The New York herald., 1872-12-29

made threats against yous A. Yes, sr; Phil Brady
told me the same thing.
Are d.s yOu ar. %sI5,sd .,ISs man 4 sns a H. al"
z sSs IN tais si.y sy : =, A. No.
Mr.. Tremain-Is this material OF necessary, Your
nyr~' THe court-I don't see that it is.
Mr.. Tremain-Wen, let him 90 on. pIi withdraw
the objection. Go ahead.
Mr.. Beash-n me Court sa,s, says Is not material
-- 80 OF COURSE HE DID.
@. Did you know your pistol was loaded at the
time You fired tY A. presume did.
o Don't you knew you did' A. guess so-yes,
o. Did you have an interview at the prison with
Mrs. Benton; did you send for herr A. No, sir |;
did not send for her-shc came Of her own ac-
o. Did you say in substance to her that it would
be worth q thousand dollars to her II she would
swear that . second pistol had been foundf A. 1
Colonel Feliows-Your Honor, it is but proper for
ask any question on any point Is the witness that
FORENSIC sPARRrNG.
This brought Mr.. Tremain 10 his feet, VINO said
that the instructions Of thc gentlemen were totally
ancaled for. He thought the jury knew their
Fights -ass.. ..sats>
fne Court-what is the objection. sirs
Mr.. Tremain-The objection Is tnat 1t only shows
that the prosecution assume that something un-
usual and extraordinary must be done on this trial,
animation or the witness has been carried on in
Colonel Fenows-H the gentleman will permit
me. 1t Ii not for Mr.. Trenan to assume authority
is for myself to Judge OF the propriety OF the mat
ter, and for Your Homer to decide as to the legality
that the foreman OF the jury stopped over and
asked me to put question to the witness. think
n Is e ne
Mr.. Tcmain-The answer Of the gentleman Is
entirely satisfactory.
NJ hnagn ma AzAh 0nVW Vlo
clate. wli put any question suggested to me by
aJuror.
QUESTION BY A JUROR.
The FOreman-One or cw0 OF us woulu like to
| know IT, when Stokes went to the Holman House
TO get those papers, he put the pistol in his pocket
Mr. Beach-win you answer that question, sirG
The Prisoner-With pleasure; carried the pls-
tol with me AL day; did not put II in my pocket
when went to the Holman House.
This ended the cross s csxaminasDn, which was one
had de ever been s subjected to- Il must be said that
Stokes stood the ordeal with Spartan courage, and
was not not once @ tripped up by counsel nor did he
MI. Tremain next commenced TO examine the
witness on the redirect.
Q. Was this King the c0lored boy, q servant OF
.; And the proceedings against Fisk for suDor.
A. Yes, sir; against King for making the aihdsvit
! and against Fisk for making him do II.
| z. Had you made any complaint before the
| contemplating 1t.
Q. Were you ct all influenced BY. anything in
connection with that proceeding in shooting Fisk9
| DID NOT INTEND TO KILL FISK.
! Q. Did yon form any deliberate intention OF KIN
thing occurred in few seconds
Fiskp A. No. sir; it was loaded ever since !
bought it-six months before; never discharged
Q. why did you carry the pistol with which you
i A.
/ Q. The counsel asked you II you had wife; have
you also childi A. Yes, sir.
shootlngf A. Nearly year before, sir.
/ Q. For what purp0se2 A. On account OF i'll health,
by advice OF physician, and with my concurrence
After few more questions put to the witness
| by the prosecution his examination WAS con-
THE MINUTES OF THE GRAND JURY.
Mr.. Beach read part OF the minutes OF the Grand
| Jury, after having offered 1t in evidence, winch
! furnished the names Of the witnesses who had ap-
pcared before that body to help Fisk In getting an
Indictment found against the prisoner. Among
the names were those OF William Fullerton and
| Nelly Brady.
Stokes was put again upon the stand by Mr.. Tre-
main and asked who was the William Fullerton ap.
ponting to OF the counsel for the prosecution.
Mr.. Fullerton-Iprotest. want to be put right In
| this matter. II ! was brought into that thing II
was only by process Of law, after three subpGnas
had been served upon me- ! persistently refused
tween Mr. Stokes and myself while was counsel
| for him.
MR. FULLERTON ExoNERATED
| Mr.. Tremain with bland sme)-We mean nc
reflection upon you sir-why certainly not. Pooh
| Every one knows that the Fullerton mentioned is
you.
| any explanation from Mr.. Fullerton.
Mr.. Fullerton-Your Honor will see the use that
| will be made Of this circumstance hereafter. II
am to be arraigned want 1t to be understood that
was dragged before the Grand Jury, and dld not
Mr.. Tremain-We don't arraign you. We arraign
| nobody.
Mr.. beach, move the last answer OF the witness
1t was stricken out by order OF the Court
@ Who is the next witness, Alexander B. sissoni
A. The keeper OF houses OF Ill fame at Boston, and
who was indicted for-I think for perjury.
| Mr.. Beach, ask that this answer also be ruled
and ana e t os no. o 70
| who nave no opportunity OF defending themselves.
The answer was stricken out.
Mr. Tremaln-I propose to show, Your Honor
that also the witness named Nelly Brady is and was
| notorious prostitute.
The Court do not think it Is proper TO prove il
Mr.. Tremain-rhat, Furthermore, she was the mis-
The Court cannot admit II as proper testi
| mony.
Here recess was taken for balf an hour.
I AFTER RECESS
Mr.. Tremain arose and said that be had not the
slightest Intention OF attacking Brother Fullerton
only the females whose names appear as the Grand
Mr.. Fullerton said the explanation was satsfac-
tory In SO far as Mr.. Tremain was concerned-that
the remarks Of the other counsel drew forth his ex.
| PLANTATION, and not what Mr.. Tremain had said
Mr.. Townsend here got upon his feet and said II
| the gentleman alluded to what he had said in his
| opening he (Mr. Townsend) had nothing to with
| draw. He meant everything he had said-every
| word.
The Court-Gentlemen, wish you would cease
| these personalities.
1T MAKES NO DIFFERENCE.
Mr.. Fullert0n-It makes no difference what the
| counsel states or does not state-what he asserts
i or withdraws.
| Mr.. Beach, desire to ask the witness fStokes)
| this one question-Dld you, or about the lst or
January, 1872, say to John II. Kmble that Fisk was
| damned blackmaier and that you would shoot
himf A. might have said he was blackmailer; !;
| / don't remember.
@. Did you say in pistol gallery near Twenty
second street In this city, while practising and as
| y0u shot of pistol, that that was the way you