Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1873-01-16

suited in many fatal casualties i'm Minnesota
and was of unprecedented severity. II wa.
so binding that many persons persisted
within Il few rods of where succor coul,
have been obtained had they known il
what direction to go Three brothers
Charles, John and Stephen o. Neil an,
Thomas and Michael Haldon. each with
two horse team, started for Wellman will
wheat on Tuesday and were found OIL
FRIDAY about ten miles from home in ter
rlblc condition. Two of the o. Neils ant
one of the Hallon> were frozen to death.
A Washington dispatch of Frida,
evening says Mr.. summers friends regart
his health as improving. Certainly he i,
no worse. and there is no foundation fol
the fIl>iied reports to that effect. He has
enjoyed better rest for some nights past
his appetite is improving. and he is able 10
take a short drive every day. His weak.
moss is the natural r esult of his present
medical treatment, and he is wisely alb
staining from work.
In the supreme Judicial Court, Boston,
( on saturday. Leavitt Alley was arragned
tor the murder of Abijah Ellis; pleaded
| Not Guilty. and the first Monday in Febr,l-
AIRY was assigned for his trial.
There were Sc deaths from small pox,
| in Boston. last week.
We give below the Ucrnd account of
the scenes in the cDnrt-roo;u after the jury
had rc-cutcrcd;
Foreman of the .jury-Guilty of murder
in the first degree
At the moment that these words passed
the lips at the foreman. there arose IN the
court such terrible piercin. wall from
one of the young ladies dressed in deep
mourning, that it seemed To curde the
. blood of every man and woman in court.
None who heard il will over forget it. The
young lady VIII" uttcr.l this cry fell for
wa'd with her face prone on the shoulder
of the prisoner. Horace Stokes. the brother
burst into tears. and all his friends and re-
lationS by one impulse, As they clustered
around him. seemed terribly affected.
The jury were then pollcd ut the request
OF Mr. Townsend. one of the prisoner
counsel. When askc = BY the Clerk If
they all agreed upon the verdict they an
'
responses could not be heard ten feet from
where they stood. As the twelfth man
answered Yes" stokes rose slowly and.
facing Mr.. Beach. one of the counsel for
the prosecution, and who had At one time
been counsel for Mr.. Strokes IN Il civil
case. said. slowly aud deliberate Is,
well. Mr.. Beach. must SAY you Ia,
done your work we'll. Inope you have
been well paid for it,
Then Stokes sat down. Mr.. Beach did
not reply; but his face turned little way
from the prisoner.
Mr. Fellows the Acting District Attorney
rose, and, addressing. the Judge, asked
shat sentence be passed upon the prisoner
at the bar. As Mr.. Fellows sat down Mr.
Lyman TremaiIH the able and learned
counsel for the defence, who had been sit.
ting by a table with hi, head bowed III his
hand, stood up and said :-''l our Honor.
hope will not think it necessary II pass
sentence at this late hour of the night
Would i not be better To wait till Monday
morning."
Judge Boardmau-I see no absolute ne
ce>-ity for passing sentence Tonight. and
see n" improperly in acting on the coun-
sells suggestion. | will therefore defer
sentence until Monday morning. District
Attorney Fellows then addressed the court
in an explanatory manner, and stated that
Mes>r-. Beach aud Fullerton had not
been employed by Mr.. Fi>k's family. and
that they had been employed by the county
To assist In the prosecution.
Stokes tri>lng suddenly and interrupt
ingl-Mr. Fellows. state that they were
hired ~ Jay Gould. Please state that
There was an intense sensation in Court
Mt this moment, and Mr.. Fellows then re-
sumcd hi, address. Stain. that he Wa,
Ffstl 10 raftr si..,.,
three years he had been accustomed ID
witness such scenes Of suffering and sor-
row a. hc had witnessed to- night.
The court then discharged the jnrv. with
thanks for their attendance and for the
courtesy they had shown him during the
progress OF the trial Then the audience
began to move. and Stokes. who showed
firm manner. converSed with the sobbiug
ladies aud hi, other friends
\ gain a stokes stood up To leave the
court he spoke bitterly to Mr. Beach. lie
said a he rose;
Mr.. Beach you should be well satisfied
with your work, and hope YOU are salts
fed, for you did il WELL
Mr.. Beach (cxcitedly) No. Mr.. Stokes,
/ am not satisfied with my work.
Then Stokes friends gathered around
hun and got between him and Beach, a il
was feared that a collision might taxi,
place. Mr.. Tremain got up L. leave the
court with stokes, and a he did one OF the
jurors, small, dark-featured man. with a
high hat, leaned forward over the jury box
and said TO Mr.. Tremain:
well, Mr.. Tremain, | hope that Won do
not feel any way bad against Us, a we
tried to do our duty. | am sure YOU did
yours, and worked As hard for stokes as
II ne was your own SON.
Mr.. Treman-I have nothing to saw. but
how did you stand on the jury?
Juryman-Wel, | do not think have
and right to state that, sir
District Attorney Fellows-Oh. there i
no harm; now it is all over YOU may SNEAK
your mind.
Jnryman-Well, we stood. going OUT,
ten Tor conviction and two for acquittal.
Mr. Dos Passosl one of Stokes counseD
" es, and those two gave in like crayens
and towards. (Sensation.)
Stokes Ito the jurymen) why, YOU don't
mean TO tell me, as honest men, that any
OF you believed i'll the testimony of that
scoundrel Hart: Why. | am sure there j.
not one man OF the twelve believed in his
heart what he said or did | know how il
IS. Every one has been humbupped by
false and procured testimony Bouph1 and
paid for. That is the truth. so help me
God, at this solemn moment"
Here District Attorney Fellows came for
ward and said
ED, hope you have no hard feeling.
against me, did only my duty. and did
not try to exceed it, as God made me"
Mr.. Fellows was weeping at this moment
and every person in Court was crushing
and pushing right and left at this moment
Colonel Fellows, as he made his last re-
mark, offered his hand to Stokes, who re-
fused it and said -
"All right, hear all you say and | sup
pose you think it's all right, but verdict
given on perjured testimony is Il yilliany
that no one will countenance-never, never
as long as the world stands"
Here the Court was cleared by the no.
licemen. who behaved as if they were in a
riot; and, passage having been made.
stokes walked out of court arm in arm
with Mr.. Tremaiu. and followed by the
sobbing ladies. who clustered around hi m
and held his hands as if they never would
let him go. And thus ends The second act
OF this the most exciting of modern crimi
nal trials. Stokes was taken down RI tha