New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-30
CLOSE OF MIR. PHELPss ARGUMENT.

BEFORE Mr., Phelps resumed his address, Mr..
Trsmsn said he desired to word in reference TO
tho illusions Of The DstyictAtOrney to counsel and
Jury which appeared in the morning newspapers. Mr..
Phelps no once informed the counsel that he could set
that right at once for the ausOn TO counsel" had no
reference TO the learned gentleman, but 10 himself
satisfied Mr.. Temain resumed his seat, and Mr. Phelps
resumed his argument begun the day before.
First nc characterized of the glazing and dsa
reeah features Of tho defense the constant endeayor
10 assal everybody connected with the prosecution in
this cise Fisk himself had been illuminated and his
memory attacked in the most virueDt way. hotel
proprietor who naturally disliked the commission Of
murder in his house, had been brought in party to
the great conspiracy" against the prisoner The young
girls belonging the Morse family who. at the time OF
the tragedy were children, had been traduced and
nsuted by the illusions Of the defense, and finally the
bittorest attack OF all hai been made upon two boys,
whose only faults were that they had eyes to see and
ears 20 hear and unfortunately were present at the
scene Of boodshed They had suffered confinement just
a. the prisoner had ana their quarters had been much
more uncomfortable than his.
The counsel for the defense have brought forward
witnesses 10 prove the fear of life entertained by stokes
from the detectives Fisk. One of their witnesses
testifes that be and Stokes while walking one day down
toward Pine-st, saw what Stokes said were two men
hired bv Fisk to dog his footsteps Stokes exctedly
pointed them out and finally they got into carriage to
avoid them this witnese says that the men were
and had no vlainous expression OF
face looked in fact, like clerks. Probably they were
"a respectable looking as the man Pltman whom the
prisoner himself hired to watch Fisk aud report all his
movements and it is about likely that they intended
20 assassiuate Stokes that Pitman intended TO
XIII Fisk There Is evidence that Stokes ever ex-
pressed fears of violence from Fisk. The nearest APP
proach any makes TO testifying 10 II Is That or
Mr. Corey who says that the prisoner told him he was
afraid he should lose his life from Fisk or his satellites
It's singular circumstance that TO those who
we're engaged with Stokes in these scenes Of quarrel
and illfceng never TO Mansfield or Williams, does he
seem to have expressed the slightest fear Of Fisk On
she contrary Williams has testified upon this stand that
when she and Mansfield told this prisoner OF the threats
made in their presence against him. he replied that Fisk
a coward, and he didn't believe he would DO any
Thug Of the SORT
INCONSISTENCIES OF THE Defense.
Next pass 20 consider the testimony in support OF
the theory offered by the prisoners witnesses to the
occurrences Of that terrible afternoon. The prisoners
counsel with great exuaton proclaimed that his story
was cOrrObOrated by cloud Of witnesses" The only
Confederation 90 what Stokes did IS from the witness
Bailey. Bailey was pursuing rather extraordinary
journey himself that afternoon. lie in was search Of
his friend Nelson" with whom he had an engage
ment Now. although he passed uD and down Broad
way, past the Office OF Nelson, he never stopped
20 lind him. His engagement with him seems 10 have
elastic extending all up and down Broadway.
And. what Is stranger STILL fnd that after meeting
the prisoner he suddenly abandons all his Intention Of
meeting Nelson and walks of forgetting entirely APP
narentlY, that he had come all the way from Twenty
fbiri-s % meet Nelson The testimony Of the
Beane. who professed TO have seen conduct on that
afternoon 70 Justify the prisoners statement that the
deceased was intending 10 assault him, comes
nate in tine day, and according 10 rules OF
law must be regarded by you with less
81 suspicion Her testimony utterly inconsistent with
tie testimony Of every other witness IN this case IN
cudlnc the prisoner himself Ana they cannot have
told ne trutbf she tells the truth she says she
E-k gn along tins passage. return come out at the
trance and while between the Two uOOis tne outer OF
which was glass in perfect paroxysm OF rage throw
, bis coak raised and flourish pistol ana disappear
again within door. soon alteIhaId she heard
ne shots The prisoners testimony ltseI, uoes not
s he heard voices IN It, and when the deceased spahg
anon the platform he Was in the hcI Oh uIdM p
TIC pistol behind him. II that story Has u.e A
must have all these bloody preparations IoI tne
side~poor Redmond II Fisk had pistol where nae
n disappeared 20 Why was II not ioundl lou nav
had testimOnyshOwug that Fisk vas TOO arau OF ono
ever 10 carry IT, NOW, you give credence 10 al tnebe
OF the prisoner, the whole aOIIo Ol
falls to thegrOund, for II j. mass OF cOnraulcuons'
testimony cannot De DeneHed IN the ihco ol
The Others who cannot be believed IN the face OF each
Others sworn evidence. You cannot extract from Tue
slstent account Of what done on that day. ] am
bouad 10 saw moreover that the production Ot such VIII
resses as Byrnes and AdeDo Barker, Ia the manner
they testified here sufficient OF itself 10 throw Just
of this defense. False ia one, false IN all ead my
learned friend / accept the maxim Inc evidence
shows that purpose Tins prisoner was waiting
AT the Grand Central Hotel that aternO0n mol only ln
wait the hail above but IN wait Ia the street psVW
that he wait with such an earnest aud deter
mined purpose his heart that u absorbed bis energies
his intellect. This we the fact OF his not
recognizing his trends aud acquaintance The Recorder