The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-11
"A Brief Resume of the Great
Cause Celebre.
CRIMINAL GOSSIP IN TIE CITY.
Talks with the Prisoner and His Counsel
in the TOmbs.
THE MING TRIAL.
A New Battle To Be Fought on the
Old Ground.

Old Ground.
Yesterday morning the community was startled
by the news that Edward - Stokes had been
granted new trial. The decision Of the Court OF
Appeals was anxlously looked for, but 1t was
generally expected that 1t would be adverse
70 the prisoner. Public anxiety might properly
have something to DO with the matter, as public
opinion had set strongly in against the prisoner
Notwithstanding the clear evidence In his FAVOR.
The decision OF the Court OF Appeals s very crafty
ing inasmuch as it shows that the stay OF proceed
ings granted by Judge DAVIS was entirely legal,
according to the view OF anairs presented
10 the Court OF Appeals. There are many
who would have wished that the decision
might have been otherwise than what
it was, but the Court OF Appeals had
TO decide upon points OF law, and private consId.
erations were, for the time being, completely set
aside. There is probably no case in the history OF
criminal jurisprudence which has excited so much
interest as that Of Edward s. Stokes.
Edward s. Stokes had been the friend OF FISK,
and they had had extensive business transactions
together; but Fisk got the better OF Stokes In
those transactions and took what Stokes alleges
TO have been mean advantage OF him, and got
from him the greater part OF his property. Fisk
was enamoured OF Josie Mansfeld-a bold,
unprlncipled woman. When Stokes discovered
that Q greater part OF his property was gone he
determined to have revenge. He was handsome
and man Of insinuating address. Fisk, before his
rupture with Stokes, introduced the latter to his
FAIR INAMORATA,
and the result was attachment which soon
ripened into a very warm feeling. The affections
OF Josie were transferred from Fisk to Stokes.
Fisk, however was not a man to be easily baked.
He determined to have vengeance upon her; and in
short time after her deserton OF him he had an action
for backnailing and libel brought against Stokes.
Tho immense influence which Fisk possessed at
the time operated powerfully in his favor. Public
opinion ran high between the contendng parties.
Alter number Of desultory skirmshes there was
great field day at the Yorkville Police Court on
January g. 1872. Josie Mansfield, the Cleopatra OF
the case, appeared in Court, and on both sides
there was an array Of talent such as is rarely seen.
Miss Mansfield was put upon the stand, examined
and cross examined. In her cross-examination,
which was conducted by Mr.. Beach, the humiat-
ing confession was forced from her that "when
Fisk rst met her she had but one dress in her pos
session. The woman who was proof against all
accusations against her morality and virtue was so
powerfully affected by the nsinuation about her
wardrobe that she wept bitter tears Of rage and
shame upon the witness stand.
THE BEGINNING OF THE END.
The next phase eliminated in a tragedy, the news
of which was flashed all over the city, to the effect
that James Fisk, Jr., had fallen by the hand oil
Edward S. stokes. New York has rarely been SO
profoundly agitated as 1t was upon that memorable
Saturday afternoon. The social position OF the
victim and the relation in which he stood to his
slayer riveted public attention, and the community
was convulsed with excitement.
Stokes made no effort to escape from justice. but
quietly surrendered himself to the police. Party
feeling ran high. The dead man, Notwithstanding
his faults had many friends; for he had been law
ishly generous with his wealth, and had done
much to facilitate the comforts Of the travelling
public, while Edward S. Stokes belonged to highly
respectable family many OF the members Of which
had long occupied honorable positions In the mer
camille circles OF New York. The verdict OF the
Coroner's jury consigned Stokes to the Tombs te
wait trial. In the latter part OF June, 1872, the
trial OF the alleged murderer was commenced
After protracted hearing and an immense displa,
OF legal taent the jury were discharged being
unable to agree The disagreement OF the jury wa!
generally regarded as
TRIUMPH FOR STOKES.
His second trial was called on at the close o.
last year, the same counsel appearing on his behalf
who had conducted his case on the previous
arraigment, though Judge Boardman ofllciated II
argued on both sides. In the summing up thu
charge Of the Judge was rather unfavorable to thu
prisoner who was found guilty by the jury ant
sentenced to be hanged on the 2Sth day OF Feb
ruary. His counsel, nowise dismayed, immediatcl.
applied for stay Of proceedings, which was un
expectedly granted by Judge Davis. The action 0
the learned Judge was severely commented
npcn at the tIme and there were many who di'
not hesitate to say that the stay had been oh
tanned by corrupt measures; but the high INTEGRITY
md legal ability of Judge Davis proved u suficien
guarantee for the purity OF his conduct. The cas-
was then taken before the Supreme Court. Tn
decision OF the Court was adverse to the prisoner
and, as a last resource, the case was taken TO til
Stokes and his friends felt that this was = :.
md consequently desperate fight was made t
save the convicted man from the gallcws. Lyma
the prisoner, and produced convincing argument
upon certain points Of law ruled upon BY Judg
Boardman District Attorney PHELPS leP the o an
decided to reserve Its decision. There was muc
speculation as to what the dnal discriminate
withstanding the powerful arguments which ha
6een adduced that u would be detrimental TO u
astonished the public, although they were not alt
Rether unprepared for It.. the Court OF sAppea
yesterday reversed the decision OF the supren
Court, and yesterday morning the news c,rculate
with rapidly throughout the city tnat Edward
Stokes had been granted new trial.
The Decision Of the Court of Appeals.
The following Is the text OF the decision of II
Court
JUDGE growers OPINION.
Edward =. Stokes, plaintiff in error, VS. the reopic
che state OF New York. defendants In error. -, .
Messrs Lyman Tremain, John II. DOS rassos al
Cephas Brainerd, for plaintiff In error. -
hessrs BENJAMIN &. Phelps, District Attorney al
Win. Fullerton, for the people, defendants in error
Having carefully examined the six pleas in abatemer
e oy tns paR m error the pen wh