, 1873-11-01

Tho st0koa Verdict.
From The Ntlo York 7rtbnne, Oct. 50.
Stokes jary.retirod, tho aconos in tho eourt-room
wero Of yery ordinary character For an hour
or moro tho seats vero filled, and much Of tho
standing room was occupied, but thoIe vas moth,
at ! O'Clock tho number Of spectators waB
reduced to less than 100, the ladies being
tho most persistent In awaiting tho result.
About o'clock thero w9s fnr@,ra fsn g dhS thS
obtained seats. Conversation ceased. hats
came OH, and all eyoa were strained to
catch sight Of Tho expected turymon, but when
tue character Of tho newcomers Wae understood
4 few smiles paascd and tho converahtion was
again renewed. Tho recurrence Of this llttlo DO.
ceit wae all TINT varied the monotony until 10H
O'Clock. At that time the council for the defense
entered, accompanied by the prisoner, and @ took
1y tho anzionB1y-expeotod jury carne In and |
took their seats. .Aa Boon Us tho court-room |
was quiet, tho foroman addressed tho Judge:
''Wo wish, your Honor, to be instructed In |
Judge Davis. You wish, AIr. Foreman, simply |
the definitions Of tho crtne7"
Tho Foroman--Buoh aa you gaye In your |
charge.
Judge Davis" Murder in Tho first dogree ID
do1pod by statuto In thoso words: Such killing |
~ 'shen perpetrated with . promeditsted design
to effect tho death Of the person Killed sha1l DO
ASE5%pNH
words premoditatod design to effoot tho death
Of tho person killed. are answered BY tho ao-
cused as before, or ut tho tflno formed IN inton-
tion to kill. Manslaughtor In tho second DO
son who shalf unnecessarily kill another, either
while resisting tho attompk Of ouch
othor porson to commit felony or TO do
some other unlawful aot.' ,Manslau1ghter in tho
SION, without tho design to effect death with
dangerous weapon In any caao except whoroin
the killing is said to bo justitlabo or excuHable
Manalaughtor in tho fourth degree is 'involun-
meanH neither cruel nor unusual, In the heat OF
paeBon."
The jury woro tAon allowed to retro for
further consultation, and tho prisoner and his
Tho jury again camo in at 11:2o p. n. In re-
epouao to tue question Of the Clork, F." Havo you
agreed upon Yerdict," Mr. Bartholomew. the
foreman, said they had. and, after tue usual
rho asoso md confronted them, the foreman
hGuilty OF manslaughter in tho third dcgree."
Tho announcement was Eroetod With choors
from some PORTIONS OF the house, while hlHses
obtrudod themselves in others.
Assistant DiBtrict-Attorney Russell moved
that Judgment be pronounced on the verdict.
h1r. .Tromain-"I respectfully ask ton min,
cliont. NO hope thero will bo no further occa-
aion for delay. Wl your Honor allow us to
withdraw to consult? ?" ....
Judge Davia-"I hope you will be very expe-
dttious,"
III. Tsemainm% I'VE we will; five minutes, per-
hlosars. Tremain, Dos Passos, and Drainerd
then retired with tho prisoner, and in half min
| ute returned.
! Mr. Tromain then Bnid'
'A1ay it please tho Court, tho counsel for the
prisoner feel that they bare done all that is in
their power to do to sayc tho lfo Of the prisonor
1,n1.n Eo1a and
| pud In tho na1no Of the prisoner I desire to
| thank the Court aud the jury, who know to bo
perfectly conscientious, and say that We ask tor
no delay. we might present evidence in mitl-
| cation "a to tho character Of the prisoner. But
presume your Honor has sufficient knowledge
to act intolligontly in that and other matters
controlling your discretion n melting out pun
ishment following that verdict. simply re-
been confined in the Tombs two years, that
| no has been senteuced to death, punishment
i think your Honor will DO inclined to take into
consideration in determining the amount of pun
finally determined, upon full trial. that hc fs
not g1tilty Of murder in tho first degree, bnt of
manslaughtor in the third degree. submit
that tho punishment to which havo reforred,
tho sentence he hns received, and the sacrifice
lo has necessarily been subjected to in defend-
ing tho case, may bo considered by your Honor
In determining the amount of punishment to ba
imposed upon him."
, o VIZ as -" +" a.v sb1 ~ asnt eho1d not
~ ea WIN, omnnnd ~ I aoa;,3at IL, asonrno to law
Stokes had all this time stood, as he has sat,
aan anp raser au 1;, .r ,shot a,mntimos
nenu 1t ~ o aa;rs 70 s;cd himse,f rom tho
soone4 - ~ w 1,,aaa Nn's Ia ,,,nhi. .nd IN
gaEe VI nat ao ,vos S6oaroa1y a,d;i1o ron1ia5
voee t'';, IN. WE - nv. noAso'5 "oo'D''' 1opo"
ha1o magis - m +o,o AZ hars and atern AZ
% - on.s;t 80 idraa.o "i ,;,,, .n;tI
ha ensy yr mou RSr a % ~ H.
rvn;a,,rant w rhe momant fha T,r;snnor not,cnf
nahtsnment Iue motnent tlo pilsouel u1t'ees 3"is,
tae totlo auu pAoon4pni "no4 iu9esoa n4"t
, enough the ophloh OF 3udge DAVIS OF 1no aair a.
ness OF tho VerdlcE, ana that no ducn oleinenol
was TO ne oxpocso:a IN .ne ptonoune'ug u an an.
~ Enog Aid ~ snr ,1s sn"n
was noticed IN stoKes. LIS aofm was auaaont; Niaa
atralghtened' anu tho ooTed Aead Was aa1 rnIsee
With aeiiant gaze. wch ne nens a. s1oaoy a q.
tMo JuoBe as no haa lust previously ou sne nupt
Tho sentence was thoh aenVe1ea ~ JUG
= DnVls usual Impressive maunef' anu "as
follows; .,,,s H., ..o 49,