The New York herald., 1872-07-09
another resigned, and another was, unfortunately,

Mr.. Tremain said Stokes believed ne had repeat
edly been ioed In his efforts to get Justice, owing
TO Fsk's connections with the railway influences
and the judiciary and this man Fisk, by company
OF armed men, f0rcibly took possession OF the oil
TO m
1t, and commenced proceedings against him on the
frivolous ground Of embezzlement. II all this was
pursued, by armed rufans, all this ought to be
received as bearing on the question ofinsanty and
to show tina! when the prisoner met the deceased
actuated by vindictive feelings against him.
Mr.. Beach replied for the prosecution. He said
evidence as to insanity or disturbed mental con-
diti0n. There must FIRST be q foundation laid that
there were acts and Indications suggesting insanity
given OF such state Of mind. AS to the allega-
tons about o corrupt Judiciary, one Judge was
peachment and q third was driven to premature
grave by the cruel action OF his judges; but not one
OF those was judge In trial as between Stokes
THESE AsPERsIoNs ON THE JUDICIARY OF THE CITY,
and the unfounded and atr0cious calumnies uttered
have their effect upon the jury and prevent the
course OF Justice. fhe deceasad had faults but he
had large brain and a generous heart, and there
are greatful hearts grleved at the ISLANDERS against
him adopted by the defence. most un nsti1able
assault was made upon gentlemon who sat at
Your Honor's feet on SATURDAY. and he was paraded
have faS 'is1'u been uassaiied wv am not accustomed
not nc nssc to S"S Ss tcd that my palm
stained with blood money because am associated ate.
Win Win the the atmosi nSnds sss
and In pursuit of my professional rights l tel the
gentleman that stand here under an authority as
unimpeachahle as his own, and with q professional
ana personal prOpriety as trreprOachaDe as hls
own; and as long as discharge & myduty with with R,o.
E humanity and professional duty. Counsel went on
to argue that suppostng the ,a deceased e was asa
finn fnr w
no proof Of Fisk being armed, but the fiimsy pre-.
tence is put In that Stokes saw some movement Of
deadly bullets sped upon their errand. When
man draws pistol ana shoots his adversary the
law assumes premeditation; 1t assumes that ne
meant the natural consequence or his act, that he
Intended to KILL and that Is the premeditated de-
sgn and he can only he justified by having correct
and reasonable impressions. founded upon facts,
that his life was IN danger; otherwise every assas.
sin would have such "impressiOns" after the deed,
and there would he Immunity to homicides.
1870 either upon the subject OF premedCation or
otherwise. He also nrimated that heightened dis
and that statements as to the relations between
the parties, II connected with the transaction
itsell, would be admissible.
EXAMINATION RESUMED.
Mr.. Tremain--Your Honor, can we show the
RELATIONS EXISTING BETWEEN THE PARTIES
at the time OF the 0ccurrencep
The COlrt-ies sir.
@. What were Fisk's relations towards you at the
time of the alleged homicide
The District Attorney-This Ia general question,
and Is Objectionable as allowing the prisoner to
give his own construction Of those relations with
out regard to time or circumstance The question
Is too general and bald, and 1t would be impossible
IN answering It to confne the witness within the
The Court-Ask as to the time of the occurrence
ITSELF
O. On the sth day OF January last were the rela-
tons OF the deceased towards you friendly or hos
witness (rapdly)--very hostile.
z. How long had they been so-for some weeks or
Objected to. Question admitted.
Witness again answers to reply)-They had been
@. Will now call your attention to the eth Of jan
uary; on the morning of that day had you been be-
fore Justice BiXby, at the Yorkville Police Court
Q. You were engaged in trial there A. was
there as a witness.
2. Fisk was not there himself A. NO.
Q. How long before that 9th OF January had you
seen him for the last time ? A. think the last
time saw him before that was on the
OPENING NIGHT OF THE ''BLACK CROOK"
two or three weeks previous; had been there
buying tickets for the theatre.
q. DO you know he had been sick previous to
that time, 9th Julys. A.. l thought he was sick;
heard he had been sick for q week.
Witness was admonished by the Court to cOnfine
his answers to what he himself knew.
Mr.. Treman-We propose, Your Honor, to show
s 70 se MR. sR 4 sss
known to him that ne was sick.
Mr.. Beach--It was proved that Mr. Fisk had been
out on the Thursday previous. No notice taken
Of the remark by the defence)
@. What time did you leave Justice Bixby's Court
wv Who S's Was With wi you % When % left, ' District
Attorney Fellows, John Mckeon and myself-we
left In a carriage together.
O. Was this the case IN which
JOSIE MANSFIELD
was party9 A. Yes.
g. And FISK delendants a, Yes-lwitncss cor
rectlng himself Miss Josie f. MANSFIELD.
Yes ; she s LETT t with he her cousin in another car
& Who Is her cousinG A. Miss Williams.
O. Where did you drive to In your carriage
A. We drove directly to Delmonco's, at the corner
OF Broadway and Chambers street.
q. Did you all go in thereY A. Yes.
q. How long did you remain therep A. We
went In about halfpast two O'Clock and remained
to about quarter to three. j had some oysters
and glass OF ale with Mr.. McKeon.
O. Without beng particularly interrogated pro-
cced and give the jury narrative OF your move
ments rom that time down to and including the
time Of the firing at the Grand Central Hotel
The witness (Stokesl do you want me to give the
conversation in the carriage between Mr. Fellows
and myselfY
Mr.. rremain--No. I should be glad to have 1t,
but 1t would be objected to on the other side.
Confne yourself to statement OF your intentions
and of the facts occurring at that time.
The District Attorney-We object 10 q statement
OF his intentions.
The Court-State what occurred
Witness StoAes) After had lunch at Delmonico's
went TO the Office OF Rufus A. Andrews on Cham
bers street, right opposite the City Hail. and IN
quired OF him about the indictment
District Attorney-1 submt the whole Of this
conversation about the indictment has been ruled
out.
Mr.. Tremain-It was admitted.
District Att0rney-No, sir.
MIR. Tremaipe repeating ironically, No, sir)-I
say yes, sir. The question was previously put, II
the Indictment was found, and 1t was admitted.
The Court--That was admitted.
Tie District Attorney-Let him conlne himself to
the acts done, and when point is raised as to con-
versatons we Will dispose or them.
Mr.. McKcon again red hot) III Stokes had been
on trial on this charge he would have been hung
What does the District Attorney mean by the OBJ
jecttons--right of
The Court have alreedy suggested to you that
you (Mf. McKe0h) have no right to catechize the
District Attorney.
Mr.. McKeon-we have a right to hold him to his
responsibility
The Court-No right 10 interrogate him in this
way.
q. state what occurred in Andrews Office A.
lie told Inc there was no chance OF an indictment