The New York herald., 1872-07-09

~ IL w y
please state what the pistol was you saw A. y
was a very handsome pistol; silver m0untedi
think pearl handle; took 1t In my hand and ex-
q. what led to that conversation ? Had he prior
~ Objected to. The Court ruled that It must he
shown that the conversation was communicated 10
O. Did you communicate what Colonel Fisk said,
subsequently to the prisoner. 4. AS soon Us saw
him.
Q. state what conversation you had with StoKesY
A. ! told Mr.: Stokes that Mr.. Fisk had called upon
me ana had asked me- to release him nom the
ceuse at Bixby's Court; TINT he wanted me to
settle With n he had promised - me all the
me from this;n said that would II he wond
come out publicly and say that the ai,dayts Nlis
'.that so far as he himself was concerned he was
willing, but there were so many people lnvoved IN
1t that he could not do it. and he refused positively
to withdraw, and ] refused positively unless he
came out publicly and said Twas right; he said ne
would not do that, and said TO me. "You must bear
the consequences" he then pulled out the revolver
az SHALL SHOOT srogFs;'
replied, mo, youll not 90 anything like that;'
he said, 'There III be bloodshed in this thing before
you get through with 1t, and beg OF you not to go
on; wish to be done with this affair.""
O. What time was thisS A. 1t was about half-past
Q. How long did Fisk remain there9 A. He re-
manned there some half an hour.
o. who were presently A. There was nobody pres
ent, only my cousin in the house; she had given
e HAYS xaey 20 e nos1 in av wh said that
he would kul Stokesi A. Very decidedly as II ne
meant to do what he said; as If he were IN earnest
and would not allow me to leave him; rather than
submit TO ANYTHING OF the kind he would risk every
thing he had In the world
time S You made mad the the stafsments f % A. did. w
q. What did you say
Objected to.
ADVICE TO STOKES.
The COurt-YOu state what You said. A.
told him he should be more careful than he had
how many things he had done ana the avenues ne
had TO hold people, and that he should be more than
g. Now / ask you, prior to that time had you
heard Colonel Fisk make threats to You as to
Stokes and had you tod st9ges s, Of tf al A. told nim
what he said he would do
@. Do you remember at any time Fisk stating to
you about ont the knocking down ana the attempting
| Objected to blythe District Attorney.
Q. Did you ever state at any time TO Stokes what
Colonel Fisk had said in reference to his being able
| to dispose ofpersonsP A. have
q. What did You ten himY a told him that Mr.
| Fisk had organized to kin him; told him how
! easily 1t could be done TO him.
@. What did you tell Stokes about this A. told
| Mr.. stokes exactly as MI Fisk told me.
THE EATON DIFFICULTY.
Q. Now state it? A. That Mr. Fisk had come
home one night and had showed me afidavts
against the character Of Efr. Faton that he
had acknowledged to me that they were not
true; that they were. false; these had been
already served upon Mr.. Eaton, and that Mr..
Eaton would not succumb: that r. Eaton was an
honorable man and would not stand IL, and that
and he acknowledged to me that Mr. Eaton was
perfectly honorable and upright.
Tue EATON ATTACK
| O. Did Mr. Stokes see these aladayits7 A. Yes,
they were at my house and were afterwards re-
moved; some little time passed and Fisk told me
and that there would be the first blood that
would ever, be drawn by them, and that
been heard OF In the world before; he was very
much excited and very nervous; he went out OF the
house; waited up until about twelve O'Clock, and
when Mr.. Fisk returned Iasked him what had been
done: | was very anxious, OF course, to know; he
told me that Mr.. Eaton had been attacked whether
they had killed niIn or not he could not say, he was
so nervous and excited; he was generally very
quiet man, and alive always appearea as as though .. he
but that night he could not; he got up and Lit all
the gas
himself physically A. told him that Mr.. Fisk had
| arranged an attack Eaton, as Eaton knew too
many Of their secrets tod stokes to be very care
he would be; he doubted Mr.. FsS's power, and
was always telling him that Fisk's power was
@. Prior to the 18th Of December had you seen
pistols in the possession Of Fisk' A. Yes, sir; on
many occasions.
Q. was any person present at any time when Fisk
made these threats ana showed this pistol A. Yes;
my cousin, Miss Williams.
q. Is she here In the CourtP A. Yes, sir.
| CROSS EXAMINATION.
BY the District Attorney-You say you saw him
different pistol A. IL was.
| Q. How long did you speak Off A. Ever since we
went to Jersey City, in 1863
| FTsK's PISTOLS
Q. How many different pistols have you seen him
have9 A. suppose eight or ten know, one time
In packing his things to go away, have seen hin
o. Do you know Of his ever carrying pistolS A.
on, he carried pistol not all tho no time, put at az ar
because he was afraid; after Black Friday he car
red pistol for long tmej when he went up to
hn rtoHn a rtigfn
Q. Have you ever known him to carry pistol on
other occasionsY A. All the time In Jersey: when
falo road, and until left him In September, 1870.
Q. Was not Mr.. Fisk quiet In his habtsY A. Or
dlnarily he was he was very tired Of course: He
q. How long did you say you had been acquainted
| with Stokes a. Since November 1869.
Q. With Fisk A. Since November, 1857.
Q. How long have you resided in your house A.
Just three years this month.
@. Was it at yoor house you say you had these
conversations with Colonel Fisk A. Yes, sir.
JUDGE BlxBY's COURT.
O. Do YOU recollect the day you went to Judge
Bixby's Court9 A. The 1rst day
Q. The last day A. Yes
q. We're you cross-examined that day A. Yes.
q. Did Mr. Beach appear for Colonel FlsS A.
Q. VIII you state about what hour it was you left
| there2 A. 1t was about two O'Clock,
| Q. Did you see whether Colonel Fisk was there on
that day or not A. He was there on the first day
short time; we had several adjournments; he
never appeared but twice, think.
Q. On that day did you leave anybody but
servants In your houseY A. No. don't think there
was anybdy in the house.
Q. Was the house closed that day? A. l think
the windows were open; after cot home closed
all the doors, because had terrible headache; no
called that afternoon; nobody callsd there ex-
cept beggars; but no visitors on that afternoon
| at all
@. When did you first hear Of this firing A.
heard of il about six O'Clock.
Q. How did you hear I A. A newspaper reporter
came to the house with the intelligence; my cousin
| went to the door; I would not sec him.
Q. Have you ever seen the prisoner since then
| A. Never until to-day.
9. Did you see Colonel Fisk after the shooting,
| before his death 7 A. No, sir.
| @. DID you see him after his death A. No, sir.
| e. You have never seen the prisoner until TO.
dayS 4. No, sir.
Q. On the 9Th OF January last were there any pa.
| of Stokes In A Xog I N