The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-12

The Case to Go to the Court Of Appeals in June
Stokes Says That He Expects Nothing from
Governor Dir il the New Trial is Denied
Him-He Declares That to Forfeit His
Life il . Fate Preferable to
Pining in q State Prison.

Him-He Declares That to Forfeit His
Life il Q Fate Preferable to
Pining in q State Prison.
Edward g. Stokes has now been confined some
six teen months in the Tombs prison, and, as his
case will have to 60 before the Court OF Appeals in
June, there is great interest manifested in the
public mind as to the decision to be gwen by that
Court,
WHICH MUST BE FINAL.
The late decision OF the General Term is not
looked upon as one OF great Importance among
leading lawyers, who were spoken to on Saturday
afternoon by HERALD reporter as to what in
nuence the General Term would have on the fate
Of Stokes. The case il a most peculiar one, and to
make the points that are to be brought up In 1t
BEFORE THE COURT OF APPEALS
better understood it win be necessary to briefly
review the history OF this cause celebre. The kill
ing OF James Fisk took place on Saturday, January
9, 1872. The week following was taken up almost
entirely by the investigation before Coroner N. W.
Young and an indictment for murder in the first
degree was found by the Grand Jury and Stokes
was called upon to plead to it. His counsel put In
special pleas Immediately all OF which were over.
ruled by Judge Ingraham, except one plea as to
the legality OF the Grand Jury. Issue upon this
plea was joined. and after a long trial be-
fore jury, OF nearly a months duration,
Judge CardozO refused TO permit the Jury to decide
the case, and found adversely to the prisoner.
Stokes counsel excepted at once. This particular
exception seems to have q very great bearing on
the Casa most important one for Stokes, and
consequently the decision of the Court Of Appeals
on this point will be watched with interest Sew
eral OF the most eminent lawyers in the city, during
the last week, have expressed the opinion that
where evidence is taken
IN A CAPITAL CASE
before jury the question is for the jury, and not
for the Judge to determine. Among those who
have expressed themselves In this way are John
McKeon and John E. Burrill, neither Of whom
have taken any part in the present proceed
ings for or against Stokes. After one months
legal squabbles the prisoner Stokes was placed
on trial before Judge Ingraham, who presided.
The trial lasted more than three weeks, and re-
suited in disagreement of the jury, five OF whom
were for acquitta and seven for murder. Then
came the trial In December last, which continued
into the month of January. The result was that
the jury brought in verdict of murder in the first
degree making the time employed in trying this
ever known IN capital case In the United States.
Many lawyers, therefore, think that the General
oRs ana mat 0f the TO a
applied to at once In order to save time and ex-
pense, and thus
SIMPLIFY THE MACHINERY OF JUSTICE.
AS the full bench OF the Court ofAppeals will have
to try Stokes case early in June HERALD reporter
called to see Stokes on Saturday afternoon at the
T0mbs and was admitted at once to see the pris-
oner by Warden Johnson. Stokes was looking well
and seemed to be in good spirits He thrust two
OF his fingers through the barred grating OF his cell
door, ana the dialogue opened as follows:-
HERALD REpREsENTATIvE-l am glad to find You
E You 40 net %rch
STOKES (Smlling)-Ies, am quite well, The de-
Cision has not affected me mucn Had i been ia-
vorabe 1t would have been appealed TO the higher
Court by the District Attorney precisely the same.
So am not injured, trust
HERALD REPREsENTATIvE-Do you not think the
lengthy opinion given by Judge Fancher may
pealsY
they understand the law. BY the way, some peo-
pie think Judge Fancher's elaborate opinion was
written as much with an eye to public notice as to
knowing smie). am glad to notice Judge Davis
has not written
HERALD REPRESENTATIVE have heard 1t ru-
mored to-day that Judge Davis expects that the
Court Of Appeals viii give you new trial.
understand the vast power welded against me.
the world has battled me very hard, and have
menae
state more than once that no man had ever been so
pursued su before S a. you have been
can saw. Private counsel the District At
torney's office against me, placing perJured wit
lew months previous was their Client and had
entrusted them with the history OF all my affairs
with FISK (s0rr0wfullyl can hardly realize 1t.
never expected 1t; but suppose 1t Is the way OF
the world
HERALD REPREsENrATIvE-Oh, you refer to the
engagement of Beach and Fullerton as private
counsel TO prosecute you but OF course you can
not object to the District Attorneys It Is ms duty
SToKEs-Ex- District Attorney Garvin did try the
case al the first trial. When he saw the perjury of
that wretch, Thomas Hart. like an honest man, he
refused to use 1t against me in his argument. In
fact he expunged 1t entirely. Judge Garvn is an
able lawyer and a conscientious man, and would
not stOop to Infamous practices to take my life, and
cannot help but respect him forit
HERALD REPRESENTATIvE-Do you really believe
that District Attorney Garvin thought
HART's EVIDENCE MANUFACrUREDp
STOKES-Most unquestionably. DO you suppose
so able a lawyer would overlook such vital testi-
mony II true9 Oh, no. 1t was omitted because ii
was rank perjury II l was to meet God Almighty
tured from beginning to end, solely to convict me.
Hart testified he watched me stealing along the
| halls bending crouching and peeping down the
| stairs, and heard me mumbling and saying, 81
have got you now.' then wait two minutes and fire
two shots into Fisk. Then Hart swears ne chased
| me and saw me throw the pistol into parOr, and
! stood alongside OF me when arrested and heard me
deny the shooting. And yet he never spoke and
| remained silent; never told any one what he saw
/ and went on to his work.
Is THAT NOT ABsURDLY RIDIoULousg
But three or four hours after Jay Could with the
Erie detectives had swarmed the hotel, Hart
suddenly recOlleCted that he saw the shooting and
| told Mr.. Powers for the first time OF 1t. That was
at nine O'Clock tnat night. Just lock at It, 1t Is
! plain as daylight.
HERALD REPREsENTATIvE-It was unfortunate
| for yon during that trial that public excitement
ran so high.
sToKRs-That is 1t. exactly; public excitemen,
and the severe rulings did the work, and the
jury were unable to Judge calmly. Every one thai
| read the case was ast0nished at the verdict
HERALD REPREsENTATIvE-D0 You believe that
Jay Gould really pursues you as you have so often
statedP Understand you to have remarked that
/ Judge Fullerton has been employed by Gould tC
! act as private counsel against you.
STANDARDIZATION will pursne me TO the bitter
| end, no doubt; but Beach has entirely withdrawn
] should think that he would be sorry for what he
/ has done, for was
REALLY AT HEART A FRIEND OF BEACH.
HERALD REPRESENTATIVE the WORT comes to
| the worst and the Court OF Appeals refuses new
trial / suppose your friends nave hopes that Gov.
ern0r Dix would commute your sentencep 1
ST0KEs-NO, sir would accept nothing OF the
Sort / never Intentionally violated the laws
l or thn Gtata MI ~ I