The New York herald., 1873-10-29

condemned
MIN hope that no such sad fortune awaits M as that e.
which transpred IN this room when At the gloomy hour
s and heard the terrible words Guilty OF murder in
the degree" and heard such heaftrendng heart
ter thaft remains pbedded in my heart and imprinted
son sSss When he PTIsqners innocence has been
and your verdict shall senc him free from this
Sa m nave e yeraes o
ness in saving Edward Stokes from the peril Of an in
AT the conclusion Of the address short recess was
taken.
hs FEW Mere @ oq e s xs anS as
ireshment roon' there was such Vigorous consumption
Of sandwiches and candy
After Recess.
MR. PHELPS SUMMING UP ron THE PEOPLE
behalf OF the people. he set out by complimentary
He tss IN The
% my s % wer nS' 80 ONE
connected with the prosecution hc has heaped denan-
prosecution from the learned magistrate who presdes
Of the city 10 that poor Irish lad whose only fault that
he is too unwilling witness in This case may ngs eog
Upon earth, for to his vision to his heated Imagination,
all things seem to have passed away and to have been
'1'ss HE mas RISEN 70 THE HEIGHT or PROPHECY,
the crime shall be not S.S %
Rones S Earnest magsrae shall be admitted to which
no prosecuting oficer, young old, who acts from
Where the saints shall Be assassns, whose gates, on
AZ ds e S Re a headed
BY Dean and Goonsy and m the martyrs o headed Ss by
sa BEEN poured @ into your pn%illns ears torrents q
eonad or apnroached The learned genteman is dis
S tngaished Cd We ali Know from lips told
iaurels ire that crown his brow has exhausted the
down dow ne ne is eloquent your have elt IL then
and dsnsuisSed list @ Is he is has felt himself 50 emmed in
by the law and by the facts IN this case that he had
which 70 Be heapsd broadcast upon eyery6oay CON
be for for his most unhappy Sen MT ,c
ana q he pTSIs but sad Is would discuss
f aid Seesase @ is Srhgs
face WITH the question iS whether e sded hand shall
alsehood and ths skin learning and resources Of two
before the law from the Consequences Of his crime
aeiencss to this INDICTMENT may be dealt With under
done in sedeence sna. was the doctors who killed
is solaisly no proof y Which pre-
nothing but tns syidsnse the prisoners parents who
when he committed the crime OF murder, and such a
defence was nothing else than an unblushng imposition
cause of death.e the wound was a mortal wound,
o a asa 5 sn
cases Of recovery exceptions to prove the rule were
generals srcular 4 !, was not the rule that people lie
something remarkable. And the jury must have
noticed that M not one Of these eases was one S such
gerous was that wound eensaered tna even before they
after death, but from the mere fact that it was pene
Tang wound Of the abdomen h, The 81 a
n a m II c can a b onss n
abdominal cavity, and that The treatment correct
proved BY the which attended TO the
him to die without giving him some relief lie was much
and next morning he died The death was the
&c Of the w9Hnd % nr in he @ @ Of the old
wound necessitaed the treatment and it matters not
To prop up the defence that the prisoner believed him
@ @ that he TaS in the
such witnesses crowded into the that
pi@ps prsstHtes and prison birds & paTaSsd
before them This man has assumed to take human life
ss pee
being eorrebrated; his story rendered inexpiea:
f ON his slowing hs hS
made by the prisoner when ne ATTEMPTED to ogst the other
s Vas va n s @ on the
charge Of abstractIng moneys Of the company: Then
snShsr in aS oass ahfs se
being the mover Of the generalization After this there
nf In n S ss S
private letters of Fisk to that woman and he
was m by M
We e
charge Of libel involving perjury and spboTnation M q
gTsonsr was the aggTessor On the etn Of January we
d ns asan aHu an
hensive about it He drives from his hotel past the
ing oy case
directing Ss h s at the RI aas
Hotel place where he not in the habit of resorng
going fequently lie calls at chamberlain 4 Dodge's,
s5s sSPsgs driyss afhs enters.
stairs i time %sst %.st him Ss
man asks him what is the matter and he answers
"lhereis man shot there-go Tor doctor" He is ar
% man Who shot him. Stokes at this answers nothing
The dumb would have spoken under these circum-
Mr.. Dos Passoscounse knows that if he did say any
PhePsw would be the outsnTst g
but could choose the most suitable SPOT IN hat
.7sd S sss ~
POI es the n as enhance &c
70 meet few With affected air Of indifference 4 he
found n dOi lis friend Bailey two blocks away
9d man II place re for
But the good President who led through the
ScieG By 6oldnsss and shTswdness the best
own a he deprvea Of
property By Fisk The The ne next element Is opportunity or
pocket, in broad daylight in public place. alter
parting from his friend Not only weapon but vantage
ground his the OF the stairs where he safe
from attack; and more than that the place was one
where Fisk might be expected and where the prisoner
might not be expected; and add TO this fight when the
deed DONE and silence, when, Il innocent every
motive would prompt him 10 speak. Thus treated
by the prisoners story, the defence is intrinscay i'm
probable without applying TO IL the rules of inter-
probation OF the testimony of interested wtnesofa
witness who destroys testimony, who closed with his
bullet the lips OF James Fisk forever and who through
his counsel sought 70 exclude from evidence the
With regard TO evidence OF threats against him by Fisk
they testified 10 by Mansfield Fisk's former mis-
ress She had violent with Fisk, and had packed
his things and has libel suit against him The prisoner
was such terms with her that kept his papers In
her house, and he sent into Fisk bullet her and
another tor himself The next witness was mrs vii.
ams, lady without resources to Judge from her
appearance very well provided for and who all
never heard Fisk utter a threat against Stokes person.
ally The next witness the woman Barker, who
conceived the idea that the Morse ladies
wanton women; but counsel for the defence was
compelled BY his manhood TO admit that all
ccnsure on these two poor children has
passed, and that the intimacy of Fisk with that family,
the friends Of other and perhaps innocent days was