The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-28
STOKES LAST APPEAL.

One Effort More by His Counsel-Motion
TO BE Made for a stay Of Proceedings
Alleged Irregularities by Jurors DUR
ing the TriaI--A Juror Visits the Ora nd
Central Hotel. Another Examines Pis-
tolls and the Prisoner Himself Leaves
the Court Room, for Four Minutes Un-
known to Counsel-The Case To BE Ar
gucd Before Judge Bonrdmnn ON Fri
day Next.
Yesterday, Immediately on the reassembling of
the Court OF Oyer and Tcrminer in the Tweed case
after recess, the attention OF the Court was di-
verified from the trial in progress to the case OF the
condemned prisoner +. s. Stokes. The appear
ance of the counsel who defended Stokes was suf-
ficent to draw rom the other courts and from all
parts OF the building as large an audience as on
any of the days OF the prOtracted trial crowded
the court ROOM The action to be taken in the
matter was looked for with the greatest interest,
the Boss ana Garvey and Ring delinquences were
forgotten for the time and the Stokes question
again ruled the Court.
Mr.. Tremain and Messrs. Townsend and Dos
Passos having taken their places,
Mr.. Tremain rose and, addressing the Court,
said he would beg the attention OF His Honor Tor
little time to different from that he was on
the bench to try. 1t the case of the People vs.
Edward 5. Stokes. lie had prepared afdayits and a
bill OF exceptions, upon which he to ask for an
show cause why the verdict passed upon Stokes
should not be set aside, and counsel requested
Judge Davis to fix an early day for hearing a mo-
ton to that effect 1t was unnecessary to read the
atiidavits, but they were substantially to this
effect
THE ALLEGED IRREGULARITIEs-A JUROR VISITS THE
GRAND CENTRAL HOTEL.
One, that juror during the trial, separately
and passed all over the place to which the evil
dence referred and possess himself OF evidence
not given during the progress of the trial through
tho fhn and
was used by the jury during their deliberations.
ANOTHER JUROR EXAMINES PISTOLS AND Is IN
FLUENCED THEREBY
Another that a juror, during the trial, to satisfy
himself whether the evidence OF witness for the
defence was to be credited went to pistol store
TO satisfy himself whether the testimony true,
and was influenced by the examination he made.
THE PRISONER Is ABSENT FROM THE COURT FOUR
MINUTES
Another. that during the trial. while witness
was on the stand, without the knowledge OF coun-
sell the prisoner withdrew from Court and was
absent from Court four minutes, while testimony
was introduced by the prosecution, and was re-
ceived with no suspension OF trial, and the witness
was not rc-eXamlned after the prisoners return.
HONOR WITHDREW.
Another, that during the summing up by the
prosecution His Honor withdrew, and the summing
proceeded. Another. that three jurors were i'm
bueo with sentiments OF bitter and decided hos
tllity against the defendant, unknown to him;
that one OF them declared hanging was "too goods
for the prisoner; another, that he would like to
get on the jury to chang him." and another used
similar expression. There were other points as TO
improper influences operating on the jury;
| these he asked the Court 10 fix early day to
'show cause" and let the papers be served on the
| District Attorney.
| the Court-Wnen Will Judge Boardman be here
! Counsel replied that MIR. Dos Passos had letter
from Judge Boardman stating that he could not be
| here earlier than saturday Counsel wished an
early day for this motion, heard early, and decided
| before settlement OF the bill OF exceptions, which
| must be settled In the same term as the trial, or
| an adjournment OF IL. We have had army OF
clerks at work to get the bill OF exceptions ready
The signing OF the bill Of exceptions is act of the
| Court, and must be done by Judge Boardman in the
court, therefore expect him TO DC here at least
| on saturday, II Your Honor asked the question
| with reference to his hearing the motion TO set
aside the verdict.
Judge Davis--Yes, sir; some OF the grounds
stated make 1t peculiarly appropriate that lie
| should hear the motion.
/ Mr.. Tremain-liis Honor has expressed his pref
erenc", rs he came here simply to try the case that
all future action be by the judges OF this district.
very last hour. In that case 1t would necessarily
be thrown beyond the present term, and that
would be unfortunate.
Judge Davs-Thc oyer and Terminer is contln-
| nous term. That point ~ not important.
Mr.. Fulerton-Ihis being an er parte applica-
ton | don't know that / am entitled TO say any
thing.
Judge Davis (smilingy)-Only as dnaicis c1fG.
| MI. Iremain-li 1t In any degree partaKes Oh an
objection to the order trust IL Will not be maue
| Mr.. Fullcrton-I want to make q suggestion ior
the convenience Of the other side as well as our
own.
would suggest II the order IS made returnable
Thursday morning there will he no time To give
1t attention on the part of the people.
Mr.. Tremain deprecated any delay, as they would
be cramped as to time.
| The Court finally set down the case Tor FRIDAY
| next, ut hafpast ten O'CLOCK, 10 DC nearu py
Judge Boardman.
| Upon Judge Boardman's decision, after hearing
! argument by the District Attorney and counsel Tor