The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-15

| ncy and the Approaching Fate or
stokes. rr
| The columns of the HERALD to-day present
two terrible warnings to those whose lives are
given up to the dissipation, license and ruff
fanism which have recently run riot in this
| and other cities-the execution of the muir
derer Gaffney in Buffalo and the denial OF O
new trial to Stokes in New York. The two
criminals have occupied exactly opposite posi-
tions in life-the one brought up among the
dregs of society; poor, brutalized, trough"
| by instinct and rising through his qualifica-
tons as q rowdy to the proprietorship of q
low drinking saloon in questionable locality
the other of respectable family. well educated,
moving in good society, and at one time with
brilliant prospects before him. But both
were the victims of lawless and unbrided
passions both preferred the path of sin to
career of rectitude and honor both INDUCED
in excuses and what to them for the moment
seemed enjoyment without regard to the ir
own characters or to the peace and happiness
of others, and thus the two men, so opposite
in life, with such diverse fates apparently
before them, are, by the community of crime.
united in q shameful death upon the gallows.
We say united, for we regard the fate of Stokes
as sealed. The hanging of the rowdy muir
derer makes the escape of the polished assassin
impossible. Gaffhey. ''crazy drunk as he de-
clares, sat down in saloon to play cards, lost
all his money, got into quarrel with his VIC
tim and, after the latter had left the place. fol-
lowed him to the sidewalk and murdered him.
Stokes, sober and cool Of purpose, trapped his
enemy in q narrow passage from which there
was no escape, and shot him down. In the
one case there was the madness of lquor-the
frenzy of passion to hurry the drunken ruffian
to crime; in the other there was deliberation
and deadly hate to direct the aim and nerve
the arm of the gentlemanly assassin. As the
gallows has claimed the one, it must assuredly
not be denied the other
What lesson do the two stories read to the
''None are all evil;" and in the heart Of the
Buffalo murderer lived tender love for his
children He feigned insanity to avert death;
not that he feared to die, for he went
bravely to his fate, but because he chung
to life for one object-that he might
only occasionally hear from his children.
He was contented to remain all his days in
prison, SO that the one bright ray might some
times penetrate the darkness of his celtic
hear from his children! That would have
been his consolation and have recompensed
him for the loss of liberty. 1t was the
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not think of those he loved when he raised
his hand against the life of fellow creature
He did not think how many hearts he might
strike with anguish when he laid Fahey o
CORPSE at his feet But when the hour of
punishment drew near he hungered for life,
because his children lived and because he
might sometimes gain idings of them-per-
haps sometimes see their faces. What would
he have given, when his last hope was de-
stroyed, if the fatal act for which he suffered
had never been committed, SO that he could
once again have heard the voices of his chill
dren-have felt their clinging arms about his
neck and their warm kisses on his cheek!
And Stokes, who has relied so confidently on
escape through the too wide meshes of the
law-who shall soy what his feelings must have
been when he heard of Judge Board
mans decision; when he found that
the new trial, upon which he had
forced himself to rely so confidently, was
denied him, and that he must prepare for the
fate he has drawn upon himself? The repre-
sentatives of the press were denied access to
him-very properly, we think-and the men,
bers of his family alone visited him; hence it
can only be conjectured how he received the
intelligence But we can readily imagine
that his confidence must have given way and
have been succeeded by fearful depth of
despair. His father was there, and his faith
full brother who has stood by him SO constantly
through his imprisonment and trial. What
would Stokes have given yesterday afternoon,
when he read the calm, logical decision Of
Judge Boardman, if the terrible events of the
past could have suddenly proved to be o
dream if his victim could have been restored
to life if the walls of his noisome cell could
have suddenly disappeared and given place to
the scenes of his happier and more innocent
days; if he could have walked forth q
free and an innocent man, to seek the
wife he once loved and the child that bears
his name? Yet he did not think of wife
or child, of father or brother when he COM
mitted the murder for which he must atone
and which has drawn such grief and misery
upon his innocent family.
The decision Of Judge Boardman must,
we think, be regarded as a final disposition of
the Stokes case. Its reasons are too clear and
convincing to admit of any review by q single
Judge, and it sets forth the only remaining
chances for the prisoner-the one an appeal
to the full Supreme Court by way of review Of
the decision or as an independent question, the
other test of the constitutionality of the Jury
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