National opinion. [volume] (Bradford, Vt.) 1865-1874, 1872-02-16
The Case OF StOk rs.

Burleigh," the New York cores
pondont OF tho Boston Journal give
the following outline of Stokes prob
able defense
"StokeA has been arranged on mn in
lictment found by the Grand Jury, bu
he has not yet pleaded. Everything IL
in n middle in New York, so we have
two Grand Jurics. II is the common
opinion Of the Bar that one Of these
bodies is illegal, As Mr.. Stokes counsel
nave not decided whether 10 plead to
the Indictment or demur, it in quite
probable that new Indictment will be
found after one of the Grand Jurios shall
have been discharged. There are some
interesting if not startling positions
taken for the defense Tn one is that
/ Col. Fisk was not only armed, but that
the wound in his body was inflicted by
himself-inhicted Ia Vallandigham, in
attempting TO draw his pistol from his
pocket That two pistols were used is
very clear, from the fact that two bullets
were found, one in Fisks body and one
on the marble pavement, the one bullet
fitting the pistol found and the other not.
The bullet in the body fitting the pistol
found, the bullet on the floor, which
produced the wound in the arm, not
fitting any pistol yet produced. The
theory is that Fisk, coming in Mt the
door and seeing Stokes on The stairs, at
tempted to draw his pistol when it
accidentally discharged ut the same mo-
mcnt when he received Stokes bullet in
the arm. The parties who removed the
outside clothing of the Colonel are yet
to be produced in Court The woman
who handed the pistol to the officer Is
yet to tell how it came into her hands,
with other interesting testimony to show
that Stokes did not fire on an unarmed
man. But two persons Witnessed the
shooting. These were two hall boys of
the Grand Central Hotel, who were
either so frightened that they did not
know what was going on, or deliberately
perjured themselves, rs they fatty CON
tradicted each other and their own testi !
mony on the stand. In the proper time
and before the proper tribunal, the
action OF the Coroners jury will be
tested. Above all, the proceedings of
the jury in consultation will be investi- |
gated. One man on the jury was not
summoned He came unsolicited. He |
said he was on the Mathews inquest, |
such matters, and wanted.to
go on the jury; so he sat nj the inquest
He WAS found to be special enemy of
Stokes, and pledged to look after the in
terests of Col. Fisk On entering the
room for consultation, the jury We're
presented with verdict, drawn ont in
the strong form of an indictment, IN
which the shooting was set forth as
killing with malice aforethought,' and
other well known phrases of an indict-
mept. On this verdict the jury were
divided, six and six. The gentleman re-
ferred to, acting as counsel, insisted
upon the adoption of the verdict with its
strong phrases as the only thing that
would satisfy an indignant public
Others contended that the object of the
inquest was not to try Stokes-not to
anticipate his defense, but simply to
ascertain how Fisk came to his death.
The debate lasted over three hours, and
ended in n compromise by which the
word deliberate was added to the sim.
pie phraseology of the verdict