The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-02


paneed and sworn by the said Presiding Justice
for the first time at or during the SAID term SAID
Court All or which was and Is TO the great dam
age wrong and prejudice OF Inn, the said Edward
). stokes. And this ne Is ready 10 verify. Where
fore, because the SAID alleged bill OF indictment
was not found Ut any Court OF oyer and Terminer,
legally held, organized or constituted, or by any
Grand Jury duly empanelled and sworn to Inquire
for the people OF the state Of New York. and the
body oil the county OF New York, the said defendant
prays Judgment OF the said instrument purpOrting
to be bill of Indictment, that the same be quashed
and that the defendant be dismissed and discharged
therelrOm
FIFTH PLEA.
And the DEFENDANT Edward - Stokes, for a fur.
Their plea IN this behalf, by leave OF 5he Court,
says:-That the said instrument, purportng to be
Court OF over and Terminer legally Organized and
zed TO inquire for the people OF the state OF
New York for the body OF the county OF New YORK,
because he that the 9Th day of January 1872
and for several years previous thereto, the defend
ant was and had been citizen OF the State of New
York and resident OF the county OF New York, ana
had so continued until The present time; that on the
said 9th day OF January, 1872 this defendant was
arrested on criminal charge OF killing one James
Fisk, the younger; that u Jury was summoned
by Nelson W. Young, Coroner OF said county,
to inquire into the cause OF the death OF
said James FISK, the younger; that the SAID jury or
mquisltion was held In said city on the sth ana 9TH
days Of January, 1872, and said Jury, on inspection
e Dou estm1 d rSN deliver y IN wrns
their inqulstlon, signed by said jurors and In
which they certified That the said James Fisk, the
younger, came 10 his death by pistol ball, fired
from pistol discharged W this defendant IN a
manner, and that thcreupon the defend
ant was informed Dy SAID Coroner tnat ne was ut
liberty TO answer any questions put 10 him,
and said defendant was examined by said
Coroner, and the answers OF sad defendant
were reduced 10 writing and were read to this de-
fendaDt and we're signed BY him, and thereup0n
this defendant was committed 10 the City Prison OF
the county OF New York BY said coroner, and de-
PENDANT further says that on the 9TH day VI Noyem-
Der, io1l, a Grand Jury OF the county OF New York
was empaneIed and sworn before Cunning >.
Bedford, City Judge. In the Court OF General Scs-
sons Of the Peace the said county, that no other
Grand Jury has been eTn panelled and sworn SAID
Court OF General Sessions OF tho Peace for the county
ol New YORK han the Grand Jury empaneled and
sworn as above stated; that on the zstn OF NOvcm.
Def, 1871 an order was entered by sad Court OF
General sessions OF the Peace OF said county, IN
tne minutes Of said court, extending the term Of
sad Court I'll the 18TH Gay OF December, 1871, and
on Tue SAID ast mentioned day VI the said term was
ny an ORDER iuly entered In the minutes Of said
Colrt EXTENDED until the 2sth day OF December,
lo.l anu On the said last mentioned day was again
eAtenued ubl The 27th aay OF January, 1872, by an
oIoel uuy entered IN the minutes OF said Court or
reneIal sessions oil the Peace: that on the Iltn Of
January lo,I the complaint against this defen dant
ioI 'ue kIing u SAID James FHk, the younger, ana
sne WITNESSES IN RELATION thereto were examined
oe eS the crand Jury OF tue Court Of Oyer
winch was begun ON toe nrst Monday or
December, 1872, and held by the hon. Daniel
r. lngrabam Presiding Justice OF Inc General
Term oil the First Judicial department ana that
an alleged bill oil indictment was found aQainst tnis
defendant for the said killing OF sail lanes FisE
the Younger, and presented by said Grand Jury 0f
the court or over and Termlner On tue i5tn or