The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-07-16
The stokes Case,
THE JURY HoPELEssLY DIVIDED AND DIS
CHARGED.

CHARGED.
NEW York, July l5.-The Stokes iury
did not retire to rest until this morninS.
One report says they stand nine for mur.
der, one for manslaughter and two for
acquittal; another that eight are for &C.
quittal, two for manslaughter and two for
murder in tho first degree, with no hopes
ofagreement lr.'
An immense cOpcourse was at the Court
house this morning, waiting 10 hear the
decision ot the jury In the Stokes case.
The prisoner and his counsel looked
rather cheerful when the jury entered
and the foreman announced that they
could come TO no agreement whatever.
Thereupon they were discharged, and
Stokes taken back To the Tombs.
Among the reports as to the Stokes
jury, Is one claiming that seven were for
murder In the first degree, fsur for man.
slaughter in the Sd degree, and one for
acquittal. A motion Is to be made today
to have Stokes bailed.
COMMENT OF TIE PRESS.
The Express calls tho Stokes case a
farce, contempt Of common sense.
Hereafter, It says, murder Is no crime; but
q little trial, disagreement at first, and
finally an scquittal.
The Commercial blames the law, which
allows no intermediate verdict between
murder in the first degree and man.
slaughter In the third degree.
The Post says, we are nearing If we
have not already reached that point
where the taking Of life IS not to be con.
sidere9 murder, except in the case d
vulgar burglars who have trespassed on
the right OF property and sacrificed lie TO
reach it. .....l-
The following proceedings Of the
jury are given: On Saturday evening
when they first retired TO deliberate, a
ballot was taken which resulted in seven
for murder in first degree, three for ac-
quittal and two for manslaughter in the
third degree. The names Of the seven
for murder are, Meyer Hornburger, Ben.
nett Williams, N. NJ. Cornish, Byron
Stone, j. E. F. Bond, Peter E. Hopkins
and N. A. Leferts, the Jurors for acauittal
were Roderick Hogan, NJ. II. Thompson
and Jno. Tucker, and the two for man
slaughter in the third degree were Theo.
dore Flammeand Henry Q. White. This
state Of affairs remained until the Jury
came into court and got Col. Fisk's
clothes. The clothes were all tried on
one oi the Jurors and they arrived at
the conclusion that Fisk had his arms en-.
veloped in his military cape at the time
Stokes fired. and consequently the theory
Of Fisk drawing pistol was a humbug.
This influenced the three for acquittal 70
to veer around for manslaughter in the
third degree. The. medical testimony
was thrown out altogether, al believing
the wound mortal from the first, and the
question OF insanity was barely referred
to. There was long discussion as to
premeditation. ALI Jurors were OF the
opinion that Stokes never went TO the
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 a
moment he formed in his mind the design
Of killing Fisk, and this second was suffl.
ctent time for premeditation. The five
jurors stoutly maintained that Stokes
pulled out his pistol in a heat Of passion,
being stirred 10 frenzy by the sight OF
Fisk, and hence his crime was only man.
slaughter in the third degree. The debate
on this part become quite excited, and
some harsh words were used on both
sides. Time and again poll was taken,
but all to no purpose. Given to their
own opinion they all remained, and at
last fell asleep, but woke up in precisely
same state Of mind Finally they gave
up the dispute, seeing there was no hope
Of altering the opinions Of several OF the
jurors; but that II they were allowed to
bring in verdict OF murder in the sec.
ond degree, or manslaughter in one of its
higher degrees, they would have arrived
at a verdict. But this was not allowed
them, as the Judge charged them that they
should either find verdict of murder in
the first degree, manslaughter in the third
degree, or acquittal. An application for
bail will be made in few days.