The New York herald., 1873-10-18
Colonel Fellows Excused from Testifying to
Stokes Threats Against Fisk.
CLOSE OF THE PROSECUTION.
Opening for the Defence Counsel IndispOsed
and Unable to Conclude.
THE PROCEEDINGS YESTERDAY.

and interesting episodes of the first trial, the
scenes at the dying mans bedside, the production
In court OF Fsk's clothes, the perioraons made by
the pistol bulletsthe still, truth-tellng evidences
OF DEATHS wasteul entrance; the medical treat
ment, and all the salient points for and against the
prisoner. The latter went through the ordeal
without tremor or sign or excitement, with one
single exception, when Tor moment his calmness
iorsook him, and he would have arisen and
expressed himself with regard to the par.
tlcular testimony then being given, but
that he was restrained by anectlonate
hands, who preferred that the witness should pro-
ceed rather than that the prisoner should person
ally rise to a contradiction. This was when the
witness Parker swore that Stokes, in the Police
Court, said that "Fisk was blackmailer and
loafer, and that he tStokes) carried pistol
and would shoot him. Beyond passing excite
ment at this moment stokes was himself through
out the whole OF the day-even during the most
serious part OF the testimony against him.
YESTERDAYS TESTIMONY.
The first witness examined was
NELSON W. YOUNG, CORONER.
He testified to arriving at the Grand Central
Hotel about six O'Clock in the evening, and his nav
ing taken a description OF the pistol and bullets.
and turned them over sealed to Fisk's attorney,
and, alter the last trial, to the District Attorney.
arrived Fisk's room was crowded, and he could
not get in al first, as Fisk was making his will
O. Was Jay Gould there' A. don't know, sir; l
shouldn't know the gentleman II | saw him.
In reply to further questions the witness said he
examined the clothing at Fisk's house few days
after the funeral and took description; the col
ored man took them out Of closet; they were In
a valise. and witness cannot say whether the
valise was looked the colored man took them
away, and witness cannot say where they were
put, but he told the colored man to keep them
locked on that examination he found only five
bullet holes in the cloak he thinks he did not look
at the lower part OF the cloak; there was stenog
rapher taking testimony at the inquest, and Red
mond and Hart were examined; there was a Mr..
Edwards on the ante-mortem inquest, but witness
does not know that his place OF business was next
the Grand opera House, and that he did business
FOR FISK.
MRS. BIssELL's TESTIMONY.
Mary NJ Blssen, who resided at No. $50 West
Twenty third street January, 1871, opposite the
Josie Mansfield mansion, testified that on the alter
noon OF that day she saw coupe drive up and stop
at Mansneldis door; the person inside got out, but
Immediately re-entered and drove away by Eighth
avenue; the same afternoon she thinks she saw
Mrs. Mansfield at the window; she saw Colonel
Fisks carriage on the street the same afternoon,
walked up and down the street; she did not recog-
nize the person IN the carriage and she saw no
signals pass between him and the persons at the
window.
Jules I. Vinot, who kept tailor store under the
hotel, testified that he heard the shots; ran around
the ladies' entrance, and saw Fisk the stalrs
he did not see the hotel boys there; a crowd imme-
diately rushed in.
Patrick McGowan, engineer at the hotel, testified
that he was standing near the office when Stokes
came down stairs, and said,
THERE'S A NAN SHOT UP STAIRS; GET DoCTOR.n
On cross-examnation, McGowan said Stokes
looked pale, bewildered and excited. The ques-
ton whether he looked ike crazy person was
ruled out.
John Ii. Conner, who was private secretary to
Fisk, testified that he arrived at the hotel some
hours after the tragedy, took possession OF Fisk's
clothes and turned them over to the valet.
on crosse xam.nation u the witness admitted
witness, Mr.. Curtis, and he paid expenses to Miss
MR. pARkER's TESTIMONY.
Andrew Parker, head clerk at the Manchester
House, testified that he saw the prisoner at the
Hoffman House, and had conversation with him
about the trouble with Fisk in Judge Bixbys
Court; Stokes said Fisk was blackmaier and
oaier, and that he tStokes) carried pistol, and
At this period the prisoner lost his calmness,
flushed IN the lace, and was about starting up to
contradict the witness, but his mother restrained
On cross-examination the witness said he en-
listed lor two years In the army, but came back
in a billiard room it was John r. Kendall who
introduced him 10 Stokes on that occasion; he
made no remark when he heard Stokes words he
was surprised, but not speechless; Mr. Kimball
ana Mr.. Howard were present; knew FISK and the
Grand opera boys, and never told them about
Mr. Tremain cross examined the witness, but
nothing at variance with the direct testimony was
COLONEL FELLOWS ON THE STAND.
John R. Fellows, ex-Assistant District Attorney,
testified that he represented tae people in Judge
BiXby's court the morning OF the homicide, In the
case in which Mrs. Mansfield ana Stokes were
pressing suit for libel against Fisk; he returned
from court In the same carriage with Stokes and
his counsel, Mr.. McKeon. and they had q CONVERSE
tion.
Mr. Tremain objected TO the conversation being
put in testimony, as the conversation between
client and his counsel should be
AS SACRED AS THE CONFESSION MADE BY PENI-
TENT TO A MINISTER.
Judge Davis said the conversation did not ,di-
rectly refer TO the prosecution at Judge Bixby's
court but arose out OF other proceedings pending
McKeon concurred. that the prosecution in that
court be Abandoned; that the witness did not hold
the relation OF counsel to the prisoner and his con-
versation with MIN was not OF the privileged char
acter OF communications made to the Dstrlct At
torney or TO private counsel
Mr.. Tremain them formally entered objection to
the ruling, on the ground that though the libel
suit was in the name OF Mrs. Mansfield stokes was |
O party to 1t; he was witness or the prosecution,
and Mr.. McKeon was his private counsel
Immediately after this Judge DAVIS said the
witness had communicated TO MIN wnat the con-
should rule 1t out unless foundation was had by
proving that anindctment had then been iound
the witness was then directed to stand aside
George Bardlne, Fisks French interpreter tes-
john n Redmond recalled by "'th the u deience do.
MED that standing on the first step OF the private
stairs, to the right OF Fisk, he could have seen
Thomas Hart at the head OF the stairs, behind
Stokes unless Hart was within three feet OF the
stairs.
Mr. Tremain said they would have other testi-
mony on that point.
The Court then took recess.
After Recess.
THE MEDICAL TESTIMONY.
Edward 7. ID. Marsh, Deputy Coroner, was called
to the witness chair alter recess. MIR. Dos Passos
objected to his testimony until the connecting
link, Henry De Corley, to whom the pistol was
handed by Miss Hall, who found it, was produced.
Objection overrued. Objection was then made
to the Identification OF Fisk's cloak by Witness
til the defence proved by witnesses that IL was In
an altered condition from that In which witness
saw It, Judge Davis said 1t made no difference
when the testimony was given.
DR.. Marsh then described the result OF the post
mortem examination OF Fisk's body-the wound
fnrnn0n ne eft M frnr he fra secQnQ