The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-23
STOKES AGAIN.

A Motion to Bring "Irreg uIa rites, In
the Oyer and Terminer Within the
Purview of the Appeal Courts-The
District Attorney Demurs-Decisio on
the Motion To he Given This Morning.
The long and anxiousy looked for revival OF the
Stokes case In the courts took place yesterday in
the General Term OF the Supreme Court OF this
city. Public interest as to what would be the de-
cision OF the Judges on the motion for a writ OF
error and the bill OF exceptions to the charge and
rulings oiJudge Boardman, taken at and subsequent
TO the second trial Of Edward S. Stokes for the
murder OF James Fisk. Jr., in the Grand Central
Hotel on the 9th OF January, 1872, has never flag
ged. The frequent murders which followed like an
epidemic the shooting or Fisk, and the prompt
yindication OF the laws which followed in the
Of Foster in this city, OF Rogers in Brooklyn, Of
Carney in Buffalo, OF Frelich in Syracuse, and the
inevitable fate OF the unfortunate Nixon sentenced
TO be executed on the nth day OF Nay next for
the murder OF Phierer, has materially tended
to keep the Stokes case and the interest
attached to IL fresh in the minds OF all.
The General Term OF the Court, before the Judges
Of which the opening arguments OF the case must
be made before final reference to the Court OF APP
peals, sat yesterday, Judge Ingraham presiding,
with Judges Brady and Davis on the bench As
might be expected the court room was crowded,
and the greatest interest manifested In antci-
parlon OF the proceedings. There was enough In
the presence OF a formidable array OF counsel. and
Q still more formidable display Of law books, briefs,
piles OF testimony, records, bills OF exceptions &C,
10 bring up the popular feeling 70 fever heat.
Stokes himself was not present hut his aged
whose appearance have become known and IA.
miar 10 the hdbitues Of the Court OF oyer aud
Termner occupied seats within the bar ana close
TO the counsel for the plantin In error, which N
now the legal phrase for Stokes IN TINS branch OF
Mr.. LYMAN Tremain, Mr.. Dos Passes and Mr..
Bramherd represented the plaintln In error. and
District Attorney Phelps and ex-Judge Fullerton
represented the People OF the State OF New YORK,
defendants In error.
when.the Judges had taken their seats Judge
lngraham read some unimportant decisions, and
he District Attorney said that In the case OF
edward :. stokes the plaintiff in error. vs. the
'eople OF the state OF New YORK, defendants In
rror, he was ready TO proceed with the argument
IN q demurrer to a motion Of counsel for the plain.
Mr. Tremain then rose 70 explain his notion
which, he said, was simply preliminary 20 the
nain issue OF the case HIS motion was for an
rider to compel the District Attorney, for the peo-
le TO join issue in an assignment of error In
acts, in accordance with the practice or the
curt. With regard TO the main issue Nj. Ire
ian said that the counsel for the appellant In
.e case had used the most extraordinary diligence
/ getting prepared TO meet the case as soon
THE WRIT OF ERROR IN TUE CASE
Nd not been signed until the present term OF the
\ )urt had begun. Since that the counsel had rot
e writ OF error covering several thousand iollos,
n tinted. They had also got the writ 81 certiorari,
# hich was applied for in the ordinary way in the
,urts, printed. ana this covered over four thou.
nd four hundred folioe. Finally, they had got the
VI cord In judgment, which they had only received
Nh ice the term began, printed also, and this covered
VA veral thousand folios. He stated this TO show
Nf at counsel had used the most extraordinary dL
K nee.
1 q Here the Judges conferred for little.
i Judge lngranam-What do you intend 70 do with
II : man notion
L Mr. Tremain-I merely make this preliminary
,ton to-day for an order To JOIN issue in assign
mt OF errors In fact.
ourt-But what will you do with the ofderp
". lIeWaip--IQ BQstlQpe " ior aletlsr teIlp,