Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1873-01-08
THE STOKES TRIAL.
The Fatal Verdict.

New YORK, January f. = Great
crowds gathered around the Court of
Oyer and Termlrer to-day, when Mr..
| Tremaine was making the concluding
portion of his argument in the defense
of Stokes. He was very severe upon
the boy Hari, alleging that he was a
! perjurer, and his animadversions upon
the character of Fisk were quite bitter.
He claimed that the shooting of Fisk
by Stokes, under even an appreben-
sion of danger, if that apprehension was
sincere, was justifable defense.
After an exhaustive argument, in
which the character of Fisk and the
witnesses for the prosecution were Sc
verely excoriated, Mr.. Tremaine closed
his effort for the prisoner at l O'Clock
There was great applause from the au
dienee upon the conclusion of the ad :
dress, which was suppressed by the
Judge. After a recess Mr.. Beach
commenced his reply for the prose-
cution, and spoke several hours. He
reviewed at length the testimony of the
principal witnesses, and called upon the
jury to judge whether from the story
of Stokes himself the case was not one
of murder. Stokes early career and
the circumstances of the murder were
commented upon with severity. On
the question of generalization, Mr.
Beach submitted to the jury on broad
principle whether at the moment of fir-
ing the fatal shot the prisoner intended
to kill
The closing scenes were highly dra
matte and exciting. At II O'Clock
rumor circulated through the loungers
in Court that the jury had agreed, and
that the Judge had been sent for, aud
the ominous statement was made that
they had agreed on virpect of muir
der in he first degree. The report was
received with utter incredibiiity. At
II minutes past l l the familiar sound
of Hats off in court" was heard, and
and the counsel upon either side, fol
lowed by the Judge, entered court.
The expression depicted upon the face
of the former clearly indicated the
nature of the verdict Mr.. Sparks.
Clerk of the court, standing up in his
place, said: "Gentlemen of the Jury,
please answer to your Names" and this
formality having been gone through,
he said "Gentlemen, have you agreed
upon the verdict 2" And the foreman, ,
in unfaltering tones, answered ave
have, and in reply to the usual inter
rogation said 1--WE find the prisoner
guilty Of murder in the first degree"
At the announcement of the virdict
the prisoner lost the air of frmness
which has characterized his demeanor
from the commencement of the trial,
and becoming CHASTITY pale threw his
arms in the air with a gesture express
sive of utter despair, while at the same
time his sister, who stood beside him
attired in deepest mourning, uttering
low wall of agony, which vas deliber-
atej y heard through the court. After
a pause of some moments duration, Mr..
Tremaine requested that the jury be
polled, which was accordingly done.
Meanwhile the sister of the prisoner
gave way to the most violent expressions
of grief, which only ceased when the
condemned man, turn ng around to her
with beseecning look, besought her to
be calm. Colonel Fellows, counsel for
the prosecution, then said 1T be-
comes my painful duty to move the
court that the sentence of the law be
now pronounced upon the prisoner"
Mr.. Tremaine, with an expressive
glance at the sister and relatives of the
condemned man, said that be thought
the passing of the sentence might de-
Gently be postponed until Monday
Judge Boardman said there was no
necessity for pronouncing the sentence
tonight, and no improperly in postpon-
ing it until Monday; and he should
therefore order the sentence be sus-
pended until Monday.
New YORK, January 6.-Stokes
was in the Oyer and Terminer Court
this morning to receive his sentence.
Tremain, his counsel. made an address
in relation to the bill of exceptations to
the Judges rulings, which he pro
posed to offer. The prisoner was then
asked what he had to say why sentence
of death should not be passed upon
him. Stokes thereupon said that he
had moi violated the laws Intentionally :;
that the testimony upon which he was
convicted was manufactured and per-
jured. Judge Boardman, then, in a
feeling address, in which he alluded to
the prisoners youth and social surround.
ings, sentenced the prisoner to be hang
ed on Friday. the 28th of February
next, being the shortest time that
could be legally allowed the convicted
man. Stokes counsel were in consul
tation last evening. They were greatly
surprised at the virdict, and expressed
their purpose of applying at once for a
stay of the proceedings
Ultimately, if possible, his counsel
will seek another trial. It seems that
the lawyers regard the newspapers and
public clamor about the prevalence of
righteousness as partly responsible for
the the adverse verdict. They should
have deferred the trial of the case at
this time but for the demands of the
prisoner and his relatives.
THE New RUSSIAN WAR.--Kh iva.