New-York tribune., 1872-07-08
STOKES'S DEFENSE.
TESTIMONY TO PROVE THAT THE FATAL
MEETING WAS ACCIDENTAL.

MEETING WAS ACCIDENTAL.
SEVEN WITNESSES EXAMJNED-FIsK's WORDS
TWO MINUTES AFTER TIE sHOoTNG-THg
PRISONERS MOTIVE IL GOING INTO THE
HOrEL-AN EXCITING EPISODE.
On the opening Of the Stokes case on Sat-
urday the counsel for the defense continued their efforts
10 show that the meeting between the prisoner and
Fisk purely accidental, and not by prencdtlt0n.
The witness who absent Friday pa upon the
stand and Stokes's movements the time :l5 D. m
when he parted with ID. +. Ingrahim. jF. until he
tered the hotel eight or ten minutes later, clearly
stated. Judge Ingraham By Ing, the correctness OF
which rule OF law ho was himself dOuh,tl, N-luded
a conversation between the witness aud lc prisoner
by which the defense proposed 10 show that Stokes went
into the hotel TOR proper purpose; but enough was
elected to establish ha there in search 0 lady
whom he had seen at tho window, ana recognized, OF
thought tlat he did This lady cannot be produced
One living in the West who the motel the day
Of the shooting has been found; but her recollection Of
the alleged bow and recognition ndistnc and she
declined to appear a witness. Tais important and
last link In the evidence 10 S0kes Tor going
to the hotel Will probably be Supplied. unless he
should complete it In his Testimony, be- given this
morning or early tomorrow.
The defense, having thus shown stoke5a movements
down to the OF the shooting, tunnel their atten.
ton TO what took place the stairs TLn iar they
have only endoayored 20 iinpeuch the tsmony OF the
two hall boys Redmond ami Hart, one of whom they
maintain not present, and the other vas 80 fright
ened that he could correctly tell what he had
The defense have witness OF the shooting except
Stokes but they produced yesttTday who entered
the hotel before Fisk picked up. and who sw0rc that
Fisk said to him: "He VS. quick for ne this time"
The defense claims that this had reference
TO Stokes, and that the inference to be drawn from
1t Is Fisk armed. The same witness also swOre
that Flsk's coachman haa told him that his master was
armed, but this the cOlcmlD denies having said. The
only other material evidence was tat OF porter m the
hotel who testified that fifteen minutes after the shooting
lie had searched the sofa which Miss Hail. four hours
LATER had found the pistol and LIE had discovered moth
ing. It ia understood that the defense will make the
startling charge that tie pistol found on the sofa was NOT
stokes's, but Fsks and that it placed there by
anxious to have it appear for the sake OF the
dead mans character that he dl not 20 armed.
The most sensational event of the rid occurred jrat
as the session Of Saturday was closing During the
whole trial John II. Conner who was Fsks private see
retary has been present in conspicuous place near the
Judges desk naturally anXous about the developments
OF the case On Saturday, when Mr. MckeOn asked that
attachments should issue against several absent wit
nesses, Mr.. Conner observed by the defense busy
taking down the names, and Mr.. McKeon at once
demanded his name. the fact that Mr. Conner was
an intimate friend OF Fisk, and be was writing
down the names OF the witnesses, made profound I'M
preston the audi, nee. In tact, the prominence OF
private counsel Erie and the presence Of old Erie
officials in the courtroom has caused general comment
and Judging from the remarks OF the audience, has
created some little sympathy for the prisoner no"
affects the jury cannot of course, be guessed but the
audience forgetting that the private counsel are present
TO concede facts hurtiul various interests, Imagine
eTroneousiy that 1t is persecution OF Stokes
Seven witnesses were sworn, and their testimony will
he found TO be very material on 1e points stated Jon
Moore driver, testified that Redmond came out Of the
ladies' entrance of the Grand Central Hotel minute
| boIt .ffor Lsu iu NJ All yer
that the latter was shot. edmond then returned 0y
the main entrance and tho witness went IN and helped
Fisk up Fisk said lie was too quick Tor me tnls
time When the witness returned to the street, Flsks
coachman said to him: wonder tue OLD man dld ht
pull for him, for he liked for him" As Redmond
opened the door 70 cut, the second shot was nrcd
TIE testimony of George ". Barley, varnsh manu-
tacturrr was OF great Importance in relation to the pr
pose OF the prisoner gong into the Grand Central Ho
tel The force OF It lay Ia the statement that stokes
said: There is a lady know; Tin the Grand CentraD
! met her at Saratoga come over with me- s'oA's az
tuay pulled the witness's coat lapel to have him go
over. The witness met Redmond at the staton-hoDse,
and the boy said that he was so much excited tt he
| hardly knew what had happened.
John Gibney. a carriage driver. gave testimony
corroborating Moores in relation to Redmond. john l.
Doty was produced prove that he the city
Monday Jan. 8, in response TO dispatch from Stokes
| but the testimony excluded.
| Casslus II. Reid, keeper Of the Hoffman House, was
produced show that Stokes had expressed bodily fear
OF Fisk and said he killed he wished the witness
to know that 1t done 10y Fisk The evidence
cluded until the foundation had been laid The ques
tons put by counsel although unanswered under the
ruling Of the Court, will probably have much weight
with the jury actual testimony provided they believe
| that they put In good faith
David Smith produced 10 show stokess anxiety
about the horse race, but the testimony excluded
objection. James Rothwel head waiter at the Grand
Central testified that by CrCcketts direction be searched
the parors FOR pistol looked all the sofas fifteen
| minutes after the shooting and :Ound none.
Mr. Tremain then asked adjournment til to-day at
1890 NJ, consequence OF the absence OF witnesses.
which was granted well attachment agains,
some Of the absent witnesses
ppnCEEDINcc nv rOrrDr