecution to Close
To-Day.
The Prosecution to Close
To-Day.
ELEVENTH DAY OF THE TRIAL.

Edward s. Stokes for the killing OF James Fisk, Jr
Within the court room there was not heard even
the bu3zing of horse fly as the monotone OF the
witness who sat In the chair on the left hand OF the
Judge pierced the midsummer air, and passed
through the windows was lost in the leay branches
Of the trees that dot the arid City Hall Park.
THE MIDSUMMER DAY IN COURT.
The Clerk OF the Court was sitting alone amid
mass OF papers and printed BRIEFS wondering to
himself why men and women will disagree and
come to that court to settle their quarres In such
ghastly hot weather. Look through this window
here In corner and you may hear the rumble OF
the ambulance trains cartng to the hospitals dead
and dying men and women whose life-blood has
been paralyzed by the ghtning-like bolts Of the
burning sum- But even the fiery courser Of the
Dawn cannot stop a cr0ss-examinatiOn, and so
goes the nevervarying monotone, In some instances
listened to breathlessly by the audience, while at
other times during the day the spectators form
little sleeping groups and take short maps despite
the officers OF the court who do not hesitate to 60
to sleep on the ratings themselves. Human nature
u human nature and the heat is too intense.
ANOTHER ACT OF THE DRAMA.
At TWENTY-FIVE minutes after ten O'Clock the spare
form Of Judge Ingraham passed along the passage
behind the jury box to his seat. The court being
pretty full to Stokes come into court, fol-
lowed by the burly form and massive head of Sheriff
Brennan, and his Deputy Sheriff, Shields Then
came two Sherin's warrant Onlcers, one OF whom
may be kehed In features to grizzly bear and the
other resembles sexton on leave Of absence at a
Methodist camp meeting. This last man sat be-
hind his prisoner In affecti0nate way for hours
and perspired with the regularity Of trOtting
horse. The jury were beginning to despair, and
many OF them seemed conscious OF the fact that be-
fore the proceedings were over they would be very
much reduced In bodily flesh.
THE DISTRICT ATTORNEY
The District Attorney took his seat In that terri
bly, hot black suit of clothes which he wears and
large fan moved restessly In his right hand hOri-
xontally his large, solid features. There
very ncredulous look about this mans face; he
seemed to say by his look, 'Its all we'll enough for
you TO get points by cross-examination, hut
don't believe in them.n Mrs. Fisk's two prose-
cutting attorneys, Beach and Fullerton, occupied
the same spots as on previous days. Beach
taking memoranda on portfolio, while Mr. Fuller
ton simply confined himself to gloating on the
features OF each succeeding witness. Now and
then these two gentlemen managed to raise an OBJ
lection to some question propOunded by Mr.. John
Townsend, who has conducted the crosse xamina-
ton Of the witnesses for the prosecution for the
last two days most ably, elicting by hook or crook
some OF the strapgest details and most curious
answers.
A MODERN PHILPOT CURRAN.
Mr.. John McKeon the fiery sword of the defence,
sat with his hand supporting his right cheek
nearly all the time, but watching every move.
Let Mrs. Fisks private counsel but interpOse she
faintest objection and McKeon Is up and at them
with illusions to ''blood money" to scandal
ousr aud outrageous conduct and to all kinds of
hidden and concealed crime. McKeOn Is terribly
In earnest, and, unlike another celebrated lawyer,
there Is no danger that he will play the role OF
Benedict Arnold and leave his client to be spat
upon or crushed by overwhelming odds.
! IL is after ALL worth something to see, in an age
OF cyncism unbelief and cant, this little hgh-met
tied man jumping up, always on guard, and to see
him pitch in right and left, while the angular stu
dent face and sharp eyes Of Ingraham are just
visible above the barrier OF the judicial desk,
keeniy observant OF all that Is said and done.
During the forenoon there were but three OF
che female sex in Court, and they did not by
their appearance deserve any especial mention.
Stokes rocked, az usual, attentive and watch
iui, continually assisting his counsel by consulting
their me moranda and by giving them verbal hints.
He was dressed with plain but exceeding good
taste, as on the previous day.
{ Five witnesses were called yesterday; four for
the pr0secutiOn-namely, DR.. John r. White, DR..
tourtesy Of the District Attorney one Mr.. George
n. Smith, was allowed to appear for the defence In
regard to some tr0tting matter, He had pressing
E l.; but why be MAS cs!,od Is oniy known to
Meesrs. McKeOn and Tremain. The latter is very
bOlid-io0king man, with head resembling that OF
Daniel Webster, and Ii Is noticeable that when he
L questioning lady he does 1t with much courtesy
and Lows to her at every question.
I. The evidence OF the day previous had made
ederabie stir in regard to the possible and probable
finding Of pistol which may not have been the
probable theory OF the defence for as yet 1t Is not
percephble that they have shown their hands.
There Is no clue yet 10 the labyrinth OF the cloud
6f testimony that they may produce from their
crOss-e Examination Of tho Witnesses for the prose-
button. The testimony was yesterday altogether OF
medical nature, and was only ineligible TO those
who were versed In medical Jurisprudence
WAS FISK KILLED by DRUGS OR PRoBINGs
Or. White was examined at great length by Mr..
Townsend, and his testimony was chiefly In regard
70 the state OF Fisk after he received his wound
Ind up to the time OF his death. The witness re-
counted his pusations and his respiratons with
what accuracy was possible to him. The question
Of probing the wound ana whether Fisk would have
dled from the wound ip his abdomen had probe
bot been used was gone Into at great length; also
the fAct Of his having chloroform administered to
PIN IN too great quantity mat at can be proven
peedless to say that he was nearly exhausted when
tured surgeon Of high reputation, was next ex-
kmIned, for one hour In duration, by Mr.. Townsend.
Or. Macready, the medical expert, furnished the
questions In regard to the state OF coma; II there
Mas q cavity produced In the abdomen and IL Fisk
Mas probed TO death. DIR. Sayre retained his good
humor under very trying circumstances. with but
y few exceptions. Books were produced medical
kreatises surgical works OF all kinds having bear
Sng on the examination. There was quite battle
On the subject OF the supposed cavity In the alb
d0men and whether the intestnes were ruptured
by the probe, which Is said to have been nine
Inches In length At the close OF this testimony
DIR. Sayre clnchcd the argument by
stating that he did not believe that Fisk
could have lived after he had received the
wound In his abdomen for any length Of time. The
evidence OF Dr. Steele rather confused in COM
parison with that OF DIR. Sayre and did not produce
Rs good an impression on the jury DR.. Triplen,
who came last, and was the first physician to ex.
hmlne the person OF Colonel Fisk, had to bear the
brunt OF one OF the most searching crosse xamina-
Hons ever known In q court. He c0ntradcted him
koif several times and the examiner, Mr.. Townsend
questioned him narrowly as to his relations with
kfek and the Morse family. and endeavored TO draw
S.l G.ss,. fi,o iofnino thu yxaunded man ad.