The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-05
PROCEEDINGS OF THE COURT.

PROCEEDINGS OF THE COURT.
Fourteenth and Closing Day-The Sum-
ming UP for the Prosccution-The
Charge to tho Jury-scencs and Inci-
dents-vcrdtct, Murder I'm the First
Degree.
AS the trial of Stokes nears its end the public
interest in the result seems to become more and
more intense. The crowd began to assemble as
early as nine O'Clock and the corridors were filed
long before the hour for the opening Of the court
The doors were, however, kept closed until Judge
Boardman arrived In his chambers. general
rush was made when the doors were thrown open,
ana the police found 1t necessary to place bar
across the door. Every available seat in court was
occupied In . few minutes h
CONCLUSION OF THE SUMMING UP FOR THE DEFENCE.
Mr. Tremain, in resuming his address to the
jury for the prisoner recalled the argument Of
Friday night, and then proceeded to argue from
the localities that Hart lied or all the witnesses
who were near the spot ct the time Of the shooting
lied. He then called attention in this direct con-
nection to the fact that 1t thought necessary to
confront Stokes with Fisk for and that
Hart, who says he knew IL was Fisk who was shot,
never pretends to have, said that Fisk was shot
Who was 1t that told these boys and Henry De
m0nd told them they were to keep SILENT De Corley
told them the same thing. Who was 1t who was q
friend Of Fisk Was it not singular that De Corley
should be found inattentivs after two years. ser
vice for the first time, just after the rst trial
What influence succeeded IN discharging John
Moore, the nrst man
WHO REACHED COLONEL FISK
from the street, Who was It who expressed q re-
greet that there was some difference between the
testimony for the prosecution Would not man
Of humanity have reoiced at the possibility that he
might have been mistaken and that the prisoner
might be proved innocentf VINO was 1t who fur
nished these boys better food Who was it who
was contradicted fatly by Captain Byrnes as
to the man who gave him a pistol :
Mr. Curtiss was called to repel the idea Of the
presence Of any one In the hall. Why, many men
rushed in at the shots from the outside, and could
they believe that when they were heard those in
the hotel 84E
DID NOT RUSH THERE To0S
He only alluded to that to show that the most
honest man In moments OF excitement might be
mistaken as to circumstances. What power
mSyed the Morse family What power made
Jenny Turner disappear until. in the providence
Of God, her residence was communicated to the
not permit any veil Of charity to rest on Thomas
ans ne ne n WAS a
classes were as rule more bound by the rules of
truth than the more patrictan members of society,
and this boy could not plead ignorance or weak
heart Of man, except to the Almighty. and the the
hight that was thrown on IL by the testimony OF
the prisoner: &c recalled TO them the story ofthe
ALL WAS DONE IN a FLASH;
that there was no time for thought; that there
tried nt the Sar ana The VINO had abs
knowledge was not q harsh and stern Jupiter To.
mans, but q God Of love, who gave His only begot
ten Son that the world might not perish, but have
life. Mr.. Fellows had very
CLEYERLY INJECTED
into this case that on the former trial the defence
him. He forgot to tell them that on that trial the
prosecution laid the foundation Of that defence by
an Sas s Dr.
fence: The prosecution had not produced them
this time and 1t not for the defence to SO into
s e sRs sSsss s me %
aa Be p ts .s %
II nss as
pn I'll M DsS ss
to show that the character OF this man-violent,
reckless, without moral restrsint.was Known to
homicide was killing where there was reason
able apprehension Of life being In danger. He
was not bound to retreat at all. To run away was
repulsive to every man. To demand that when
man is in the right he shall retreat was to place
too great burden on human nature. He quoted
at some length from books to show this, and also
the prisoner honestly 81 some facts believed him.
4elf In immediate danger and that in this relation
they might take into account
> 49,. MORBID FEAR
on the part Of the defendant They must Judge
whether the prisoner with his light had reas0na-
BILE apprehension. The prisoner told them the mo-
tives and purposes which drew him to the house.
They found him not knowing that Fisk was to be
there. They found him at least eight feet from the
corner Of escape Or as he said three or tour steps
fires once, he fires twice, and Fisk's arms drop.
Stokes safety secured and he at once leaves the
cre Of the able and AU experienced
70 r. ssSssenSn sDe '
to call O. witness to impeach him-an abstinence
which, IN view Of the course of the prosecution.
they would not ascribe to any deicacy towards the
prisoner but rather to their inability and the fear
which any attack would have drawn out he re-
ferred to the testimony OF Mrs. Williams as to the
threats Of Fish against SSxes az to MS 81. carving
to the prisoner. He recalled the character given
to Fisk by the prisoner and railroad men, who all
thought him dangerous and reckless But 1t had
been intimated in the cross examination that he
was Q coward. What colonel OF regiment 2
cowardS GaughterJ And an ADMIRAL on the high
seas q cowardy But 1t aided the prosecution
nothing to prove that he was coward. Cowardice
and cruelty always went hand In hand. He was
the man who was
RECKLESS IN HIS MEANS,
who boosted his touch was cold and clammy, who
threatened Stokes with death and threw him into
prison, who showed more than royal state, whe
became colonel when he wished II, who employed
dancing girls and had O theatre for their exhibit
ton. This was the man who confronted the
prisoner on that day. Mr.. Tremain then considered
the question, was there another pistol He recalled
the testimony OF De Cory, OF the Harlem carpen-
ter, OF Stapleton and OF Jenny Turner IS to the
finding Of the second pistol, and the fact that their
cloak been between nve O'Clock and severn Mr..
Morse was not produced who took 1t from him.
It now appeared there were eight. What did
F1sk's remark mean,
''HE WAS TOO QUICK FOR ME"
heard by John Moore what CrOtchett's remark to
Cowing, 81 am looking for another pistol" what
captain Byrnes' question to De Corly II really put,
as TO the pistol before showing It, II there was no
second pistolf Counsel Impressed on the Jury the
dufv Of QiYin0 the ariao.ar tho honaat II auoru