The New York herald., 1873-10-16
s T O X e S.
Opening Proceedings in the
Trial Proper.
Assistant District Attorney Russeals
Address to the Jury.
TESTIMONY FOR THE PROSECUTION

was on the first and second trials ALI that can
be adduced on behalf Of the people aud all that
can be advanced In the defence Is longer Ques-
tion OF especial interest; for the whole grounds
the pros and the conS-have been gone over, and
are familiar to ALL The matter ofinterest now is
to the result OF the present trial, and, in case OF
disagreement, what will be the action of the pros
ecution. Two cases are cited to support the idea
that II there should be disagreement on the trial
that Stokes would, after q while, be discharged.
But the supporters OF this theory from their stand
point overlook the fact that the juries who sat
upon the trials of those parties had thrice
disagreed. while in the case OF Stokes
his second trial resulted In conviction
and sentence, and, therefore, removes It from
the precedent sought to be established. Whatever
may be the result II Is quite clear that the defence
enter upon the third trial with strong hopes OF an
acquittal while, on che other hand. the prosecu-
ton Is conducted with spirit OF moderation, and,
at the same time, with an official esprit dc corps
that insures fair presentation OF the whole case
to the jury, that must satisfy the people that JUS
tice and law viii be potential this, the third
trial, as on any OF the previous ones
There was nothing to mark the proceedings yes
terday worthy OF special note. Mr.. Russell's OPEN
ing address, his rst enort in so important case,
reflected great credit upon so young man, and
gave proof Of District Attorney Phelps sound Sc
lection in his associates The jury throughout the
day listened to the evidence with an attention
which, II continued, will 60 far to justify their yer
dict, whatever it may be.
The prisoner Stokes was attended by his friends
recapituiation OF tnat given by the witnesses on
the stand, previously examined in the first stages
OF the case they being called IN the order presented
was small, and but few OF the wel-known faces of
the last women OF the Mcfarland and George
Francis Train and the first Stokes trials stamp have
yet put In appearance.
OPENING FOR THE PROSECUTION.
Assistant District Attorney Russell opened the
case for the people in well digested review or
all the facts and incidents connected with the
shooting and death OF Colonel Fisk and OF the
prisoners participation therein. The excitement
In the public mind, aroused at the time to most
unusual degree, was commented on, and the in.
awakened were traced up to the present, the third
time that the defendant was called upon
Degree Counsel fSsered to the POSITIONS
severany occupied by the deceased and the
prisoner prior to the murder and to other
circumstances surrounding the scene IN the Grand
Central Hotel. just previous TO and Immediately
following the denth OF Fisk. He touched upon
that ne might II possible add to the solemnity OF
the duty which was now imposed upon the jury.
After along and tedious effort they had succeeded
spent, Notwithstanding the allegations OF the coun-
sci for the the defence, that the prosecution
were predetermined to convict the prisoner.
He would assure them that the only desire
telligent and competent jury, who were fairly able
to decide upon the issues that may arise during
had intellectual capacity qualify him to sit in
capital case, where the verdict would entail the
would be great misfortune II, after obtaining a
jury ana spending long period III bringing the
result could be reached - They oiiyO only sought
In the interest of the prosecution, 20 obtain
Jury who were wiling TO lay aside all precon-
ceiyed opinions, who were not to be obstinate in
them, but who would listen TO the voice OF reason
and be guided by sense OF justice. The duties Of
the jurors require OF them the highest intellectual
as well as moral qualifications and he trusted that
they had come into court resolved to disc large 1t
faithfully and honestly. He hoped that no outside
influences or extreme views would be allowed TO
impair their best Judgment for the people, through
them and the Court, only sought iair and I'm.
partial trial. III ever there had been q time
when friend or relative OF the murdered man had
any other motive or interest in his prosecution
other than that which all good citizens have in the
prosecution of criminals under the law that time
mad passed away. Almost two years have elapsed
relatives are hushed in the presence OF the law
and only Justice appears lifting up her voice In the
streets, demanding that the law shall be main-
tained and vindcated; that the guilty shall be pun
lshed and the innocent be set Free With the policy
or the humanity OF the law which demands life
Tor lie they had nothing whatever to do. The law
oil man In this respect by divine law
and 1t was the law OF cvilization-a law which the
safety OF society demanded and up 10 the require
ments or which all men are bound 10 live. With
the facts or the case most OF the jury familiar
The theory OF the prosecution, based upon the cir
cumstances connected with the shooting and the
history OF the two previous trials. was that the
prisoner having violated the law, now
first, that the homicide was committed
IN self-deience, and second that James FISK, Jr.
wounds indicted by the bullets from stokes pistol
Mr.. Russell then gave the salient points IN the
testimony previously elected, and IN conclusion
asked rom the jury calm, unpreudiced trial OF the
case thar they might by their verdict convince the
public that mob violence would not answer the
purposes OF society and that justice could still be
obtained in courts and honest verdcts be
renderd by honest citizens.
THE TESTIMONY.
The first witness called on this, as on the other
trials, was
CHARLES q. HILL
who was guest at the Grand G4ntral Hotel on the
evening OF January 6, 1872, and heard the
shots fred by stokes, and at PROCEEDED to the
meeting stokes on the way. According 10 ms
story ne was the first man on the scene after the
passed directly around the corner OF
the nail; the door OF the room where
the pistol was thrown is on the other side OF the
hal; he, however, saw Stokes tirst standing by
another room on the same side OF the hall rs the
corner, Immediately opposite the ladies' staircase,
making motion as II throwing something into
that room as soon as he ascertained what had
happened he pursued Stokes some one behind
man VINO SHOT FISK y when st1ses met him In the
upper hall he said There's man shot; - he had
q strong impression that Stokes had a cane IN his
nanu; the room IN which the pistol was
found Is No. 2o7, opposite the dining room
han the room in which witness thought
psonSo shicW sOHcLHinB ~ NO. Zlo, on inc
other side OF the hail, opposite the ladies' STAIR
case ala not see Thomas Hart, who claims TO have
been Just by Stokes when the shooting took place
ana TO nave followed MIN right out he saw nobody
Dut stokes there Just then, and could not have
laiied TO see any one who was following Stokes at
tnat point; the person who spoke 10 hm next
must nave come out OF room 200 stokes had then
passed round the corner; was quite clear that he
hadn't time TO go INTO 2o7.
MIR. Francis Curtis another guest, who was ex-
amned before, testified as before TO having heard
the shots when on the third floor and having gone
In.
stting on the 1rst step above the landing break
In the Iadies stairway, reclining on the next step;
Here Mr.. Tremain objected to any testimony az
10 wnat FISK said, and Judge Davis, finding Judge
lngrahSia and Judge Boardman had on the pre-
vlous testimony excluded IT, followed their ex-
ample. Mr.. Curtis saw two persons on the stairs
by Colonel FISK when ne went down; he and they
assisted him up stairs and into room NO. III, where
MltneRa unluit itnned did not renaXe lia clnthn