The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-11

Stokes, with the calmness habitual to his nature,
received the intelligence with cool complacency.
About eleven O'Clock Mr.. Dos Passos, who has
been 80 ndefatigable in his loyalty to the prisoner,
arrived at the Tombs and confirmed the pleasant
news. The prison officials were reoiced to hear
that Stokes was to have another chance for his
life, as he has been always quiet and courteous,
and all with whom he came in contact sincerely
sympathize with him. warden Johnson said that
he was not At all surprised at the news, having
always expected it. Yesterday morning. before
the decision arrived, the warden had converse
ti0n with the prisoner In his CELL
THE PRISONERS CONFIDENCE IN HOPE.
Stokes said -
"well, Warden, when do you think the decision
awarding me q new trial viii conner Do you think
1t will come before Fridayw
II don't know" replied the Warden, "it may
Stokes then said:-"well, 1t has got to come;
they ,n:, can't do anything else but give me new
Al noon HERALD reporter called at the Tombs
and by the courtesy OF the Warden was immedi-
ateiy permitted to see the prisoner Stokes was in
and Mr.. Dos Passos. He did not seem to be un-
usually elated, but exhibited his usual sang lroid
and had dispensed with shirt collar on account
OF the caldity OF the atmosphere. He very
Willingly acceded to the request OF the reporter to
FEW MINUTES CONVERSATION,
which was az folows:-
REPoRTER--Y0u seem to take the decision OF the
Court OF Appeals very quietly. Mr.. Stokes2
sToKEs.Well, have expected no other decision
for some time my last trial was VIGOROUSLY unfair.
On many points, which were decidedly in my favor,
the Judge ruled against me- and his charge TO the
Judge. always expected that the Court OF Appeals
would set aside the trial, and am, therefore, not
REPoRTER-Do you intend to fight upon the old
! ground next timer
NEW BATTLE ON OLD GROUND.
STOKEs-Yes, We will fight upon the old ground,
but shall have much stronger case. Some OF the
evidence adduced upon the last trial will be
| omitted and new evidence which has unex-
pectedly turned up viii be substituted in its stead
| am confident that II have fair trial am sure
| OF an acqutttal, and think that the next trial
Mr.. Dos Passos, nterrupting, said he would do
- STOKES pSMsr % you think they will
| admit me to bail ?"
Mr. Dos PAssos-well, l don't know; but don't
SToKEs-Judge Boardman must feel pretty bad
| this morning 1T the decision Of the Court OF APP
| Is the reason which made him go so hard against
me: ! knew all along that Judge Davis was right
and that ne would be
| am satisfied now that am sale and that at my
next trial Justice WIN be done.
| STOKEs-I never felt better In my life. l am In
perfect health and in good spirits, as have besn
At this stage OF the conversation some visitors
| were announced, and Mr.. Stokes, bidding the re-
porter cordial good day." hastened 10 meet
generation; but he is active and cheerful, and his
step has lost none OF its youthful elasticity.
| Interview with Stokes Counsel.
The reporter subsequently had a conversation
| with Mr.. Dos Passos upon the technical points OF
the case. That gentleman aid:-"Mr. Stokes has
never been encouraged by his counsel to consider
that the decision Of the Court OF Appeals would be
! favorable though we had the most unbOunded
confidence In the result. The points OF law to
| which exception were taken were so strongly in
our favor that the granting Of a new trial was al
| most f0regone conclusion, and the short time
that the Court of Appeals took TO decide upon
those questions proves that We were right in our
surmises. The ruling OF Judge BOardman
against the prisoner IS almost unparalleled In
the history OF criminal Jurisprudence At the com.
mencement OF the trial Judge B0ardman was In.
clined to be very impartial. but when the evidence
Tor the prosecution was all over there was q
marked difference in the rulings Of the Court.
Almost every point was decided against u.s. and
the charge-the most important part OF all-had a
powerful influence upon the jury. We were, how
ever, convinced that cause was right, and the
decision OF the Court OF Appeals you see sus
OUTLOOK OF THE NEW TRIAL.
REPoRTER-Wnst do you think Will be the result
Mr. Dos PAssos-well, as mr.. Stokes says, the
chances seem decidedly In our favor. You see on
|
strongly excited against us ON account OF the re-
ports oil the murder which were published In the
newspaper Those es accounts though written tit in
rect on many points, and the public are now be-
ginning to perceive they we're Internationally
| msled.
REpoRrER-Ts there any possibility that the
venue VIII be changed upon the next trial
| venue and the prosecution has never done so in
this State. In the celebrated Polly BOdne case the
venue was changed three times by the defence. but
/ N
changed IL. don't think that the case will be
taken out OF this circuit
REPoRTER.-ls 1t not an unusual thing for the
Court OF Appeals to set aside o decision OF the Su-
premc Court2
Mr.. Dos PAssos.-Oh, no.. Inc judges OF the Su.
preme Court are men OF ability, integrity and
learning, but their judgments have been frequently
set aside by the Court Of Appeals for instance IN
the Polly BOdne case, which just now alluded to.
There are many other instances in which the Court
OF Appeals has decided against the Supreme Court.
REPoRTER-Don't you think you will have DIM
Guilty IN procuring Jurors on the new trialY
tain that Jurors will have less hesltation in serving
upon the next trial than heretofore. The excited
public feeling which prevailed In this case has
vented Jurors from serving On the last trial viii
not exist on the next one. All things considered,
quitta Of my client. have no idea when the case
Will be called on again, but wneneveri it comes we
Or d e the pSS Se
same counsel who have adhered to Mr.. Stokes
through the previous trials will appear In the next
| one.
There was an immense rush of visitors TO the
TOmbs yesterday and Warden Johnson said he eX-
pected the life would be worried out OF him for the
remainder OF the week. He has decided to admit
| no one without pass to see Mr. Stokes except
near relatives. The reporter, after conversing
with Stokes and Mr.. Dos Passos, strolled
through the prison and conyersed with Sharkey,
Simmons and King. They are all in high spirits
that new trial has been granted to Stokes The
excitement connected with the late Walworth
/ tragedy was completely obscurcd by the receipt OF
the decision OF the Court vi Appeals in this famous
case yesterday.
ALLEGED BRUTAL MURDER AT SEA.