New-York tribune., 1872-02-13
THE COURTS.
TIVE STOKES CASE.

N
,,,, ,,,rn,,,or Courtroom yesterday, anxious TO
,t,oss tbe rroceodgs what was generally nu' er'one
M sv REGARDED as the trial oi st"hcS o' "ie S"H "
a.. qro hguWavs were also filed WIN an cquh NUM-
r-t attendants, most OF whom remained throughout
~ Adv waiting for opportunity 10 get into the Court
-, . number OF policemen and several Court officers
cc nrescn and prevented the entrance OF all Dui re-
uorters and those actually connected win te case or
the Court. Although stokes WIS not actually on tFlai
tho procccdrgs which were Of an unusual character
bore q sicaiacAnt relation to what is to follow
Judge Cartozo presided. and the whole day wa' CON
sumed in the effort to obtain jury to Try the prelmin-
ay question raised by SokcSs counsel as to whether
the Graud Jury which indicted stokes had legal rSh'
10 90 So 500 petit jurors having been summoned on 'hS
roint Counsel contcnded that couidl act on this
iury who a. not free from any prejudice, not Ohy Oh
ths suiect bat also as between the people and the
prisoner This view being sustained by the Court
number Of persons examined and declared uli',
aud al the hour Of adjournment only seven jurors h"o
been found who sufficiently free from Weluuoo "
satisfy the demands OF the prisoners counsel TWO a"
vera Gcoret W. Parsons and James f. M'coih' "ere
anpontcd trtr. the question TO the competency "a
those called as jufyInen being submitted TO heh UNI"
jurors were chosen to take Their places. -,
Stokes slt between his counsel, John "rshau'' .1i
Gerry Mr. Bartlett. and Mr. Mckcon, ana ""tcno" 'n0
nroeeaing- with changing countenance, which III SPITE
of his efforts 1T COmposure, BETRAYED intense interest
H. bore himself WELL considering the critical position ne
occupies. but the flush on bis cheek the Soh'o"h'
unken eve and the erzzlei gray to which his once uA
hair has turned furnished obvious evidence OF tho encc
of That uucasness OF mind which he strove so hau "
conceal Soon after O'clock when recess was taheu
b to lunch in tie Supreme Court Chambers
room by onr deputy sers. dozen raw oysters were
provided and a bottle of Scotch ale "HOw Is inns
said nc. with an attempt at facctousness oysters
without salt and pepper and bottle oil aie "lou'
corkscrcwr
The wan, Of eorkscrcw was however. soon overcome
hv pushiu. the cork into the bottle. and both ale and
oysters w re quickly disposed of with evident relish by
stokes who subsequently, induieed In some gynnasuc
exercises After the recess, he returned to the Court
room wlero repetOn Of the morning scenes occurred
and when the Court finally adjourned for the day.
he ou and passed into tle hnl ID ng Sopay, ,S "
Sheriff brennan and several 01cefs, With Qulch'
sprightly step, and jest on his lips; ,.,.
Among The audience were several ladies' ana dfecty
in front OF the bench sat artist with 1per aud pencil
Who Sc several sketches Of Judge Cardozo without
sdT "a Viii iS sketch Of Sheriff Brennan who sat
with his = nj against the wall lust outside OF tne % ra
ing which ncusg the bench During the morning Judge
Down@ came in. and accepted the seat pesiue Judge
Cardoz5 TO which the latter invited him.
When Tie preliminary Grand jury proceedings had
been dislp,cd Of Dir McKeOn stated that III order 10
o6er Hse6 .o ns ore ies on the answer Which the
trct-Attorney had put III their seventh plea ana dd So
d,mnrrcrs to tie other pleas, which at once over
ruled by the CodIt. aud the DstrieAtoineys demur-
The cail Of the petit Jury then commenced, and
VIM 3. Ogden was the first taesman summoned. He
challenged for principal cause and MI sparks pro
cceded 10 administer the usual oath. when Mir. Gerry
ori Io%ea TH to be Administered Mr. Graham ten
submitted that tie first form was correct as TO the chal-
lenge for principal cause aud Mr. Geys form proper
challenge the favor. ThereuDon the first oath was
to NJ Ogden beng the h tTa tG 6 ne wS ~
whether he had formed any opinion IN regard to tne va
C4 names which tic Grand Juries are selected or
course lie had none. lie was then sworn (the fourth
The s OF the Grand Jurors read the Juror. He
kuew OF them slightly but none of the Others and
PhID smith, plumber, was the next juror called,
and in tyng him the favor. Mr.. Ogden had to take
ano;ner calh tile ffth as her Mr. Smith said he was
Impartial between the prisoner and the people,
Tts raiscd the important question as to whether the
piudc OF the juror on the main issue OF guilty or not
Grand Jury and the Grand Jury M list o Mr. ,Iy Gre6sn
neitasr inorc nor less than mob Now. any one who
had strong pEeoGse Ss@S Modn is nrSRST @ %s as not
in M Of mind to decide & ts onu % cur Su,
question tat yo1 whether M Smith isnd, udf
ani the people 80 t1a he act an o;
sse.i leanl ssei 6lloagl that the issue, The
& i % t5 e yei IS coareent evidence al tie hands Of the
r hl 10 y 'le wight 10 as toy " 94E E s,y Rted % TO-
ruiz ~ % 2an n %,n '' IeIt . s, ,a s @ [ M e .Se1
The tq - IcJcted him. they did The next juror.
JOnn r. wash. ID nnis Burke excused for sickness,
and John Turner was rejected by the tliers.
George G. Huntington was some months ago resident
of Ohio but to this city, there being need OF a
permanent Mt here III his business The Court held
him quae on principal challenge. and after excepting
ans ruling, defendants withdrew their challenge to
Mr OGDEN and Mr. Huntington then became the trers,
aud Nr MaicOm and Ar Parsons were released with the
thanks of the Court.
Chandler Robbins. the next called, was accepted by
counsel and NyIOn H. Chaplin was tried before the trers
MIR Graham, this trial renewed his request 10 the
charge the trers that inderoncy on the issue
not enough to render juror competent he must be
Indifferent also to the parties.
Justice Cardozo charged the jury requested by Mr.
Graham words OF the decision ia Tue People agt
Teeman adding however the substance of his previous
charge.
The triers rejected Mr.. Chaplin.
George w. Nicholson had read the accounts or the
killing OF Mr. Fisk but had formed no impression about
1T. He became the fourth juror
Peter Kemp of course not disqualified on the prin-
cipa challenge, opinion the legality OF the Grand
the prisoner but he had impression based on newspa
per reports slight impression; he thought it would
make difference to him whether the Grand Jury was
legally drawn OF not, though an indictment had been
found. .
man called, and selected at 2;l5 y. IN.
John Henry Walker was accepted and sworn as the
sixth juror, ana at 2;t5 p M solomon Mlchaels was
sworn as the seventh George IAsner was then called
and rejected, making Is in all who rejected II on
the general ground that they had formed az opinion
TO SOkess gullt, and one excused account or sick
The.natnes Of those rejected and excused are
Philip smith, john j. Walsh, Dennis Burke, John Tur
Chandler Robbins, Sylvester Brush Clement Herdt
Frank W. Hurtt Simon SchlOss Daniel Mcdonald, Peter
J. Carpenter, John Ii. viking Wm Foot, Maurice
O'Meara Samuel 5. AitBen, Solomon BrOwnOd, James
T.. Weeks and George Lsner. After charging the jurors
already impaneled against talking permitting them
selves talked to OH the matter or even reading the
newspapers in regard TO the case, Judge CardOzO ad
Journed the Court Till this morning at 1859.
THE LIABILITY OF BONDED WAkEHOUSEMEN.
An important question involving the liability
of a warehouseman for goods stored in a U. 5.
bonded warehouse was decided In the Superior Court
yesterday. Edward Coleman and Cesar Peck,
chants this city, imported from France in March, 1866,
OF silk goods which they stored in the u 8.
bonded warehouse of Van Brueh Livingston at No IS