New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-23
THE COURTS.
INSANITY A PLEA FOR STOKES.

INSANITY A PLEA FOX SIOhEo'
TESTIMONY or Xxx JUDGE DAVIES, ELIzABErH cooSEf'
THE FATHER AND MOTHER or STOKES, pRs. FISH
Err CARNoCHAN AND OTHERS.
Additional testimony was taken, yesterday
in the Stokes trial tending TO prove that FISK was III inc
habit OF carrying pistol but the newest oe'e'open'
in the trial is the decision OF the prisoners counse 70
bring forward insanity ground OF defense. In''
was done yesterday and has been the SUBJECT OF nucn
comment In the city.
Ex,Judge Henry Z. Davies. the first witness called
took the stand TO prove Fsks violent and threatening
language toward him when he was appointed Receiver
OF the Erie Railroad This testimony met win an IN
slant objection. aud ruled OUT.
Elizabeth Cooney testified that at tho time OF the
shooting she was sctubbhg paint 10 the hall leading 70
the private staircase sho Stokes pass to the hesd
OF the stairs and down two or three steps theh sne
heard somebody cry out, Do MT fire y and then SHOT,
aud picked up pail and In fright she ala nv SEQ
anybody the hall at or just before the hrng sue u
not see Thomas Hart all there she saw the other
Hart some time before carrying pitcher: Whom she
first saw Stokes he coming round tho elevator enc
had been there half an hour but had not seen STOKES
before nd was quite he did ut go to No 2o7 MI
Treman offered prove that she was taken TO the DIS
tric Attorneys office witness at the earlier stages
OF the inquiry and gave this statement but tho D1ric
Attorney declined to use II.
Edward II. Stokes, tho father OF the prisoner was
his sons insanity remarks were exchanged IN On under
tone throughout the courtroom in reference to the
frequency OF this plea nowadays Mr Stokes testneu
a. on the previous trial. to his sons having peen con
ned Inv sickness some months before az his house, 10
his having sont once TO the Hoffman House for his
pistol and 10 his appearance OF oxcteneht anu tortV
NJ hS wifes brother and % the paralytic
condition OF his sister. Mr.. 1remain here aVowed
and the court thereupOn admitted class OF
evidence. The father then testified that Tor some
be aud anxious, his mind running al the time on fsk;
there was special popularity IN hs looks t0wtrd the
latter DAYS before the shooting which exclfed the WIT
ness's apprehensons he was very much excited when
the refinery wrested from him by the Erie party;
the refinery Owned by StOkes's mother, and ms
brother was the manager; the by tho Erie men
broke up Sokess business and he at the same Tune
Stokos the mother of the prisoner testified to subotan
TALLY the same her husband with additional de-
tails TO the changes in Stokess manner previous 10
The Rev Sidney A. Corey testified that about three
with Stokes. who had bundle OF papers In his hand ana
said was taking them down to the Attorney General
and believed they would break ny the Erie Ring no
had savage fight on hand and behaved II would end In
his death would have the fate Of poor Eaton me
answered that no went prepared and caref about
going out night Luther X Marsh. who was Stokes ;
that Stokess fears OF Fisk constantly topic OF
conversation and he pointed out to the witness two men
the testimony OF Walter b. Whiting. Robert J.
wilkinson and Thomas ID. HoxIe. Paterson registrar,
the fact brought out that small silver plated pistol
had been Fsks desk in July, 1871 and that a
pistol had his pocket the NaTaRansett
steamship pier also. that Fsks character wac Tat of
a reckless Inscriptions and desperate man he had
threatened 10 hang HOxie and said to him. am watch
ing for you. II healthy for men to my path.
Something happens to rhem Dr. Fishers examination
es to the probing similar to that given on the nrst
trial Dr. Carnochan also testified. 1t was noticed that
he much more decisive than heretofore In hs con
illusions as the Of death He said in his opinion
the cause OF death coma, which superlnd9ced
by the narcotics administered In excessive doses Dr.
Macready also testified. His opinion that death re
suited from TOO much morphine.
The Court adjourned to this morning.