The New York herald., 1872-12-29
YAe Accused On the Witness stand tho Greater
Part Of the Day-He Sticks to His Story.
WERE THERE TWO PISTOLS.
A Former Witness for the Prosecution Testi-
fes for the Defence The Theory of Two
Pistols Advanced and Depended
Upon by Stokes Counsel.
The Cnse To BE Resumed
Tomorrow.

Tomorrow.
BUSINESS IN TIE OTHER COURTS.
Another protracted days session In the Stokes
Fisk trial has brought the case wen into the de-
seAce. The line upon which the prisoners counsel
are now prepared to fight 1t out to the last the
new departure is developed. There was on the
arst trial discrepancy in the description given BY
Witnesses especially that OF Miss Hall, OF the style
s pistol nrst discovered behind the sofa In the par
or and the pistol which put In evidence as the
pistol fatally fred by Stokes. Miss Hall did not
pQsitively recognize the prosecution pistol the
s6e she found behind the sofa, and hence the
theory OF two pistols to carry out Stokes defence
that Fisk had FIRST drawn upon him. The question
may arise In the minds OF the jury-Were there
two pistols drawn, one BY Fisk and one by
0s0kes but on this point the medl-
cal evidence given on the former
tria subverted the idea that Fisk could have been
In position to hold pistol in his hand to fre at
stokes above him from the direction OF Stokes
bullet which put an end to his victim. Besides the
evidence Of actual witnesses who we're In Q posi-
tion to see Fisk draw pistol, had he done SO on
the OCCASION has been uncontrovertcd This part
che alleged drawing Of pistol by Fisk upon Stokes,
70 make the fatal act OF the latter necessity In
self-defence, was only so much part Of the evi-
dence as depended upon what amount OF credence
the jury might have thought proper to have at
sached to it as coming from Stokes own lips. This
point somewhat turns, with what weight remains to
be seen, upon the evidence OF
HENRY DE CORLEY,
who on the previous trial was witness for the
prosecution not called on that side this time and
now taken up ana produced on behalf Of the pris-
sner. His testimony was somewhat important to
she defence, rs win be seen by reference to it, as
he distinctly and positively asserted that he had
pistol given him by ono OF the witnesses, q Miss
Hall, which was not the one exhibited as that
with which Stokes did the shooting. His presence
and evidence caused somewhat of q sensation in
Court and after he had been sworn the spectators
sent eagerly forward to eaten every word that ne
might utter.
The Proceedings Yesterday.
CROSS EXAMINATION OF THE PRISONER
The proceedings in the Stokes murder trial were
resumed at the usual hour before Judge Board
man, in the Oyer and Terminer. There was large
crowd OF people in attendance.
The prisoner Stokes, went again on the witness
stand, Mr.. Beach, for the prosecution, not having
anished cr0ss-examining him at the time OF ad-
,Ournment yesterday.
By Mr.. Beech-I understand you to say that Fisk
had his pistol in both hands, near his abdomen at
che time you saw him at the foot OF the stairs A.
He had the pistol In both hands, In about that po-
sitiOn witness standing up and showing the jury
she position Of Fisk at the time) cannot exactly
say whetner the hands were raised above the
height have shown or not.
q. Was he engaged in cooking the pistol with
TN haD do whanv frod
they were at the second shot.
Q. Did you 30 swear on your former examina-
ton A. can't say.
O. Have you now any recollection of having eeen
either OF his hands in any other position at the
time Of the shooting9 A. have no recollection
only what state.
q. Having both hands holding the pistol, do you
swear that he was cooking it A. Yes, sir
FIsK's PISTOL.
Q. Did you see his pistol while he was raising 1t
rom his side-did you see 1t distinctly2 A. saw
quite distinctly; he held 1t by the stock il was
diver plated pistol.
Q. When you fired the first shot you said Fisk
sried "Oh !" and bent overq A. Yes, sir; that's
my remembrance OF II; that is, he said "Ughn or
some exclamation very similar.
Q. Did you think then that he was hurtY A. !
didn't think nything about II.
@ Were his hands still in the same position, hold
ting the pistol A. They were.
q. When you fired the second shot what were
Fisk's mOvementsf A. He turned round, cried
sut .'Stop. I'm shot," and think he sat down. but
IAidnt wait to see; went up the stairs i'm me d.
ately after nring the shot.
Q. You say you made motion with your hand
q the time you met Mr.. Hill near room 2lsg A.
Yes, sir.
Q. Can You give me any reason for making that
notionY A. cannot give You any reason for it;
done It; am quite confident 1t was when dropped
O. You then started for the main once stairss
THE SEARCHING OF sToKEs
Q. Who searched you down stairsS A. There
Ssns e1s n seyPsS persons tnere and ney all took
9. was anything taken from your pockets at that
Smei A No, sir; nothing until went to the sta
Q. Where did you meet Mr.. Bailey that day, A.
Ssns % on sse corner Of Broadway and Amity street;
started down TO the Metropolitan to get tickets for
Was going up town. and said II he came down
With me to the Metropolitan that would walk
q. why did you turn back from Bond street when
yOu set out to 60 to the Metropolitan A. Because
WANTED him to go with me TO the Grand Central
rnH STRANGE LADY AT THE GRAND CENTRAL.
g why did You not go and see that lady when
Gsii don't know that had At that time ss' made
up my mind to visit her at all.
y Nj. stokes, when You were at Dodge Cham
oerlan's DID you show those papers concerning the
horse race to any one you met there A. did not.
q were those papers In your pocket at the time
you were searched In the station house A. They
were; gave them to Mr.. McKeon.
z. dld moi ask who you gave them to. Who
searched you there A. don't know; one OF the
Dnicers-the man at the desk, think.
q How long were you there before McKeon
Gamer A. don't know--not long.
q How long mad you carried pistol before this
timer A. always carried q pistol but not rcru-
larly until about six months before this time
z. Did you converse with Mr.. Bixby in the pres.
cnce OF others concerning the Grand Jury having
voted an indictment against you and MansneldY
4. did have some conversation about the Grand