New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-12-19
THE COURTS.
THE SECOND TRIAL OF STOKES.
He,e- York, ]

THE SECOND TRIAL Of olOhf.o'
THREE JURORS OBTAINED-JUDGE BoARDMAN
ON NEWSPAPER COMMENTS.
The second trial of Edward S. Stokes for the
murder OF James Fisk, r. began yesterday mofhg' LA
the Court Oyer and Termner before Judge Douglass
Roardman of Ithaca. The previous trial. In June and
July last was presided over bylJudSe lngraham, VINO
for that reason did desire TO occupy the oench az
the second trial Assistant DistricAttOrney COL JOhn
r. Fellows conducts the case for the people ana WI" A.
Beach and VIM. Fullerton co0perated with INN as prl-
yate counsel. Lyman Tremain appeared for the de-
Tense assisted by John ID. Townsend and J0hn X DOS
Pasos Mr. Treman aud Mr.. Townsend are well known,
and Mr. Dos Pasos has achieved reputation by his
efforts in the Andre wfe-murder trial Counsel on both
sides express their determination to expedite the trial
by every means in their power and to ntepose no OBJ
jectlons which may delay the proceedings,
The prisoner sat, during the day, between Mr. Town
send and Mr.. Tremain. and often consulted with them
He was attended by his father and younger brother.
Only three jurors were obtained during the day out Of
the 10 names called most of the others being excused
for opinons already formed. which would influence
their Judgment in giving verdict Mr. Fellnws TOOK
OCCASION st recess 10 address the Court upon
the subject of article rejecting upon himself, which
appeared in a morning newspaper. yesterday, and 10
reply the insinuatIons in detail Judge Boardman in
accepting the explanation said in part
IL would give great pleasure, and take this occa
sion 10 II the newspaper press OF the city would
trial upon the in which it is conducted or upon
the merits OF this II Is unfortunately too true that
the enterprise and activity which stimulates newspaper
to get readable newspaper articles or articles which
will attract attention, dispose them too much TO say
things which may Obstruct a proper administration OF
justice While it is impossible for me To control these
Mn gye me sTe. O q .i az tSs
such the Importance OF the occasion seems to
qure. until the is tried aud then, IL they
have any comments they will be very appropriate and
can do no harm.
Mr. Fellows moved the case OF Edward 3. Stokes. and
the clerk proceeded to call the Of the jurors.
David s. Eggeson merchant, OF No. l66 South-st, was
the first juror called He had formed opinion the
newspaper reports, but thought he could render
dict evidence. Mr.. Treman. who had previously
announced that, the had been tried before and
had attracted great deal of attention. he wished to be
considered challenging every juror for principal
cause here said that he would in this case, withdraw
that challenge. being anxious to expedite the trial
much possible. Mr.. Eggleston was accepted by the
prosecution. aud sworn in "A the first juror.
James I. Mcguire, the second called was shown 70
have supplied the idea OF carcature rejecting upon
the euenies OF Fisk. He had also formed opinion.
After examination he accepted by the defense, but
peremptorily challenged by the prosecution Paul
Baskerville, Joseph Rel, and Adolph Hulbum thought
that the opinions white they had formed might bias
their minds IN finding verdict and were excused Will
liam Gask was excused on account OF imperfect hear
ing. Arthur d. Fske had had business relations with
the Erie Railway Company, and was challenged per-
emptory by the defense.
Charles s. Loper, retired merchant Of No. 81 Varick
st.. having formed definite opinion and being able TO
give verdict upon the evidence was sworn in as the
second juror. Theodore Malaby ONO. l34 Waverley
place had formed an impression which would not intu
ence his verdict aud he was accordingly sworn In as the
third Juror.
James Scofeld and Henry Siegman had both formed
opinions, ana were excused. Johnston w. Hegeman.
druggist. acquainted with the prisoner and with Mr..
Dodge OF the firm OF Phelps Dodge & Co. He was
peremptory challenged by the prosecution. The first
name called after the recess was john b. Outcalt,
builder Of No. S5 Seventhave. Though he thought that
the opinions he had formed would not influence bis YER
Dict he peremptoriy challenged by the defense.
James b. Ryer, furniture dealer OF No 277 Canaist
was examined by triers appointed by the Court and
found incompetent. Robert Henderson was excused.
Decus Beebe peremptorily challenged by the de-
Tense. Adolph W. Fink had read everything" about
the trial and 81 formed an opinion. He was excused.
Joseph Rosenthal excused account Of a decided
opinion. James II. Young was peremptory challenged
by the prosecution. and Nehemiah Ward was found in.
competent by the triers