New-York tribune., 1872-06-18
THE COURTS.
THE STOKES CASE.
JIJDGF ryaRAHAM SETS THE TRIAL DOWN
pEREMPrORILY FOR TOMORROW.

PEREMPrORILY FOR TO-MORRoW'
Tho adiournments of the Stokes trial have
been 40 numerous that the public curiosity concerning "
has subsded into something very ike apathy IN" Oyo
and Terniner Courtroom. yesterday was scarceb nou
certainly not orowded-although the daily news
,,,Derar had announced another appearance OF
Stokes and probahie early trial. The change
IN stokess looks, although nc has been over
five months in prison, was scarcely percepu-
BILE and he was as well-dressed and smooth-shaVen
as 10 his fortunate days, when restriction OF his perv
was a catastrophe not dreamed Of Dstrict-AttOrney
Garvin was accompanied by messrs' fuher'on anu
Beach as private counsel while the prisoner was repre-
sonted by John McKeon John ID. Townsend, and Henry
DAILY
Judge Ingraham adjourned the Court last month until
Yesterday setting down the trial OF Stokes pcremptory
for that day. all pleas for delay having been oyerrued
and plea OF guilty being entered for stokes on MS
refusal to plead commission was also Issued 70 take
the testimony OF Dormon b. Eaton and Marcus O. stan
lev the former OF whom IS in England, and the latter in
Paris Tho announcement that the commission had not
returned helped 10 cause the small attendance in the
Courtroom yesterday the impression prevailing tnat
another adjournment would be inevitable.
AS soon as DlstrictAttorney Garvin announced his
readiness to proceed Mr. McKeon moved postpone
ment for two weeks ON an affidavit which he read al
eging that the presence OF Mr. Tremane OF counsel for
the defense requredi in Albany In the Court OF Ap
peas and that every had been used to procure
return Of the commission but that they had been unable
to send the commission until the 6th instant, and that
they had received information by telegraph OF the
That NJ would he seem by HIS asking but two weeks de-
lay that intended to take the risk OF the return OF tne
comnsOn Their calculation was that they woud per
form their business this week and return about the ns
week OF July.
set forth here, and from my own observations that
whatever the answers 20 these mn nay Dg
Besides this 1is goes 9n II u pretty apparent 40 70
cfpioa that the interrogatories will be answered and
the answers here soon enough even If the case begun
The commission issued in Paris refers TO witness
simply upon the character OF the accused has been
the trial OF case the purpose Of asceraining
| what the general character Of the prisoner NAV
January last for preparation. He occupied IS
days on the trial OF a preliminary ,guestion|thee
postponemeut postponement, uutl nay his case
set down peremptorily for this day There is no
Inc shooting Of Col Fisk absent They have had
since that shootingto prepare and when everything is
| sell aud now they want further delay. submit that
this case should go on tra today L. &c to be postponed
with this trial. We are not to lame for Postponing TINS
trial II he is guilty let him be 50 understood II he
Mr.. MeKeon-Tne District Attorney usually refers 70
h Of ~ 60 x ShGg nEg Se See cs e I" we sy hat
have done nothing but TO take such steps as the law
his having ioned issue with Us in relation to plea we
mt in and IL was bis Joining issue which made difficulty
| | don't blame him for that. IL was neces-
sary step. In the next place we have
gono to Albany to employ counsel have studiously
coun ell There was delicacy about 1t which compelled
me to silent and the Distret-AttOrney IL unfair Ia
auding to il at The first counsel whom could get
afLer tie withdrawal Mr.. TreInaine, IN Albany.
There has been no delay on our part and do not ask
that the case postponed till the FAIL but only for two
weeks give opportunity for the return OF the conf
mission during trial, aud to secure the presence OF
| Mr.. Tremaine. -
Judge ngraham said that had already intimated by
his refusal OF a stay that he g0d not consider the alb
| sence OF a commission for stay. Nor dld ne
think the absence OF Mr. Tremane sh ient cause Tor
two weeks pOstpOnement III postponed Tor that tine IL
must over 10 Fall. He had been Working cOntln-
uousy nine months. and could not allow his neces-
sary be trenched on. lie had applied 70
aid, had not been able 10 procure
Personally 1t would please him 10 have the ease go over
but he thought right that IL should be tried now 10
give Mr. McKeOn opportunity OF communicating WIN
Mr. TIemsipe he would d0urn the case 10 wednesday
| next when IL must That, Win tne Orunary ue-
hy in mpaneling jury, would enable Mr. Iremalne 10
complete his argument in Albany and be present at the
| real trial.
Mr. Townsend asked to be heard on the question OF
time When be came into the he supposed that the
bulk OF the work done, aud the deposions OF wit
nesses already writing But in this he was mistaken
he had night and and had not even yet
completed the work. He asked at least another week
| Mr. McKeOn asked for even day and that the Court
would at least make the day of trial Thursday instead Oh
Wednesday that would give greater chance Tor MI
Trema presence which he desired IN the lmpanehnS
of iury as many important questions would then DO
| raised with which Mr. 1remaine was familiar.
Judge ngraham replied that the cousel present were
competent to discuss all tho questions lhdl
| might arise and as to Mr. Townsends request they
would probably be occupied several days In procuring
Jury lie then set the down peremptoriiy Tor To-
| morrow at l0i a.. IN, and adjourned the Court.