New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-29

had subsidized. then tho time to give morphne ~
would produce that quie and absolute rest OF tno
gains in the abdominal cavity which alone could permit
Therefore We may ha as tSe treatment Of
phne was proper and properly carried gu. o nnr or
PENDANTS at the sick name bedside ;ors found him
IN drticuo norris Now submit 10 you, nov H treated
as common sense that me n peStment was dscon
tnued then It is matter OF the sign h ded NJ
II O'clock ON that morning, he died from the ined.e
c ctS tine morphine or not. The character OF tne
% W. ma IIonSuaco Of the old law makers, ~
he had not had the wound no had not n,e ~
b have not given vet the slightest proof thAt ts
& died from the morphine, that he did not ore
from the wound ITSELF but they bring medical gente
ou here who arc ready enough 10 say that upon INC
bvpothesis they believe death resulted from morphine
poisoning They. who never saw fisks %Guhu u are
ton and IS not OF them who dares 70 say th
in bis opinion, Fisk died from the morphia admnistefea
10 him. But look this fact the presence OF m0iphno
poison detected by the insensbiitY OF the pup Oh &
eve. There was not one word In tue hypotnes,s wn
OF the murdered mans eye contracted ana eA
freely on the admission and exclusion OF the hchti .r
III regard to the question OF justa0o homicide teh
YOU gentlemen, there must DO an Immediate appreneu
sion OF danger before the life OF human being can DO
taken And what Is MORE the conditions OF pubic safety
peace provided for by the law which says lHar
life must not be taken while retreat 10 possoiG, Ho
must the encounter be sought but avoided. III go
whore know my adversary Is TO be am Iesponsino
for the meeting and result which follower my ow tsSv
You that there reasonable ground to 4ppeniebne
danger from the pistol of Fisk and that was
Mr. Phelps then reviewed the history Of the business
relations between stokes aud his victim from the time
Of Their inception 10 the rupture and subsequent hos
ity horse-racing business was then referred TO-
aud StOkes's movements were carefully traced
EVIDENCES OF FERMENTATION.
Oa'the prisoners statement of the case BIO was
going TO see lady who was at window Of the hotel at
place where he had never been before lie went up
stairs be says, and passed the room where the ady
was standing, merely gancng at the lady. He fallea
to recognize her. but instead of leaving Immediately
having then no object in continuing bis VISIT ne OlleIcu
IN the hotel instead OF going on ms erranu o. getuhe
tickets for the Black Crook. After lettering ABOUT Tue
the private staircase and while on his way heard
voice below The voice was that OF FISK. Flsh was
every act was proclaimed from the mouse
tops Between him aud Stokes a Dltter leonug
say 10 the contrary, none could know better than
he whose the voice was below; But stokes sau JIG
nized him. This could not have beeU inasnuc as uhy
ono OF common sense should know that on winter
evening tue man INJURED TO darkness for time could
better recognize person than tie man VINO nau suuemy
into comparative darkness from broad daygn ~
statement the prisoner that he had TO get out OF e
tio Staircase he could have rc3reated easily. But
stead of doing this stood where he was and deiDe-
ratey fired at Fisk wnO WAS labOrng 10 get up
sfairS-1red having every opportunity OF position,
and onpnTtnnv The eond1ct OF The prisoner after the
shooting indicative OF guilt He sought by every
way 10 make exit into the street, but was stopped
by the accusing cry Of Tommy Hart: That is the man
That shot him." When arrested ana interrOgated no
merely denied that he had come TO tho hotel make
any disturbance, aud brought before the man VINO
WAS shot, and VINO recognized the slayer no did not
deny the charge THAT had committed the fatal deed
But it is claimed he then confused yet not
outstanding such confusion he had sufficient eOOness
10 deliberately draw and fire his pistol and aIet tlI
scene slaughter, nothing dropped from that cOniuseu
hand except the pistol from which was hrcd tbe
fatal ball. And still more GOODNESS did the dhny
gentleman exhibit when be sought 10 leave the hote D
The most unfrequeIted way. But 1t - said mat hOlti
was too public place commit MURDER ~ so, was u
not il lust as pubic for Fisk, II he, the prisoner had
sought 80 prove had fired at the prisoner IN tle se
place. True It was public place. out II was noE mort
public than the spot in which Abraham LhcOln was
murdered In that instance the murderer oscaped ana
If Stokes had been equally fortunate he probably Wod
never have been brought TO trial But Providence pre-
vented his success Murder, though y hath 10 Tongue
viii speak most miTacul0usy. From even me
pIisOner's explanation, submit 10 you whether
Inc facts do not disclose all the elements
of the crime of murder MY learned friend sad ther9
was no motive for crime of murder; ana yet counsel
III the breath tells you all the PRISON. had suffered
from Fisk. Was there no motive theref why LOT
months before stokes had been prOcldmipg every
that Fisk was his bteres enemy. The afXt element OF
The crime was opportunity. He carried ite pistol IN an
Outer pocket lie had the vantage grO1no' ana more
than tnat he had location where FisH might DC OK
pected.
The Court adjourned at 500 p IN. uphill 1929 TINS
morning when the Distrct-AtOrncy wis continue MS
odd r.g tn he