Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-06-13
THE STOKES CASE.

The general opinion in relation to tn,
decision of the Court of Appeals which
gives Stokes new trial is that it viii
amount to clearing him from the gallows
This may be wrong conclusion, but it is
the one adopted, whether right or wrong.
With some the opinion of the Court will
have weight. but the most Of people who
know of the facts will give no heed to the
reasons assigned Tor new trial. regard
ing the decision as only step to make
possible the final escape of Stokes. 1t
has been said from the first that money and
influence would clear Stokes if it were
possible. Both have been used no doubt
to the largest extent. That they have
been able to operate upon the Judges to
produce this decision, in which they all
agree, we are not prepared to believe,
much less assert; and yet the ugly ques-
ton will arise to perplex every man who
would see equal justice mcted to all,
whether the murderer would have gone so
long unhung as he has, or this delay and
perhaps means Of escape from the halter
been afforded him had he been poor and
without influential friends. The papers
of New York do not agree in their opinions
upon the matter. We copy the following
from the columns Of the three leading
dailies. The Times says:
Concerning the opinion of the Court of An
peals, there is prevalent impression in the
public mind that it saves the life of Stokes
that new trial will only result in disagree
ment, and that it is another illustration of the
obstacles in the way of swift and certain JUS
tice which the law imposes. This effect upon
the public mind 10 unfortunate, but it is inev.
table. We think, however, thar the case il
by no means necessarily concluded, and tina,
the excluded testimony Of threats, if repro
duced and admitted, or q different charge o
the court, if made, would not be sure to ma
terially alter the case for the prosecution.
The Tribune remarks;
II 10 too much to inter that this decision il
to result in the acquttal of Stokes or in his
conviction of lesser degree Of crime. lie
can now be tried with as fair a chance fol
himself and for the State as ever before. Per
haps the list of surprises In this extraordinary
case 10 not yet exhausted. The disagreement
Of the jury on the first trial was unforeseen.
The sentence in the second trial WAS nine
days wonder in the city. The reversal of this
sentence by the Court of Appeals has been
the most startling event in the whole drama
In spite Of its obvious justice and legality it
win produce a disagreeable effect among
those Who believe in prompt hanging as civ .
liking agent, and all thoughtful people will
agree that there 10 something wrong in our
principles and methods of criminal law render.
ing 1t possible for homicide to be tried three
times for the same offense, simply because he
and his victim had connections wealthy and
influential enough 10 enlist the most energetic
and skiilful measures Of attack and defense.
The Herald says:
We are to haye Q third trial of the man who
shot down Fisk but who can say confidently
that the verdict, If any. on the next deliver.
ance will be whit more perfect or less liable
to be upset than the one already dead letter
The ghosts Of Nixon and Reynolds rise up tc
rsproach us. Had they money to fee lawyer,
beyond the rating of the Police Courts who
can tell that they would not to- day have beer
receiving congratulatory visits from theil