The sun., 1873-10-27
WINDING Up rnE sr0kEs TRIAL.
Interesting Tcstimony on ss;urday-The
summing tp to Take Place To-day, and
the Case Probably subniitted TO the jury.

Interesting Tcstimony on ssturdas-The
summing Jp to Take Place To-day, and
the Case Probably submitted to the jury.
The testimony in the Stokes case was
closed on Saturday. and the case will probably
be given to the jury to-day.
August Schimmel, brother -in-law of Mrs.
Morse. sworo In rebuttal: "I knew Fisk in
timately and never knew him to carry pistol.
I saw him In his shirt sleeves, and helped him to
put on his coat OH the morning OF the day on
which he was shot, and he had no pistol to my
knowledge"
On his cross-examination Mr.. schimmel testl-
fed In regard TO tho Morse family, and that he
had slept with Fisk as many as I've nights and
had seen him undress very often, but never
apistol pocket in his pantaloons and did not be-
lieve he ever had ono. witness finally said no
did not know what pistol pocket was, but al
tcrward showed one In his own trousers which
he called n change pocket. Fisk lived at the
Fifth Avenue Hotel two wears, during which
time ho had slept with Fisk at least dozen
times
DIT. woop's TESTIMONY.
Dr. james x. wood. surgeon for bellevue, st.
Vincent state WOmans, and the Island Hos
ptals, swOre ne had met other gentlemen IN
consultation when lIsk was suffering from his
wounds, aud testified as to Fisk's condition.
1 isk said he would not be prObej agan unless
chiorufuIm was given him. Dr.. Fisher gave
him about thirty drops and | used the probe"
The witness then testified as to tho extreme
cases. and that he had cautioned the physicians
at the time TO use the utinost care He was at
the post t-inortem examination and described the
course VI The ball. and he believed that Fisk died
from its effects.
ATTEMPT TO DIsCREDIT sToKEs's EVIDENCE.
The District Attorney offered the evidence Of
the prisoner ON the last trlM, by which It would
appear that he did not swear that he exclaimed,
upon seeing Fisk, Don't shoot" or anything Of
the Kind.
Mr. Tromain objected. and said he did swear
20 that exclamation, whether II appeared In the
book or not.
an agreement to call the reporter with bis notes
and put him on the stand.
Recorder nacsett recalled Reconected walking up
town on tue afternoon OF the shOOtng went to the
place of bnsucss Of his tailor under he Grand Central
antlelpatins his face wa, excited spoke g him but
dG ao ssST 5s, ne sS Rss so s Ssry we'll and said
The officer, Patrick Hughes, who Ia nearly Of
the same size as Fisk, now entered with Fisks
clothes on.
II your Honor IL going to allow that m an TO come
on the stand with that cloak on I'm g'ing To tako
Hn exception. | understand, too. that they have
stick punched through II 10 suit themselves.
BEFORE the question was decided recess was
taken.
The court officer, Patrick Hughes. a'tired In
the outer and under coat Of Col. Fisk and also
tue vest, took tho stand.
The Junior counsel for tho defence objected
to the exhibition ON the ground tnat u would
be mere speculnti0n aud that the ldmis sion Of
fNt tl llk was iiif-At 1T NiitltN ht ~
allow any man 20 be convicted On such evidence
Iherc was nothing to SHOW that the cloak was IN
the same condition a. when the shooting oc-
CURED. II had been IN the charge OF people
enemies to the prisoner.
Mr.. lrcniuin made six distinct objections TO
the display, all of which were oNerruied and eN-
ccptons taken. The exhibition then took place,
Hughes standing no with the coat closed, while
the District Attorney passed a small piece -
cane through the orihce, showing the course the
bullet took through the folds ot the cloak. The
/ defence aftorward took charge OF the witness
and made mo further Illustrations.
/ when tIi> part Of tn .i1t nad been finished,
/ Assist 4ut District Attorney Russell announced
J that the Prosecution would rest.
John ID. Townsend, counsel Tor stokes IN the
last trial, testified that ho was present during
/ the whole of the last trial. and he membered
distinctly thc pri-oncr tcsiiihing that lac made
use 81 the express ion, Don't fro - when ho
/ met Fisk.
sToErs RTCAIIED.
J usei the expression Don't fire or "Don'l
shoot ON the last triad. nave known Recorder
! Hackett for some years. didn't hear him speak
! TO me, nor did sec MIN. did not stop at al
| before entering the hotel l was perfectly COO
| ANA not excited.
THIS closed the case on both sides, tho priv
/ legc being granted of producing tho otncia
. testify hs To- whether or not stokes gave eYl
! dcnco to the effect that he made use Of th
expression Don't nre,' ~ is claimed he did o.
/ his counsel.
Judge Davis cautioned the Jury most particu
larry against speaking OF tnc case, and sen
them to thelr homes IA the custody Of specia
deputies uutil Monday, when counsel VIII sun
up and the case probably he de.ibera,ed ON duI
iug Monday night.