New-York tribune., 1872-01-30
THE Stokes TRIAL.
NOTION 70 ouAsH THE INDICTMENT.

tho Caur mod
" %, o,clock The noorety OF the persons q, the
~. :" ntortunate tragedy drew large oro~u W an.
NV -, many, of whom were unabie 10 e.~ -,
- and fingered throughout the uay sorts n,
Ain the hallway, availing 'ne,onor
- srbterfuges I'm order 10 sec ' -. N,ossrs per
's,o Dstr,ct- Attorney ana MS ,, rnonlo and
49,, snI,yau appeared on beh'ii oi 'no CO ''
loves a"u ,ohn NcKeon Willard Bartlet anu 0o"'
Jshn n Gerry arpeared for the prisouer' eVoAv
S M r,ht an nv sheriff Brennan, iooAi"N o".lli -,
osaea Curiosity TO see the liisouOi ,,, - ,ar
,,r of nre,ended lawyers ana Joui n'''o'' -
"a nv dint Of their supposcu P'O,N P, .,o1 tho
80 :. side II, bar Judge iuErahan o0'uPrI
paee nth was shared part OF the time py Juuso
oe"'r -, the accommodations for reporters were ap
van Ill number being obliged to stand and report
IN whatever way they eouiu'
MR. GRAHAM's ARGUMENT.
~, Graham said he gave notice to the DstrictAttor-
ev that they had motion TO quash the indictment Win
which they ready to proceed If the DS'foFA'''-
ley ready.
The District Attorney said he was ready
Mr. Graham said the papers It would be seen' were
.omewhat bulky but less would not have been ehous"
10 expose one of tho basest attempts to prostitute '
forms OF Justice TO taking OF the life OF an innocent
rrson The matter included the proceedings before tue
coroner He had newspaper which had taken ,t Iu,l
reports Of the proceedings. Tue Coroners Seinr
H29 s, he H' should SGaiTs into the condition of the
deceased 10 whether he was armed or 4, nII x
Finding 10 the prejudice of the prisoner this testimony,
ko that went TO the jury as though the connct h
ceased This he claimed contrary TO the act or 1870
which made II msdemeanor 10 interfere WIN IS per %
son Of a wounded man, which showed as he claimed the
relative position of the parties as 70 their power OF pro
lection against each other So the As,lstant DlStrvt
Attorney had pretended without any right that he knew
OF 10 act as the CorOuers legal adviser ana whenever
The prisoners counsel tried 10 bring ont iaet some
Kind OF signaling was going on between nun an" 'he
AMURDERoUs VERDICT.
when counsel that murderous verdict was
sought from jury the counsel for the prisoner had
demanded that evidence TO the clothing shond be
brought in The Coroner had declined to do so. holding
that they were there to try the prisoner bnt merely
90 find how Mr. Fisk came 10 his death. Mr.. Graham
commented on the fact that the jury were ont three
hours AS showing doubt in their minds whether this
not travesty OF justice. When the jury came IN
had called the Coroner attention TO the provision
OF the Revised Statutes requiring the proceedings to be
submitted at the first meeting OF terlr ana thoug the
Coroner had promised to consider th's; he had ca,
the Grand Jury aud the Dlsncr-Attoney had pressed
reason that her arm should fall on the prisoner;
Mr. stoEes's affidavit, ven below, Was then read.
Mr.. Graham. reSuming called attention 10 the
fact that the anemorem jury, after hearing Mr. Fisk
own statement had not found mat the shooting vas de-
nOcrate. That was what the other Jury should nave
found and would but fOr TINS pardpAernaia got up to
Msuuse b. Field was not in the original panel Of the
tury but came IN at the last momont for the purpose OF
other iuryman friend OF the deceased active in
the juryroOm TO get the strongest verdict they could
him SS much stronger than tSs Witch was returned and
thus they did not for personal feelings against him, but
Mr. Graham said in regard to this that the anthor Of
the outrage Dorman L. Eaton might yet be revealed
notwithstanding the haste with which this trial was
pushed
charge and having proceeded IN II after Fshs dedih
were unfit TO be the Grand JURY OF the casc
COUNSEL DENOUNCED.
Among the witnesses summoned was william Fuller
the counsel against the prisoner before the Coroner
dor
the influence OF a counsel MI. Stokes htd employed
Mr. Fullerton I'm suit at 500, but Mr. Fullerton ba'
claimed 5000 and his refusal to pay, had been IN
friendly to him. aud two DAYS before The shooting hao
Mr.. Graham denounced MIR. Fullertons action. havui
been the counsel Of the prisoner and arhed ms secret
stle approved by honest me'nr "f thG bar
Mr.. McKeOn asked tho District Ait1rh"! u he ma an!
answer Co the affidavit
Mr.. Garvin said he had not. .
Mr. Graham proceeded 10 argue that tn- 9lnIAN ]
being admitted IL scented blt stamped The Indictment
as paper unworthy TO remain ou the hes ot the Court
Jury was final n MAT were tho l9e, it were bet.
that the Grand Jury should he ahoiahod lie thought
f'ibstance 10 protect those falsely accused IRON henl
p@fed At length from Jidge story 70 ,bow fha il wa
regarded most Important VI"tecou 10 tAe ''SuSu
aud was placed in the Constitution of the United state
and Of the state. lie quoted from Blackstone io show
thar II grand jurors, well a. II re Jurors inSt
ground that the act Of 1870 egalzhe the >htns oi i've
idnes was unconStttuti0aal. bni u h't' lh'It "'''
CONCERNING GRAND JrRns
The answer would be that the prtscn'moDt - second
Grand Jury would come 70 the thing Out this was
no answer at all. The Constitution Of l177 roc0Sn1d
without specially naming the GrlUd JuV. Tue ld;cr
Constitutions named the Grand jury, but evidently
ferred 10 the common law GraIfd Jury. Nov the oath
o. the grand juror was such that grand Juror Of the
Court Of General Sessions, sitting with another Grand
the oath was not qualified Wy Tie Legslaarc It reqred
them to present al things truly rs they should come to
their knowledge. Tue Grand Jury Of the General oeS
tOns by this hTequired to take cognanee OF the
Up 10 1870 no precedent coud he found for Grand
Juries existing Ia the Court at the te Pre-
oedent and t9e IS M OF I1e rres
Mr. Graham here cited several precedeutS from
With Haies Pleas Of the Grown, showing that Wien the
Kings Bench came into any county t superseded any
other court % coSnfR naTtRf S5 S on and there might
Jury for each division but that was not what bad
county bat had shearod the Grand Jury OF of their
authority contrary 10 their oath Legislature could
not compel an oath and then place an Obligation Which
prevented its fulfment.
The Act Of 1870 dd mot permit the second Grand Jury
israte was brought before them by the District
Attorney. This curtaing Of the fsdctIOn OF the
merely 10 regulate Jurors II, therefore, In local act
The law as to the General Sessions gave it turisdicon
the oyer and Termner. but tRis law Withdrew pOr
Justice iugraham reminded Mr. Graham that the ses.
sons used 10 adjourn Whenever the oyer anu Teruer
met
SENSATIONAL TINS.
Mr. Graham-Yes, but these Sensational times
Sensational law would he the death OF public Justice 1t
had said that sensational popular Judge was
deformed thing. No Judge who sought TO please the
popular cry could keep his face set toward justice.
Mr. Graham proceeded 10 cite to show that the
title OF this act did not show its result Had he counsel
sudied the Constitution OF the State well before ne
had within the last hours, he would have per
ptted himself 10 be gagged by the plant malleable
Coroner before whom e had been precluded from action
accused
sented by That Court and no gave notice
the time he was before Coroner he would not