The New York herald., 1873-10-10
The Challenge to the Jury Array Of De-
fendant'S Counsel Sustained.
JUDGE DAVIS DECISION
Counsel Withdraw the Challenge and Announce
Their Desire to Proceed with the Trial.
Empanelling the Jury---Six Jurors
Obtained.
INCIDENTS IN COURT.

The proceedings in the Stokes case yesterday
were rather remarkable in these days Of dilatory
action In courts of law for the progress made IN
obtaining jury. This, no doubt, was due to the
disposition evnced by the counsel for the defence
to interpose no technical objections to fair
speedy and impartial trial OF their unfortunate
client. Two years have now nearly elapsed since
the crime with which he stands charged was COM
mitted. and though no palliation or extenuation
arises therefrom, yet the fact OF prison suferngs
SO long endured and that hope deferred which
maketh the heart SICK so long, no doubt the main-
stay OF Stokes existence is sufficient incentive to
risk the pending issue to short trial as possi
BILE. 1t was probably from this feeling on the part
OF Stokes and his nearest friends and advisers that
his counsel urged no more technical objections to
jurors yesterday ana owing to which
Six JURORS WERE SWORN ON THE TRIAL.
At the adjournment OF the Court Judge Davis
stated, in the course OF his replies to the remarks
OF defendants counsel in urging their objections
on the previous day to the jury panel, that he was
satisfied that the defence intended to proceed on
the trial OF the case in good faith and
WITH AN HONEST INTENTION
to rest their cause upon such defence as they
could establish The prosecution-Mr. District
Attorney Phelps leading-have thus far shown no
disposition to press their side OF the beyond
the limits which just and conscientious sense OF
pubic duty demands, ana nence the PUBIC may
rest satisfied that the third trial OF Stokes Tor the
murder OF James Fisk, while it may not occupy so
much OF the time OF the Court as did the two tor
mer trials, will nevertheless be ably Impair
TALLY and strenuousy prosecuted and defended as
the others.
1t will be seen from the subjoined report Of the
proceedings tnat Judge Davis sustained the chal-
lenge OF defendants counsel to the jury array
Here was an important point gained by the de-
fence, II delay had been the object sought for, in
presenting the challenge. on Lhe conclusion OF the
Judges decsion however. counsei Tor Stokes arose
and, in a lew remarks explanatory OF their action
on the question, withdrew the challenge, with the
permission OF the Court, and then stated that they
were ready to proceed with the case.
The empanelling OF jury was then proceeded
with. The only incident OF public interest in this
connection was the eliciting OF the fact from
juror on the witness stand, when questioned as to
his availability to serve on the Jury, that person
had approached him, knowing him to have been
summoned, and sought TO entice him into
conversation on the subject but which
he had evaded. The juror was not sworn, and the
Court ordered Q summons TO issue against the
party to bring him before the Court and show
cause why he should not be punished ior con-
tempt.
The prisoner and his relatives and friends were
early in Court. Counsel on both side were also up
to time, and punctually at hal-past ten O'Clock
A. M. Judge Davis took his seat on the bench.