The Portland daily press., 1872-02-15
NEW YORK.
THE STOKES TRIAL.
MOTIONS OF THE DEFENCE FOR VERDICT AND
TO QUAsH THE INDICTMENT DENIED-oPEN-
ING OF THE PRISONERS COUNSEL

MOTIONS OF THE DEFENCE FOR VERDICT AND
TO QUAsH THE INDICTMENT DENIED-oPEN-
ING OF THE PRISONERS COUNSEL.
NEW YORK, Feb. 14.-At the opening of the
Oyer and Terminer court this morning, Judge
Cardozo on the bench, McKeon, one of the
counsel for Stokes, said that before going on
with the case he would make a motion that NAV
prevent its proceeding
He moved that the court direct verdict for
the defendant on the ground that the replica
ton OF the District Attorney to the seventh plea
admits the material points of the plea; that it
does not sufficiently traverse the averments in
the plea as to irregularty in the selection of the
grand jury and that the replication is bad in
form and substance.
The granting of this motion will only be a
postponement of the trial. He read various
averments as to irregularities in the preparation
OF the list of grand jurors, and stated that the
grand jury were selected from prepared list,
instead OF from the box, therefore the prisoner
prays that the indictment may be quashed.
The District Attorney replied that the sew
enth plea was of negative character, and OBJ
jectlons should have been made by demurrer
The judge decided that the evidence must be
first submitted, when he would direct verdict
according to his view of the law.
Mr.. Graham moved that the indictment be
quashed, first by the court and jury and second
by the court without Intervention of the Jury
The court denied both motions
Mr.. Gerry, one of Stokes counsel, then OPEN
ed the case for defendant. He entered into the
histories of jurys, going back to the medieval
ages and stated that unless man was properly
qualified, he would never be competent to take
the oath of grand juror without perjury. He
then explained the mode of obtaining a grand
jury in this city, the law providing that the ex-
amning board must make out list of grand
jurors from the petty jury list. They must Sc
lect men of intelligence, good character, with a
property qualification of $780, must be able to
read and write. He said irregularities would be
proyen-that two lists of jurors were presented
to the examining board, one being signed only by
the justice of the Supreme Court and full Of
Irregularities from which a panel of eleven
men were drawn November 18TH who
were legally qualified. Before that improperly
empannelled grand jury, James Fisk, jr,
appeared charging conspiracy against Edward
D. Stokes with witnesses, man against whom
there is one indictment for perjury who has
been in the State prison, and with a woman
said to be disreputable. The case hung fire.
but the minds of the grand jury were poisoned
against Stokes, and when the case of the hom-
ieide came before them they never stopped to
enquire whether the killing of Fisk was will
ful murder, but merely voted on the evidence
before them and made no search Themselves
Mr.. Gerry said the coroner's jury were men
who carefully deliberated and they refused to
lind homicide committed with felonious in
tent. The grand jury five days after indictng
him for murder, brought in an Indictment for
conspiracy, thus carrying out Fisk's original
ueSlSH to'CruSn lnlS unfortunate young man.
To show the vindictiveness of the grand jury
they indicted Stokes for having with another
person agreed to write letter to James Fisk
Jr., accusing him of crime with the object of
extorting money from him. They never exam
ined the letter itself 1t was enough that Fisk
said it,
Mr.. McKeop called for minutes of the grand
Jury to show how many agreed ON the conspira-
cy indictments before Fisk's DEATH He want
ed to expose this whole monstrous business, so
dlsgraceful to the administration of justice.
Mr., Gerry continued, saying that the proceed
lngs for conspiracy were intended to choke off
the legal efforts of Stokes to recover his rights
The grand jury which found the indictments
had amongst them men of such bias
against the prisoner that they were disqualified
from serving on that petty jury. Why should
the prisoners life be imperilled by such men?
The court then took recess.
The counsel for Stokes called Henry Gum
bleton, deputy county clerk, who testified to
having drawn grand jurors from the box since
the first of October; the commissioners of juries
was not present always; drew them in the pres
ence of the Supreme Court Judges and they sell
dom suspended business to inspect the ballots as
they were drawn; Judge Barnard once suspend
ed business for the purpose but that was du-
! ring an injunction excitement.
In response to an inquiry from the District
Attorney as to what this all meant Mr.. Ora
ham read the law providing that the commits
sioners of juries shall prepare and draw the
pahiici Puu tnap ~ Was u HlSuSlHtduOT anu OF
Tense for any one else to do so. The law of 1858
| also makes it imperative that all six of the
members of the board are to sign the lists,
whereas only one signed this list, He then
gave several names on the panel as instances of
violation of the law governing such cases and
that they were defective in not giving either
residence or occupation.
ID. Holmes, county clerk, was called and tes-
titled to the uries being drawn in his office and
has copied panels from the ballots
The court here adjourned.
DELAY IN THE MEETING OF THE GENEVA TRI-
BUNAL.
NEW YORK, Feb 14.-It is stated that the
whole case of the Alabama claims will have to
be translated into French before it can be fully
examined by the members of the tribunal, sew
eral of whom are deficient in English. In view
of this fact the meeting of the tribunal in April
will be formal, the real work being deferred till
June This also gives Charles Francis Adams
time to return to America to supervise the pub
LEGATION of his fathers diary.