The Cairo daily bulletin. (Cairo, Ill.) 1870-1872, 1872-07-18
THE BULLETIN.
Published every morning, Monday En-.
cepted.
STOKES TRIAL.
THE JURY FAILS TO AGREE AND
THE PRISONER Is GIVEN
ANOTHER CHANCE.
WHAT WAS DONE IN THE JURY
ROOM, AND THE PRESS ON
THE RESULT.


NEW YORK, July l5.--An immense
concourse assembled at the courthouse
this morning, awaiting the jury in the
Stokes case. The prisoner and his coun.
sci looked rather cheerful. When the
jury entered, the foreman announced that
they could come 10 no agreement what
ever. The Judge thereupon discharged
them. Stokes was taken back to the
tombs.
The following particulars Of the pro-
ceedings Of the jury are given;
| On Saturday evening, when they first
| retired to deliberate, o ballot was taken,
which resulted in seven for murder in the
first degree, three for acquittal, and two
for man slaughter in the third degree.
The names of the seven for murder are
| Meyer Hamburger, Bennett Williams, n
NJ. Cornish, Byron Stone, John Z. F.
Bond, Peter 4. Hawkins, and NJ. A. Self.
ferts. The jurors for acquttal we're Rod
erick Hogan, NJ. II. Thompson, aud John
Tucker and two for manslaughter in the
third degree, we're Theodore Flamme and
Henry c. White. This state Of affairs
renamed until the jury came into court
and got Col. Fisk's clothes. The clothes
were all tried on one of the jurors, and
they arrived at the conclusion that
Fisk had both arms enveloped in his mill
tary cape at the time Stokes fired, and
consequently that the theory of Fisk draw
ing pistol WAS humbug. This influenced
the three for acquittai 10 veer around for
manslaughter in the third degree
The medical testimony was thrown out
altogether, all believing the wound mortal
from the first, and the question of insanity
was barely referred TO. There was a long
discussion as 10 the generalization. All
the jurors were of the opinion that Stokes
! never wont to the Grand Central Hotel
with the premeditated design Of meeting
and killing Fisk. The seven Jurors who
were for murder believe that when Stokes
met Fisk on the stairs, in moment he
| formed in his mind tho design Of killing
Fisk, and that this second was sufficient
time for generalization. The five jurors
stoutly maintained that Stokes pulled the
pistol in the heat Of passion, being stirred
by frenzy by the sight of Fisk, and that
his crime was only manslaughter in the
third degree. The debate on this side be-
came quite exciting, and some harsh words
were used on both sides.
Time and again a poll was taken, but
all no purpose. Firm to their opinion
they all remained, and at last fell asleep,
but woke up In precisely the same state of
mind. Finally they gave up the dispute,
seeing that there was no hope Of altering
their opinions. 1t the opinion of several
jurors that if they were allowed to bring
In verdict OF murder in the second
degree, or manslaughter in one ofits higher
degrees, they would have arrived at q
verdict; but this was not allowed them,
as the judge charged them they should
either find verdict Of murder in the first
degree, msnslaughter in the third degree,
or acquittal.
An application for bail will be made in
II few days.
COMMENTS OF THE PRESS.
The press comment on the result in the
Stokes case. The Express calls il farce
Il contempt of common sense. Here
after, it says, murder is no crime, but
little trial, disagreement at first and
finally an scquittsl. The Commercial
blames the law, which allows no in
termediaie verdict between murder in the
first degree and rnanslaughter in the third
degree.
The Post says we are nearing, five have
not already reached, that point where the
taking Of life is not to be considered a muir
der, except in the case Of vulgar burglars,
who have trespassed on the rights of pro-
perty and sacrificed life to reach il.