The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-12-29

NEW YO.
made threats against you, A. Yes SIR; PHI Brady
'o 3. Are ' you 's' married man A. lam.
0. IL your wife alive A. she Is.
9. Is she in this city A. NO.
Mr.. Tremain-Is this material OF necessary, Your
the COURT don't see that it is.
Mr.. Tremain-Weh let him 90 on. IN withdraw
Mr. Besch-n the Court says 1t is not material
VIII not 60 on under any permission OF counsel.
-- or COURSE HIN DID
O. Did you know your pistol was loaded at the
time Won bred itY A. presume did
q, Don't you knew you dldS A. guess so-yes,
o. Did you have an interview at the prison with
Q Mrs. Benton; did you SEND for herr A. No. sir;
] did not send for her-she came Of her own ac-
q. Did You say in substance TO her that it would
be worth thousand dollars to her II she would
swear that second pistol had been fOundf A.
never had any such conversation with her.
C0loHel Fellows-Your Honor It Is but proper for
me TO inform the jury that they are privileged to
ask any question on any point 0f the witness that
they may see fit to ask. l.4
FORENSIC sPARRNG.
This brought Mr.. Trcman 10 his feet, VINO said
that the Instructions Of the gentlemen were totally
anealed for. He thought the jury knew their
the Court-what is the objection sirs
Mr.. Tremain-The objection Is That it only shows
that the nrOsecution assume that some thing un-
usual and extraordinary must be done this trial,
animation OF the witness has been carried on In .
most extraordinary manner.
me. II Ii not for Mr.. Tremain to assume authority.
Is for myself to Judge o. the propriety OF the mat
ter and for Your Homer 70 DECIDE as to the Legality
that the foreman OF the jury stopped over and
asked me to put question to the witness. think
II improper for jurymen TO put their questions
through counsel, and that " the reason spoke.
Mr.. Trcman-The answer Of the gentleman Is
Mr.. Beach have no such scru pies as my assu.
ciate. will put any question suggested TO me by
o. juror.
QUESTION BY A JUROR
The F0reman-One or cwO OF us would like to
know II, when Stokes went to the Hoffman House
to get those papers he put the pistol in his pocket
Mr.. Beacl-wir you answer that question, sir'
The Prisoner-With pleasure; carried the pls-
tol with me All day; did not put It in my pocket
when went to the Holman House.
Mr.. BeacA--That's all, sir.
This ended the cross examinauoDn which was one
had ever been subjected 10. Il must be said that
Stokes stood the ordeal with Spartan courage, and
was not once tripped up by counsel nor did he
MT. Tremain next commenced 70 examine the
witness on the redirect.
Q. Was this King. the colored boy, servant Of
O. And the proceedings against Fisk for subor-
nation or perjury were based upon this afridavit9
and against Fisk for making him do It.
q. Had you made any complaint before the
Grand Jury on this subject9 A. No, Sir, but was
@ Were you at all Influenced by anything in
connection with that proceeding in shooting Fisk
DID NOT INTEND TO KILL FISK.
Q. Did yon form any deliberate intention OF XIII
ming ma N few Ts seconds e "n0's
@. Did you load 1t that morning to shoot Mr..
Fiskg A. No, Sir; IL was loaded ever since !
Q. why did you carry the pistol with which you
The counsel asked you Hs you Sad vile have
you also a childf A. Yes, sir.
q. Did your wife 60 to Europe before or after the
ghOotingp A. Nearly year before, sir.
Q. For what purpose2 A. On account OF III health,
by advice OF physician, and with my concurrence
After few more questions put to the witness
by the prosecution his examination was con-
Guided.
THE MINUTES OF THE GRAND JURY.
Mr.. Beach read part OF the minutes OF the Grand
Jury, after having offered 1t in evidence, winch
furnished the names Of the witnesses who had ap.
Indictment found against the prisoner Among
the names were those OF William Fullerton and
Stokes was put again upon the stand by Mr.. IRE.
main and asked who was the William Fullerton ap
pcarng on the minutes. A. That gentleman there
(pOlnting to OF the counsel for the prOsecuton)
| Mr. Fullerton protest. want to be put right In
| this matter. II was brought into that thing il
was only by process OF law, after three subpGnas
| had been served upon me. ! persistently refused
to answer any questions as to what took place be-
| tween Mr.. Stokes and myself while was counsel
| for him.
MR.. FULLERTON ExONERATED.
Mr.. Treman with bland smile)-We mean nc
reflection upon you, sir-why, certainly not. Pooh
| Every one knows that the Fullerton mentioned Ii
The Court don't think that the matter requires
any explanation from Mr.. Fullerton.
Mr. Fulerton--Your Honor will see the use that
| will be made OF this circumstance hereafter. II
am to be arragned want 1t to be understood tina,
| was dragged before the Grand jury and did not
MI. Tremain-We don't arraign you. We arraigr
| Mr.. beach, move the last answer Of the witness
be stricken out.
| 1t was stricken out by order OF the Court
Q. Who Is the next Witness Alexander b. SissOni
A. The keeper OF houses OF IN fame at Boston, and
| who was indicted for-I thing for perjury.
Mr.. Beach, ask that this answer also be ruled
| out, and that the witness be not allowed to vItupe
| rate and malgn the character Of these witnesses
who nave no opportunity OF defending themselves.
The answer was stricken out.
| Mr.. Tremam-l propose TO show, Your Honor
that also the witness named Nelly Brady is and wa.
. notorious prostitute
4 by the prisoner.
Mr.. Tremain-That Furthermore, abe was the mis-
The Court cannot admit il as proper test
mony.
Here recess was taken for hair an hour.
AFTER RECESS
1 Mr.. Tremain arose and said that he had not the
slightest Intention OF attacking Brother Fullerton
only the females whose names appear as the Crane
1 Jury witnesses.
Mr.. Fullerton said the explanation was satisfac
tory in SO far as Mr.. Tremain was commemorative,
the remarks Of the other counsel drew forth his
PLANTATION, and not what Mr.. Tremain had said
| Mr.. Townsend here got upon his feet and said II
| the gentleman alluded to what he had said In his
| opening he (Mr. Townsend) had nothing to with
| draw He meant everything he had said-every
word
| The Court-Gentemen, ! wish you would cease
| these personalities.
1T MAKES NO DIFFERENCE.
Mr. FulertOn-It makes no difference what the
counsel states or does not state--what he asserts
or withdraws.
Mr.. Beach, desire to ask the witness (StokeD
this one questionable you, or about the list OF
January, 1872 say to John II. Kmble that Fisk was
q damned blackmaier and that you would shoot
him' A. might have said he was blackmailer
don't remember.
Q. Did you say in pistol gallery near Twenty
second street tn this city, while practising and az