Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-12-28

NEW YORK, Dec. N.-In the Stokes case TO-
day Stokes was put on the stand and testified,
his testimony being substantially the same as
on the first trial. In proceeding to give his in
tentions and motives prior TO going TO the Grand
Central hotel when he shot Fisk, the counsel Tor
the prosecution objected several times, claiming
that as the words Of Fisk after &c was shot mad
been excluded by the Judge, the testimony oil
Stokes should also he excluded but Juuse
Boardmau overrnled the objections, aud allowed
Stokes to proceed.
Stokes said that when about TO leave the
hotel, and having partly descended the ladies
stairway, he saw Fisk enter Tie door;
that Fisk pulled out pistol and was
holding it with both hands, Stokes then
sprang TO tile left TO be out Of range, and i'm
mediately took his own pistol out Of his pocket
and fred. AT the first shot Fisk exclaimed,
"Oh' and at the second shot Fisk turned part
ly around, said he was shot, and seemed to drop
his pistol Stokes testified further that he had no
premeditation TO kill Fisk, and had no time to
think. Saw Fisk's pistol distinctly, and believed
his life in danger did not take particular ann at
Fisk. Stokes denied that the boy Hart was any
where around at the time, and Harris testimony
that he Crouched along the corridor, was not
true. He was unable to retract on meeting
Fisk. Stokes denied the other testimony given
by the boy Hart, and said Fisk did not identity
him as having shot him, but simply identified
him as Mr.. Stokes. Stokes also testified that a
man named Brady came TO and cautioned him
TO be very careful, as Fisk had sent for man and
offered him $1,000 10 lay out Stokes. Miss Mans
field and Mrs Williams also advised him to be
careful, as Fisk had threatened 10 shoot him.
After recess, the prisoner resumed:
AT the time of meeting Fisk on the stairs he
knew him to be desperate, inscriptions and
viudictiye; alter being arrested they took him to
the station, and the first persons he were his
brother Horace and DIR. Bailey, whom he had
parted from outside the hotel. When he called
to Mr.. Rufus Andrews, his object was to know
if he went to Providence about the trotting
match; whether Fisk could 20 before the grand
jury and know that he had absconded and Mr.
Andrews told him TO 90. Next he called to
Mr.. Bishy, who gave him the same
advice. He had no idea when getting into the
coupe that Fisk had got an assignment against
him. In reference 10 the testimony of Andrew
Parker yesterday, Stokes said that when he
got on the stand: 1 never knew or saw him
before; never recollect TO have any converse.
ton with him. never used the words Fisk is a
id blackmailer and ! will shoot him" |
carry pistol; never knew Parker had a hotel
in Meadville and never knew of the place be-
fore. 1t is all manufactured; all along kaew
Mr.. Drummond, proprietor Of the Worth house,
on Fifth avenue, where resided for year.
Q. Did be tell you anything about suspicious
characters hanging around the hotel.
Ruled out
Mrs. Williams told me it was Fisk's habit to
send men after anybody that came in bis way.
Mr.. Iremalne offered to prove that the pfis.
oner had for weeks travelled in covered cars in
consequence of apprehension OF an attack from
emissaries OF Fisk.
Mr. Beach objected to proof Of morbid or un.
founded approximations in the absence of proof
that Fisk threatened or sent persons after him.
No actual threats were proved to justify the
apprehensions, If aay were entertained
Mr.. Tremaine said it was question of the
state OF the prisoners mind at the moment of
shooting, and be ought to be permitted 10 show
all facts and circumstances bearing on his state
of mind at the time, in proof that there was an
apparent imminent danger 10 him at the time.