The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-21
s T o X E s /.
SECOND DAYS TRIAL.

SECOND DAYS TRIAL.
Two Jury Panels Exhausted and
Only Four Jurors Obtained.
PROCEEDINGS YESTERDAY.
The fact that the trial OF Edward s. Stokes for the
murder OF James Fisk Jr., by shooting. on the 9th
day of January last, was commenced In earnest, In
the Court OF Oyer and Terminer, brought crowds OF
people to the Court House building yesterday morn
ing. AS on the previous day the prisoner, strongly
guarded was early brought into Court the interval
between his arrival and his production In court
for the second day OF trial fraught with such
momentous consequences to him being passed in
the Clerks room.
upon whom the gaze of all is centred and to
whom the crowded court room; the venerable
Judge, holding evenly the scales ofjustce; this ar
ray of cOunsel those busy chronclers taking notes
OF the proceedings which the telegraph momenta-
rily flashes to all parts Of the country; oil
this forensic fitting In getting twelve good
men to well and truly try; he who
is indeed the one sole cause OF all
this solemn procedure, and which must surely end
grlevously for him, to the outward eye exhibits
little of that feeling which would make most men
in his position an object Of sympathy and commits
Grafton, Notwithstanding the crime charged
against him. With the abatement of that popular
feeling which ran SO strongly against him In the
earlier days of his being brought into Court, and
which on two three occasions seemed to threaten
him with Jedburg justice, which would hang first
and try afterwards, he has regained oil his
natural selfpossesson ana nerve.
The court doors were opened at the usual hour
yesterday morning, and the room rapidly filled up.
At half-past ten Judge Ingraham took his seat on
the bench, and In a moment after the prisoner was
led in. Then followed counsel on both sides.
Stokes father and brother sat beside him during
the whole day. The two solitary jurymen obtained
the previous day were early in their seats In the
jury box looking nothing the worse Of having been
in tho custody Of officers during the night.
SECOND DAY OF THE TRIAL.
Mr.. Sparkes, Clerk Of the Court, was commencing
with the call Of the panel Of jurors, when
PRIVATE COUNSEL.
Judge Ingraham addressed counsel on the subject
Of the application Of the prisoners counsel made
on the previous day for the exclusion Of private
counsel from the prosecution. He said
1t Is the duty OF the Distriot Attorney to conduct
all prosecutions in the Courts Of this State r. s.,
A. ed. 700. When the District Attorney cannot
attend the Court Is directed to appoint o
person to act In his case-d
In several of the States it has been held that the
trial of criminal cases may be conducted by other
counsel than the public prosecutor. 1t does not
tha nstrct Att"rna ~ xnro nnmoyoG int thav arg
t so ISL. th ~ th R;fl ~ az a aiG
hclc wl'l .ne ovrsSnC VI tno DisSii1. 1,u.oiney.
fnrn ooio IN frfa
Srey ~ ny hn 70 i G tne cue a
~ t uns s ti nc neoessaiy ioi VIC pioo
uGn On OF , 1usdice;; ,o.o o., .,o Attorn oon
B tine act OF isa Ghap.er sS1 sne A0rney GGn
suits IN which the people are party. the prac..
h mas neen anor n ~ 1 pomVr al
at the expeSse Of The State have no remark to
from individuals for the prosecution Of criminal
o tho oni"a that eher fe nsrc
or has the authority to employ
Mr.. Mckeon sald tnat Mr. Weoster nad, IN the
case cited, said that ne appeared without Zee.
Judge Ingraham replied that what MI. WEBSTER
Mr.. McKeon said that the counsel present by
dnef sence aaml.aea onau Sney naa LeGe to ZEE
THESE counsei au peen empioyeu ~ Tue ErIe I.hll.
way anu nau puen Gounse! ioI 0'oheS' uuu thac
one now nad a., SUIT lO against MN.
r, ihsAIE couSShL Rises ts 10 EA[LA LA, ,,,
1e t re,etleo ~ 'aeI Wnu, e
ing .he Couru saio =; ~, p,ea s .h out l
may ue " say iem "u w c v 'nu pu ho
pose Vi ustiylng myself peiole Iie ooutt anu .s,e
community. IL True, BIZ, InaI ! WAS a. one Ilnle
engaged as counsel III clsN SUI. tor MI osohesi
ana ~ was Win tae cohsemc Vi MI, Sohes om up
pncation W hill .na' WIS p ermuIeu ~ appear
IN antagOnlsM 70 niul, which Cer eany snouiu no.
r 1s ISv %oIc as o "ssnn,otinp With NJ
20 say tnaI curing Two years nssociatloh WIN MI.
stokeS, as counsGi anu soclaily, tneIc nevc, MAJ
Deen the ieast unp!easantneSs between US anu not
ior singae Monems naS We. eVer eneetta incu 'ne
snGhtest unknuness 70 niIi. .x
The calling OF jurors was then proceeded with.
yohn II. WestOnIAte you orokert a. les: =,
., Have YOU lsa ~ .rS pr anu So al'ccs Al
tnem COnCerninR tue prisoneI a. les.
2; pa you form an opinion at that time on that
eu " uaro ~ nc i tho. or,r,oc s.;ue Va.
nase you .iaS a., opnii t, SUN a: Les. 49,.
~ IA anu uo you ouieSe .nas even YOU WEE Ruc
o,i uv July yUu 1871 NV ar ~
a YIN thv vP' az 'o0u' "oo0iuiAs " '"o o'A"eo0
~ o. Have Won INV scrup,es with regard to render