New-York tribune., 1872-07-02
PRICE FOUR CENTS.
THE STOKES TRIAL.
ADDITIONAL TESTIMONY FOR THE PROSE



CUTION.
TENTH DAY-A NEW PHASE or THE CAsE-TwO
WITNESSES FAIL TO IDENTIFY THE FATAL
WEAPON, AND ALLUDE TO ANOTHER PISTOL
DEATH THE RESULT OF SHOCK RATHER
THAN OF EFLAMMATIoN.
The Stokes trial was continued yesterday in
the Oyer and Termner. The co T, crowded as
usual. though the Railways kept comparatively
free aud with the assistance Of Deputy Sheriff Shields
and others, the Court officers able 10 preserve bet
ter order and give reporters better accommodations
than on previous days. althOugh good many persons
secured the around ~ the tables during the
recess and occupied them during the rest Of the after
uOOn.
As the testimony introduced by The pro8ecntiOn pro
ceeds step by step lie mysteries OF the tragedy
the interest the trial nCreases although few incidents
varied yesterday the nonOtony OF the examination and
cross-examnation OF witnesses. At one time, however
sensation caused the exhibition of the clothing
by Col Fisk when he shot. The several articles
OF apparel shown to the witness John Marshall,
cOored man, who served Mr. FIX for some time Ne
private servant Tie witness recognized them those
y Col Fisk. He asked to point out the bullet
holes to the jury, and while he searching for them
the most intenes silence peryaded the room. souie
amusement created wien the same Witness at the
request Of COUNSEL dOnned the military cape or cloak
and threw one end over the shoulder show how IL
by Col Fisk, thus expyining tho manner IN
which it perforated m four places, although only
two shots were fired. Tie crOsseXsmiuation OF this
witness regard to Fisks relations with Miss Mansfield
caused fItter among ladies present. and the coun-
sci for the defense took immediate notice OF the wit
nesss declaration thar he lett Mss Manshcd's house
because he "did NJ want Ito wait Stokes" dee
larauon which turned all eyes to the latter.
The witness said further that F.sk had about three
dozen pairs Of pantaoons bur the "a tion, "whethor
they all had pockets behind" which was another way
hefh fhqr Etse only
the doubtful answer. a good many OF em had, and
good many OF 'em hadn't"
In regard to Stokes himself 1t is observable through
ont the proceedings that he follows closely,
and occasionally seems weary and despondont.
Tie pistol with which Fisk shot exhibited 10
OF the witnesses for Identification but neither iden
titled it, The first witness called was Henry Do Carey,
who testified that he was paror.man ahe Grand Cen
trail Hotel the cay Of the shooting heard the report f
a pistol, and rau toward The elevator when he heard
voice cry nobody helps me-" Somebody told him that
a shot, and looking the stairs he Fisk
leaning the bansters, and went down and helped
him mp No. 49, Tue person who told him tba5
a was shot brought in aud recognized by Fisk.
About an hour later Miss Hail handed him pistol,
which lie examined, and gave to Mr.. Crockett lie was
sure that it had ivory handle and sycr-patcd
The pistol alleged to have been used By Btokos was
shown. hut the wn did not recognize 1t the
given him by Miss Hail. II has a wooden handle and
bronzed barrel The nation dli not modify
this wtnesss testimony crally but on the redirect
mination the question asTed MIN If he recognized
the prisoner the person brought inO Fisks
room. Mr.. Treman objC cted the ground that it
new matter rot brought out crossexamnation, and
the direct had been closed. Tie question excluded,
and the prosecution lost this proof Of identity, which
was cumulative, II not very material.
Policeman Henry McCadden, arrested Stokes In
the hallway between Office and the barroom, testified
F,at 81, Ia tn f'ul
who recognized lin the who had shot him. Frank
Reed the carpenter who made the lode Of the stairs
hDed the witnesses, testified as to ts correctness
Austin H. Haskns Stokes arrested and taken before
Fisk but did noe hear FIsks TO the question
whether Stokes had shot him.
Miss Hall, who found the pistol exhibited TO the wit
nesses between and back Of the the fret
parlOr gave IL to De Carey testified these facts
but could not identify the weapon. She oroeseK-
amiued fully in regard to tie appearance OF the pistol
which she found and it understood that she had
told several persons that she unable to give IT, color
and was Likely Lot TO say that IL green Ar.
Tremain asked her II it green, but she laughngy
evaded the question
Dr. James r. Wood, one Of the physicians summoned
attend Col. Fisk after lie shot, testified that the
latter's pulse and his respiration a. He found
one wound in the above the elbow, and one in tho
abdomen He probed tho latter wound, which was
about half an inch wide and four inches deep.
through the adpose mgtter OF the rectus
muscle. Fisk anxious TO have chloro-
FORM and witness ordered 30 drops He described
the nature of the wound, and said he thought that
death was produced by the shock rather than by In
Illumination, though there was peritOnitis.
In crossexamination he SAID tnat the chorotor was
given more to please than for anything elae and f
he had followed his judgment lie would not have
gwen it; choroform paralysis Of the heart the
same as shock from a b8l.
Dr. sayre's was called but as he was not pres
sent, the adjourned to this morning at lo;9q
| O'Clock. Tie following Is the testimony in full: