The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-29
HERALD SATURDAY 2s 1s72-wTH SUPPLEMENT-

sornsy trying to put in evidence the anss-mortem
The District Attorney tvery coolly)L haven't said
word about IL.
Prvste counsel objected TO the interruption BY
Mr.. NcKeon again started to his feet, and, IN his
usual excited manner, said-I know what ! am
about, and win not stand here and see private
counsel interfering In the case.
Private Counsel maintain the right to address
the Court against these tSI ~
on trial for his life, and protest against any man
hired as private counsel and actuated by paid In
rfaE COURT INTERVIEWS AGAIN.
Judge Ingraham cut Mr.. McKcon short In his
harangue, ssying-I had occasion three times TO
object to cOunsels use OF such language regarding
feet and decided on 1t, and after having done so
think It L. highly improper for counsel to contin-
Mr.. McKeon-However may bow to the decision
OF the Court am not going to sit here ana submit
resumed his seat, some applause following his re-
marks.
liceman who had Stokes In charger A. Mr.. Fisk
said
THAT Is STOKES,
the man that shot me-"
CROsS-ExAMINED.
TO Mr.. Tremain-I have known Mr. Fisk for If
n9i a sdeS e. to DO in getting
this case : A. have not, that know OF; ! have
given some names OF witnesses to Mr. Byrne; the
sons and have answered him; have not, that
remember, told any one not to subpoena Henry;
6neW M ne was employed In some su6or
curreDce.
Q. Suppose some one was standing near the door
OF 200; could anybody see him from the bottom ?
A. He would be round the corner. and Of course he
could not be seen; have had no conversation that
lrec0lect about subpGnaing Henry; supposed
that he would be subpGnaed, and am surprised he
was not.
not seen him, and have been here to-day and yes
terday.
q. Did you say that Stokes was runnings A. 1
say that he was coming fast, SO that his coat flaps
were flying back; should say he was running !;
coming faster than walk; give you my best re-
collection; am very positive he used the express
sions have given don't think saw Colonel Fisk
at the hotel more than two or three times.
Q: How long had that Morse family been there
Objected to by the District Attorney as irrelevant.
Mr.. McKeon-Suppose this 81, 500 found on Fisk
was intended to pay their board bill.
LITTLE CROSS FIRE
Mr.. Tremain urged that some latitude must be
given to a cr0ss-examinatiOn Counsel should not
be suspected OF any intention whatever to trine
with the Court. Nor should they be called on at all
points to disclose the purpose OF the cross-exami-
nation, and thus put the witness on his guard
against the very object OF the examination. II the
fence to trine with the Court, then let it put on
them the iron collar and force them to tell in adj
vance the purpose and materially OF the questions
but II the counsel were to be credited with honest
purposes then they must be given this latitude.
He WOulu, III the court ueHdnueu IT, give tne pur-
pose OF the question. It was true that no one had
the right to shoot another because he was q bad
man. but II that bad character of the deceased was
so wrapped around the prisoner by circumstances
that 1t led him to feel himself overwhelmed by it,
and to be in danger OF
DEATH ITSELF
on account of it, surely they had the right to show
it. And If he had paid the bills for months of this
Morse family, If this character had so involved the
the best witnesses to be found against the prisoner,
and to keep back those who might be advantageous
to them surely they had right to inquire into the
relations, to show what motives influenced the pro-
priet0rs of the hotel.
The District Attorney insisted that this question
could have no possible bearing upon the guilt OF the
prisoner The purpose with which that family were
there the length of the time they had been there
did not make Mr. Fisk's life less under the protec
ton Of the law 1t did not authorize the prisoner
to shoot him. 1t had no possible effect on the guilt
or innocence OF the prisoner.
from the question Of the limits of crossexamina-
ton; where was the harm in opening wide the
doors TO show % the relations between the de-
prietors OF this hotel9
RULING OF THE COURT
The Court ruled that this matter was not cross
examination, but new matter, and was not rele-
want to the case. He, therefore, excluded the
Mr. Tremain then stated that to save time he
made this offer. While this was being reduced to
was not examined at the Coroner's inquest;
took some books to the boys In the House OF Deten-
ton and some cards-a pack Of cards; did not
talk to them except in the presence OF an officer;
did not arrange to bring any woman here as q wit
ness from Massachusetts,; had one conversation
with Coughlin In the District Attorneys office; the
last time heard Fisk speak was when he was first
placed in bed.
THE GRAND CENTRAL HOTEL AND THE MORSE
FAMILY.
Counsel for the defence here read to the Court
what they proposed to elicit from the question
allow long had the Morse iamily been there 2"
and which had been ruled out by the Court as IRE
levant to the issue. The paper was as foOws:-
1.-THE defence propose to show that the Grand
Central HOTEL 80 far as the purposes for which the
deceased, James Fisk, Jr., visited 1t, was house
Of designation; that the prOpretOrs OF such house
were standing in the light OF proprietors Of such
house; that the deceased paid the proprietors OF
such house large sums of money to defray the ex-
penses Of his mistresses at different times and that
witness had knowledge of such facts"
Adjournment TIL Monday.
Mr.. Tremain said he had understood that for the
sake OF the jury he proposed to sit tomorrow For
himself he felt the need Of the rest and he asked
personal favor that the Court would adjourn over
and he was perfectly willing that the jury should
separate.
Mr.. Garvin said he had no fear of New York jury
under proper charge OF the Court, and was quite
willing they should separate.
After pretty strict charge from the Court to
avoid talking about the matter, being talked to-
or reading anything in relation TO the case, the Jury