Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-06-11

| lUbO CONSIDERATION ali Jile CifcuUlSJduCosj
be was willing to share the responsible
ty of such disposition Of the case. At
ter this understanding he gave the case
| to the Jury. The latter retired, and after
a very brief consultation, returned and
rendered verdict of guilty of murder in
| the second degree. The judge there
upon sentenced him to imprisonment in
| the penitentiaTy for life.
Coal Elevator Burned.
CINCINNATI, June 10.-A fire occurred
tonight, shortly after nine o'clock, in
| A. Buchanan & Co.'s coal elevator, cor
ner of Smith and Water streets. The
elevator was totally destroyed. It cost
| twenty-eight thousand dollars, and was
valued at twenty thousand; insurance
ten thousand, in Cincinnati companies.
The boiler of the elevator burst. During
the fire, an alarm came from the same
box as the fire on Sunday. Fifty thou
sand people are estimated to have flock
! ed to see it. The fire started near the
boiler-room, but it is thought by some
to be the work of an incendiary. The
engines had the fire totally eXtinguished
in an hour. A brisk rain was falling at
the time.
How Stokes Gets q New Trial.
ALBANY, n. Y, June 10.-The court
of appeals were unanimous in their
opinion granting new trial. There are
tWo opinions written-one by the COVER
nor and the other by RappallO. The
charge is held to be erroneous on the
point that the law presumes murder
/ from the fact of the killing, and calls on
the prisoner to mitigate or justify it.
Also, that there were errors in excluding
/ tho v,roOf r,f sHraofo NV HncpaGp6 fO Eill
! the prisoner. Also, in permitting Mrs.
Morse to contradict Jennie Turner on
! the collateral matter called out on the
erOss-examinatiOn of Jennie, to-wit: As
to whether she left Mrs. Morse's against
her wish, and because detectives were
after her, soon after the homicide. There
were other points discussed, but these
are the principal ones.
New YORK, June 10.-When Stokes
was informed of the decision of the court
of appeals, granting him new trial, he
expressed himself well pleased, but
added, quickly und somewhat sadly:
Z" The report might possibly be untrue,
and the disappointment would be all the
greater il such proved to be the case"
His counsel, Mr.. Daspassas, relatives
and friends soon arrived at the Tombs,
ard there was a good deal of rejoicing
among those interested at the favorable
decision of the appellate court. Daspas-
sas says that upon the next trial he will
prove to the satisfaction of the public of
New York that there has been a gross
misapprehension of the case from the
day of the tragedy, and that he viii be
able to establish the fact of StOkes's in
| nOcence by evidence of an overwhelm-
| ing character. Bets on the decision are
in favor of Stokes.
Michigan HOrsefIesh.
GRAND RAPIDS, June 10.-The first
days races of the Valley City driving
park association, took place this after
noon, at the fair grounds. The altern-
ate sun and cloud made the day all that
could be desired, while the shower of the
! previous evening put the track in the
! best condition. The attendance was
much larger than anticipated, and added
zest to the performance of the horses.
First RGce-FOr horses that never
trOtted better than three minutes, $1,000
to the first, $500 to the second, $500 to
the third, and 500 to the fourth, was
won as follows: Joe Udell, first money;
Albert, second; Barney, third, and Lady
Ida, fourth. Time, 2:404, 2:4l, and
2;37f.
Second RGce-Open to all horses owned
in this county, $500 to the first, $3.50 to
the second, $50 TO the third, and $50 to
the fourth, resulted in Black Diamond
getting the first money; Katy H, sec
ond, and Mildness, third, the fourth
horse being distanced in the last heat.
Time, 2:563, 2:57t, and 2:473.
Third Rdce-For horses which have
never beaten 2:26; $500 to the first, $3.50
to the second, $3.50 to the third, $50 to
the fourth. The first money was won
by Fred Hooper, the second by Ripon
Boy, the third by John H, and the
fourth by Western Boy. Time, 2:344,
2:33i, 1881.
The aggregate of the purses to be
trotted for tomorrow amounts to $4,000.
Among the noted contestants are MOllie
Morris, Fred Hooper, Western Boy, and
Edgar.
governor Baxter's Response to a Com
pltmentary Serenade.
LITTLE Rock, June Ex-Governor
Baxter was serenaded by the Capital
guards and a large number of citizens
tonight. He responded in half hours
speech, stating that be did not construe|
this into personal ovation, but one in
spired by the friends OF law and order.
He said he would not dwell upon the
unsuccessful efforts to GUST him and
oversurn the State government. Beset
with spies and foes in his own political
camp, he deemed it wise to call on those
not of his own political household to up
hold the government. When he took
unDn himself the oath of office it was no
6hmeaning vow, but one made with the
intention of faithfully discharging the
1raffa, ,f flo a
who believed he had consented to be in
augurated when another was elected.
In regard to that he would say the va
lidity of his election had been submitted
to every tribunal in the land suspected
OF having the power to determine 1t,
and further, if there was any fraud in
his election he was neither eognizant of
or privy to such a wrong-dOing. Had
his competitor been duly declared elect
ed, no man in the State would have
been more willing to respect his author
ity. When the matter was present
ed 10 the legislature that body,
including both political parties, decided
in his faver; and when in the face Of this
authoritative declaration an effort was
made TO go beyond the constitution by
applying for a quo aC0TTdlstO against
him, when that right had been specially
given to the legislature, it was reasOna-
ble to suppose that q conspiracy had
been formed to eject him from his office,
without regard to the merits of the case
Under these circumstances, and with a
further knowledge of the intention of
these bad men, he put himself in DO
sition to meet torce with force. 1t was
a source of happiness, however, that no
conflict arose. While Tumors of great
civil commOtiOn were being spread
broadcast not q ripple disturbed the
peace and order at home. He thanked
God that, while we have suffered some
from the acts of these bad men, we have
preserved the dignity Of the law, and
that hencefOrth the people are deter
mined to put down every reasonable
demonstration that may be made. In
the future he would be guided by the
same just principles as in the
past. He expected to remain faith
ful Ito his party; he was a Repub-
lican not only in name, but in principle;
at the same time he returned thanks to
the Democracy for the manner in which
they had sustained him; in his future
administration he should faithfully ad-
here to that great, fundamental princi-
pie, @the equality of all men before the
law" At the conclusion of the govern
Or's speech the crowd dispersed.
--@---------1z------s---
General George B. Williams, finan-
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