New-York tribune., 1873-01-06
COTNSELS, OPINIONS.

Mr. Lyman Tremain and Mr. John d. Town
send counsel for Stokes In consultation last evening
at the Glsey House. where TRIBUNE reporter oonversed
with them. They expressed themselves quite much
surprsedat the unexpected verdict the general public
appears have been; and neither Of the gentlemen
seemed TO have recovered the depression into which
they were naturally thrown by the disastrous result of
case In which they had closely identified themselves
with their unfortunate client. They conversed freely
enough about the ease but In desultory way, the
disaster had left them for the moment without definite
purpose.
A bill OF exceptions had, however, been determined
upon and II the counsel retained
day. when sentence IS 10 be pronounced steps will be
taken at obtain stay OF proceedings and obtain
at the General Term Of the Supreme Court or In the
Court OF Appeals, revision Of Judgment and
trial Both counsel expressed themselves satisfied that
there good grounds for asking for both the stay and
the revision, and are prepared to make application
But Mr. Townsend is to sail for Europe on Saturday.
and Mr. Treman is engaged in other important cases.
and unless retained at they will probably not ap
pear In the again.
It was learned elsewhere and partly confirmed by the
counsel that OF the jurors willing TO sign
recommendation for the Communication of the sentence
Imprisonment for long term and 1t rumored that
the prosecuting attorneys and the Judge had expressed
G disposition TO join In the recommendation, but this
story unconnrmed, and is probably unauthorizedf If
not untrue.
Mr.. Tremain, in conversation with the reporter, said
he attributed the adverse verdict largely TO the public
cIamor against criminals and the earnest demand lately
made in thenewspapcr for the vigorous enforcement of
the laws. When 1t was remarked By gentleman
present that to try the at this time was
for these very reasons, TO assume grave
responsibility the part Of the counsel Mr. Townsend
and Mr.. Treman looked at each other In such sgnh
cant way that the speaker apoogzed for his remark
hoped he had not offended tbem Both counsel
then stated that they had advised against
trial during December, partly on the ground
that the time was unfortunate aud because
District Attorney Garvin anxious to ave the case
put over untlthe present term But the prisoner In
sisted first and last being brought TO trial at
and Mr.. Tremain prodnceu letter from him, dated
Dec. 0, in which he insisted that the trial
should be forced his release bail de-
manded. The counsel Ind thereupon consulted as
10 the adyisabty OF Withdrawing but finally, IN view
OF the fact that several other lawyers had previously
abandoned the case and through sympathy for his
fortunate condition, resolved TO remain. Sub
se1uently Stokes insisted, also against tho ad-
vice OF counsel. that his defense should be
based on the ground OF justhabe homicidev'
thus excluding all the medical testimony, which was
main reliance the first trial. and to which tho dlsa-
agreement OF jury attributed His letter also
signed by the father mother and uncle Of the prisoner
and finally accepted BY the COUNSEL though against their
tuf1o ant