The New York herald., 1872-07-12

about the shooting.
ntssd the bis black * but % wouSnt % t the white pstoi
A. dldn't say 1t to him or to any one;
Redmond was recalled and testified he went up
the ladies' staircase to the hall; he didn't see any
pistol.
Thomas Hart was recalled and testiaed-After
the shooting and after Mr., Stokes was arrested
went through the hall; did not see any pistol
left Redmond q few seconds before Colonel FISK
Just before the shooting; picked it up when
came sp up a. again: , o.. ana .a.,aaa. on .
barber; know Edward s. Stokes; have known
@. How long has he carried pistol A. I don't
his pocket and out; have seen him lay It on the
table; did not see him tako 1t out at the Fifth
tsa e the opera ii
twas In the spring; my journeyman was there; he
To Mr.. McKeon-o. Who Is your landlords A. I
haven't got any; am there to accommodate the
Erie people; Iknow Bardine; he didn't shave the
John Reslcher testified that he kept saloon but
was before barber at the Fifth Avenue Hotel,
where he saw Mr.. Stokes and shaved him; he never
To MIR. Fuilerton-I had little quarrel with him;
couldn't tell very well what said; he wanted to
g. What is the substance Of what he said about
pistol or shOOtingS A. couldn't tell, sir; 1t was
some years ago, and Icouldn't tell whether It was
The Court then took recess.
After tho Recess.
The Court having reaasssssnhled the prosecution
proceeded with their case.
THOMAS HART RECALLED.
@. When Mr.. Tremain asked you that you did not
%asns ap
for sponge two or three times.
The District Attorney-That Is our case Your
Honor.
The defence then put in the following additional
testimony
to Henry that Thomas and myself would make
plenty Of money out of the case.
THE PROBE AGAIN.
BENJAMIN Howard recalled.
which Dr. Triper operated on Fisk, is it perfect or
Q. In what respect A. The screw OF the joint Is
broken, the same that 1t might be through eXces-
sye punching the eye part Of the instrument na s
have an ovoid termination
Q. 1t is stated that 1t was broken at the post
The Court-That is scarcely rebutting testimony.
g In that condition would you consider ,r,,a IT
probe might become entangled and drop
Into the wound the other or Jagged end might also
cause hemOrrhage; these accidents would increase
the shock.
Crosse examlned-If the thread were not perfect
do not think the probe could be fastened together.
Q. II 1t were not broken on the 9th of January it
would not produce any bad effects, would 1t A. No,
O. In what instances have you used the reverse
end of the probe A. When passing seton, or, in
fact in any case would not probe at all for gun:
u
not, think, probe for such wound.
@. DO you think DR.. Wood would use an imperfect
THE DOSES OF OPIUM.
Darius G. Farwell sworn.
Q. What is your businesss A. Apothecary, at
the corner OF broadway and Amity street; carried
on business there on the 9th of January last; on
that date received prescriptions from DR.. Triper.
@. What is the first prescriptions A. Four grains
OF morphine In two ounces Of water; directions: a
dose. teaspoonful; teaspoonful would be
min nj rhI
ordered hall an ounce of Magendle's solution at one
time, and one ounce at another, but don't know
whether IL was Dr. flsher or Dr. Iripler VINO Or
dered 1t.
MORE ABOUT THE HARrs.
Henry D. Canley recalled. O. DO you know Patrick
and Thomas Hart A. Yes, sir; had cOnversa-
ton about the shooting with Patrick Hart; Us well
as recollect he said to me that he and Thomas
said that the bullet found fitted Stokes pistol, but
not the other pistol that was found.
Crosse xamlned-Th conversation was In the
hall can't say how long it was after the shooting
think 1t was an hour and half or two hours.
O. Who was bys A. There were so many folks
the reception parlor and the ladies' staircase.
q. Did you talk with anybody else about this
shooting that lev evening A; on yes. SIR; bnt IT. DO
said to them; the first time ! mentioned this mat
Q. Did not Hart say where this other pistol that
the bullet would not at was found A. No, sir; he
o. Have you talked with Mr. Daley about this9
4. Not directly; he asked me something about IT.;
o. Where did he ask your A. At the Grand Gen.
trail Hotel.
Redirect-You made a direct statement to Mr.
Powers, you sayS A. Yes, sir.
@. And you made full statement to him Of all
you knew. How did you come to makeits
| Objected to by Mr.. Beach.
Mr.. Daley said he offered to show.that the wit
ness had been threatened with discharge by Mr..
mony, and that he had therefore seen Mr.. Powers,
| on his return from Vermont.
The Court-Have you anything more gentlemen 7
Mr.. Dailey--NO, sir; that Is all.
pause OF five minutes succeeded, during which
the room buzyed with excitement, while the table
OF the counsel was moved to enable Mr.. Tremain
| was also dragged round upon which were ranged a
| formidable list of law books.
Mr.. Tremaln then drained glass OF water and
| began to sum up He began by making the follow
| ing
LEGAL PROPOSITIONS
which he desired that the jury should be charged
| by the Court
guilty OF murder unless they are satisfied that he
| Killed the deceased with a premedtated design to
effect his death; that the deceased died from the
| effects Of the pistol wound; that there was no
justifable cause for firing the pistol, and that at
the time Of firing the prisoner was not insane:
SpcOnd-That the jury should not find the prisoner
guilty of murder ii they entertained reasonable
doubt upon any or all Of the questions involved In
| the first proposition above stated.
Thiru-TE.t II the jury entertain reasonable
doubt upon the question whether the deceased died
from the effects Of the pistol wounds either OF
| them. or upon the question whether the homicide
was justifiabe, or upon the question whether the
prisoner of sound mind at the time, they should
not convict either Of murder or mansaughter In
any degree.
F0u,fh-That before the jury can convict OF mur-
der they should be satisfied that the case is not one
OF fjustlhable homicide Of manslaughter In either
OF its four degrees
Flrh-Thai upon the facts in this case the jury
have no right to convict OF murder IN the second
degree.
Sirth-That they have no right to convict OF man.
slaughter In the first degree.
Serenh-1hat they have no right to convict OF
manslaughter In the second degree.
Eighh-That II rhe jury should find that there
was intention to kill that the homicide was not
ustiiabe, and that the prisoner was not insane at
time they I'D have the power upon the facts of this
case to convict of mansaughter in the third degree,
II they were satisfied that the prisoner was In the
heat OF passion when he fired.