New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-09

sound except on this one su6iec and the sudden APP
pearancc Of this person arouses all those disturbed ana
the Cole case aud my learned friend gives his impress
sion of that case. and supposes tse because ne ha
recommend TO the defense prudent husbandy of their
resources when the facts are Out, tnen Th DC e
jury will have 10 try tell him now that when this case
he GSP eose Of iustable homicide, wherein the
prisoner had chance TO retreat wherein III ne had
not fred his life would have been sacrificed. The
learned DsrictAttorney says why those appeals
made In the OF this case and nasmuch as have
seer an honest but ignorant criticism OF the dy
papers on OF the prisoners counsel in otrng
proof that Is 20 be excluded will state our position III
Is done out of any disrespect to the Court but the
made by the Court and your Honor knows that in taking
and with desire of preserving and protecting the
rights OF the prisoner Having that great right Of ex
connection with questions which counsel and uuge
| may differ, II the counsel did not take e eA-
Of gross dereiiction Of duty put those questions
then because consider it my duty to the prisoner and
sarywbeher the result of this trial is to restore him 10
liberty to consgn him to the gallows or to prison
In regard he said to the question OF delusOn there has
been no foundation, and viii not allow eahenCe d on I'M
at this time. The rule which previously adopted IN
tend to adopt now. will not admit evidence OF that
KIND until some proof that Will warrant tne supPod
that there did exist something that might be construed
by this jury into deus0n With that RUE before us,
think it would be improper to go t4 evidence sf, or
1870 and inquirng the relations that subssted be-
thought desirable to show what the state of feeling
between those parties, think shan admit It, II the
occurrence wish the counsel not TO make sucn long
discussions Of these questions they Will briefly give
| me the points, that Is all desire
sToKEs's EXAMINATION RESUMED.
@. Had your relations with Fisk been intimate
| friendyf
Distrct-AttorneY-We object. Excluded. Exception
Mr.. Tremain-Do 1 understand we may now show the
relations between the parties some time Immediately
preceding the occurrences
The COurt-At the time Of the occurrence.
O. What Fisks relations to you at the time Of the
alleged homcidel
DistrlctAttorney-I object to that Your Honor will
perceive that from that he may go into particular facts
circumstances and events The trouble Is that the ques
Mr. Tremain at the recommendation of the Court put
It in another form. Were your relations with Fisk
friendly or hostile at the time of the occurrencef A.
Very hostile
Q. How long had they been so hostilel For some
weeks or monthsl objected to- A. Yes; they had
been hostile since Jan. 8. 10
The witness then continued his evidence substantially
as follows On the morning OF the day in question had
been before Justice BXDy witness had not seen FISK
since the opening night OF the Black Crook some two
or three weeks before had heard that he was sick them
so that at the time passed the Opera House. had no
expectation of seeing him think we left the court
about two o'clock came down town in carriage TO-
Observation-Disclosures Fellows. Mr. McKeon and my
self the III which Josephine Mansfield was
complainant she left the court about the time the rest
did in company with her cousin, Mrs Williams in an
other carriage; we drove down town to Delmoncos at
there tn hafpast two took oysters and glass OF ale
Mi Tremain%Now, Mr. Stokes, will you proceed and
give the jury account OF all your movements down 10
ana including the firing at the Grand Central Hotelt
a. After took lunch DelmOnicos, went over 20
the office of MI Rufus Andrews, night opposite; he tod
me there was no chance OF any Indictment Deng I0unl
against me, and advised TO TO Providence; was
not satisfied. so went 10 Judge Bxby and he told
me by all means TO 10 PrOvidence he said the indet-
men had been dismissed several times; then got into
q coupe and drove up to the Hoffman House; went up
to my room for some papers for this Court OF Appeals
the dispatch o there had m %n Ta s T t
| the whereabouts OF these two persons
District-AttOrney-I object.
Mr.. McKeon-Oh, we can't get along step without
! your perpetual 81 object, object"
| witness-McLaughin said he Gidn't think would be
ready 90 Providence unless had those papers; he
told me where could find Powers and Smith; found
that bad left some of the papers at Miss Manshelds,
drove there when arrived there found house all
closed, the windows all shut; thought she might be
down town; told the driver to take me down TO the
corner OF the Grand Central Hotel hat %nSre he eS
| | got out there aud walked up TO Dodge
smith and Powers often resored; went in and asked
If he had Ferris Smith, he said Smith was IN the
| in there Mr. Smith, and told him my business;
| suppose talked with him; after had finished my
| Mr. Pohemus; 1 should think was there about ten
minutes; then went outside and met Mr.. Bailey; he
for the Black Crook :" asked him 10 so with me- he
| consented to do so; we walked across Amity-st.;
| Of the Grand Central / noticed lady standing
| in the window OF TINS parlGr lpolait iI
window thought il lady had met at Saratoga;
thought she recognized me asked a. B ne T t
We were talking about some business OF my brother
think half block.
THE MEETING on STAIRS.
then crossed the ladies' entrance the street
was crowded with carriages might have run little
in CROSSING walked into the ladies' entrance, and up
the stars boy was standing on the ladder cleaning
the windows on the stairs; when 1 looked into the
parlor at the lady, I found 1 was not
acquainted with her. she did not recognize me;
walked along the main hall poinng out the positions
in the dagram walked along this corridor as far as
could 20 1t was the first time had ever been on
The floor Of the Grand Central Hotel; l looked
into this parlor; then walked back again recolect
the Frenchman Henry. the porter perfectly well; he
standing in the hail. lady passed me coming out
of the dining room, ana went up stars was gong
stairs when saw Fisk coming into the hotel he sprang
up to this platform he pulled out pistol from behind;
was then on the line with him; said "Don't
frew L jumped across to the left hand; placed my
O. You were intending TO pass hint A. Yes was 60
ing right OF the entrances this boy Redmond was not
Mr. Fisk did not know it till got four or five
q. Why did you fret A. Because knew he wanted
20 Kill me; he had bis pistol OUT he had 1t IN his
@. You are convinced he had pistols A. am
WINGED he had a silver-pated pistol.
q. Did you believe he was going to fire at youi A. He
had the pistol cooked then fired could not have had
pull out my pistol If 1t had not been in my over
coat he staggered tle he mad his pistol in both
hands, after that, he cried out am shot" turned
back; walked up the stairs; there was nobody there
the boy Redmond in the street, dropped my pistol
between the head Of the stairs and Room No 2l9 IL fell
out Of my hand; met MI Hill; he said, what's upP
said "There is a shot," when got TO the foot
OF the stairs said, win you go for doctor There Is
a man shot - then heard somebody say, Here, they
want you;" the who called out rs away
turned round and went with him; two three then
came up; after that, what took place really don't
know; know when was taken and confronted with
Fisk.
CONFRONTED WITH FISK.
Mr. Tremain-State about that.
Prisoner-The officer took me into the room with Fisk.