The New York herald., 1872-07-13
Close Of Tremain's Summing
Bp for the Defence.
District Attorney Garvln Supposs the Theory.
Of the Prosecution in an kBlc Speech.
rhe Judges Charge the Only Hope of a
Safe Delivery for the Jury.
The Case Likely TO BE Sub
mitted To-Day.
HNETEENTH DAY OF THE TRIAL


The trial of Edward 9. stokes Is drawing to q
close. Nineteen days have passed and gone, and
At last land is seen.
The court room yesterday was alled until even
She white walls seemed to perspire. Mr.. Justice
kngraiam and the clerk. Mr.. Sparks, were the only
COOL mon In court. Behind the judge is q large
ppen window, and from the top OF the case an
tinnaense white shade depends which naps TO and
ffo N the air that pushes itself In nom tho mias
sAatto City Hall Park. On the few rainy days Of
eAAs memorable trial the bottom OF the shade was
Nkely TO be damp, and, consequently, it Mapped to
end ffo against the hair OF the venerable judge In
"a unseemly manner.
When the court was called Sheriff Brennan came
ln with Mr. Stokes, accompanied by Deputy Sheriff
Shieds The prisoner was neatly but quietly
dressed and seemed In very good spirits. His
mother followed and took her seat by him. and d.
eeoiy afterward the sister Of the prisoner who has
been spoken of before as 'Missr stokes, but who s
the wife of Mr. Sutton the owner OF the California
ilne Of steamers, followed her brother and took
seat BY his side. She spoke to Stokes and pressed
his hand afrectonately, and then looked at the jury
a IL she could read the fate OF her brother In their
eyes.
Mr., stokes, ST., the old gentleman who has sat
tAe trial out with fathers solictudc, also was In
court Around the prisoner were clustered host
Of hts friends and relatives. These gentlemen had
been called to the court was believed that the
DISTRICT Attorney would attempt to attack the
character OF the prisoner. Among them were seve.
raj Of the best known gentlemen in New York.
On the left OF Stokes sat Mr.. william E. Dodge,
the President OF the Young Mems Christian Asso.
citation. Mr. Dodge shook hands warmly with
Ht0kas This Old entleman seems pear re.
vv..-x~aee commodore Vanderbilt. To the iofl
Of Mr. Dodge sat Mr.. james Stokes, who Is u
brother. .nlaw Of Mr.. Dodge and is an uncle OF the
ursaan.-- many people, readers OF the HERALD
ere anxious to know the pedigree OF the prisoner
stokes. we will give 1t here. James Stokes his
uncle. and william L. Dodge, married daughters OF
Mr.. Anson g. Phelps, OF the well-known me tai house
or Phelps, Dodge Co. Besides these gentlemen
there were present Mr.. Clinton Gilbert, another
aacie Of Stokes who is Treasurer Of the Greenwich
Savings Bank; Joseph Colgate, stock broker and
cousin Of the prisoner; Mr.. Daniel James, of the
arm OF Phelps, Dodge & Co., related to Stokes by
marriage Mr. Henry Stokes, uncle OF the prisoner,
and President OF the Manhattan Life Insurance
Company; 8. Il. Van Duscn, the weli-known coal
operator; +. W. Devoe, of the firm OF Reynolds
Pratt Devoe; Mr.. Charles Pratt, OF the same firm
ana large number Of other friends. Mir. Horace
stokes The brother OF the prisoner, also IN his
company.
The back seats were flied with the Erie Railway
scha Conner who is known as the milk farmer"
and the tall blonde legal mouchord, Morgan, sat
aide by side with the 'male companion" Of the late
Mr., Fisk
Mr.. samuel Perry, a produce merchant from
front street. with whom Edward Stokes had been
In business after he left Philadelphia and came to
New York, sat Immediately in the rear OF the prls
ONer, aud greeted him cordially when he took his
seat.
There was q great silence in court when Mr..
fireman. rose to take up his argument or the sum-
ming up for the prisoner, which had lasted an hour
and q half on the previous day. The late Attorney
Genera OF the State of New York never perhaps
looked to so much advantage as he did yesterday.
There Is something logical about him that at
tracts 4 Jury. He does not In any instance depend
upon ciaptrap, and he knows all the books from
Matthew Hale TO ROscoe's Evidence. And, beside,
Tcemain ls gifted with the eye OF the Ancient Mari
eer OF Coleridge. Tremaln lacks the fire and I'M
eetuosity OF John McKeon. the modern Philpot
Duran, who never was frightened by Judge, and
be has not In so great extent the bulldog tena
city OF Fullerton. Beach, also an eminent lawyer,
citn his measured accent and his perfect periods,
~ listened to with attention; but before them oil
rremain knows how to charge jury for The de-
fence His ten points taken on Thursday afte, noon
mad he endorsement OF the best lawyers in New
Therefore when he spoke yesterday from the
npeoing OF the court, and continued until
three O'Clock In the afternoon with only half
40 hour for recess, every man listened to him
with the utmost attention. But one instance Is
known before In the annals OF the jurispru-
dence Of our city In which so much talent
mas been displayed on both sides as there
pss been manifested in this trial. The Forrest
Divorce Case had on side Charles OConnor,
greatest Of American lawyers, and on the other
the elegant gentleman John Van Bureu, son Of the
nee soil president Of the United states.
In this case every point and every item OF testi.
mony adduced has been exhausted. II L. true that
there has been an immense mass OF testimony ex-
ciuded which was most material to the prisoners
ssfoty but the rules Of law compelled Mr.. Justice
IDgrabsm to exsludeit
Tremsin is q large man and q ncshy man, but In
hts summing up he proved that he had as much en-
durance az Edwards, the prizeighter.
He said that II was not enough for the proseou.
ton 20 show that the theory OF murder was proba.
te Dr. James r. Wood, most eminent physician,
was very careful TO say that he was not In charge
OF Fisk, and he spoke very cautiously as to his
Death from shock. All the doctors agreed that Fisk
DID not die from pertonitis, which results nom
dangerous wound. Drs. Sayre, White
Tripler and Fisher testified I'm diferent
manner. Mr. Tremain said that he did not wish to
speak unnecessarily OF Dr. sayre. These doctors
hsd held caucus which seemed to have an object
Ia placing a rope around the neck OF the prisoner
Or Sayre unfortunately, In his tilt with Dr. CarnO.
chan, an eminent and respected physician, ac-
snowledged tnat he had asked Fisk TO make his win.
was 1t not curious that no one told him that Fisk
hsd already made his wills DR.. White left Fisk In
charge Of Tripler and Fisher, who stood at the
lowest end Of medical skill and integrity.
Tripier, said Tremain pours poison into tie
wounds OF Fisk, ana yet does not know that there
" s1ch q work, known TO every skilled surgeon, rs
-~gAyor on Poisons." Tripler probes this mans