, 1873-01-06
S1OKES.'


NEW YoEK, Jan. 4.~-Tho closing stagos o
stokos second trial layo arrived, md tho putll
interest Ill tho case In roawakonod. Lyman ITO
maiuos argument for tho dofonco asboou 4 Ion
and powerful effort, Booking to provo ti,at Stoke
shot in Eolf-aofcnco, and is baInolosB, Th
prosecution III oponing, to-day, insistod tin
tue murder Waa premoditatnd for at least on,
year. Those Who hare followed tho trial n,us
ciosoly anticipate yorliot of other murder II
tho second degroo. or another disagreement.
[1o the Assaciattd press1
l. fon TILE DEFENCE,
L. dreat croNds gathered around TIM Cponrt O,
Oyer and Ternfncr to-day when Mr.. Tren,air1c d
was making tho concluding portion Of bis argu.
mel't ~ defonco OF Stokos. lilo .yaa yorv soyerc
upon tho boy HART alleging that ho WIS a per
1arer, and hlH Misunderstanding upon tho character
shooting of FslI by stokos, untor ovon 1t, ap-
prohonsion Of danger, il that approhonoion yaB
hincore; waa q juHtiilablo defence. After ii,
exhaustive argument in which the character Of
riaK anu the "at1lasHos for tho prosecution
,; were severely cxcoriatcd, D1r. Tromaino closol
Ills effort for tho prisoner at o'clock, There
WAS Ereat applause from tho audience 1rou tho
conclusion of tho address, Which was suppressed
| by tho Judge.
FOR THE PROSECUTION.
After recoss, Mr. l3oach commenced tho reply
ior the prosecution, and spoke several hours
1le reviewed ut length tho testimony OF thu prin-
cilal witnesses, and called upon tho Jury to
Judge whother from the story Of Stokes him
early career, and tho circumstances OF his
murder woro commented upon with severity. On
the question OF reconciliation, Mr.. Beach sub
mIttGd MITES to tho jury on the broad principle,
Mtother, at tlio moment Of firing tho fatal shot,
tho prisoner intended to kill.
THE CHARGE, So.
When AIr. Beach lad concluded, tho Judge ut
onco proceeded to deliver his charge. Aftor conn.,
nlimonting the jury, co,1nHc, and press for ab-
stunning from criticisms in tllo caso lo charged
That all questions wero to be discarded which
bore upon tho character and habits, or socnl
surroundings of either tho deceased or tho
p51Ssr pr ~" Tie killing being practically conced
ct eoo eaton wae whether TINT killing was
killing was either murder in tho first degroe,
1nanslaughtor n tho third dcgroc, or juAtitiablo
homicide. 10 detormino tho point at issue, 1t
waa important to consider: woro there two plis-
acting III sclf-defence. IIo thon ex- m
Rlaiued tho theory Of tho prosecution
that thoro was but ono pistol, aud OF tho lofenco
that thore were two. Hc intilnutod that tho
5nry might consider another theory, viz, that
tho pistol found by, tho lad was dropped By tic
prlsonIor, though this theory waH irreconcilablo
with tho testimony. No ono tcstiHcs to seeing
apiatol in FlBli' hands except the prisoner. Tho
ailonco Of tho prisoner whom arrested didn't
ths nthoeessary rznyyor nFoy9 Gpn g II h9 uy believed
find n. vordict Of nnurdo in tLo
1lrat degree ,lnloBs they found a verdict Of
mansiaughtcr In tho third. On tho latter point,
they were to consider II thoro vaB conflict nnd
whether tho character Of Fisk was Bucl, az from
monacos to lend to apprehension Of danger. On
that point only. viz, whether decoasod was per-
sonally Tiolont md dangerous man or not,
we're they to conRdor lis character. It was the
duty Of tho prisoner to satsfy them that tho
killing was not murder.
His Honor than explained the kind Of doubt
to Which tho prisoner would be entitled,
ana in conclusion said it would bo a
great HiBfortnne il tho Jury now DISAGREED.
Ordinarily, twelve honest, intelligent mon do.
aftor consideration. mako 1lp thoIr minds and
agreo,-whoro passion, prejudice, or obBtinacy,
or othor motives aro preecnt thoy 1o not. Tfa
made those remarks bccauBp tho irrv m fra,
formor triat disagreod. Tho prisoner w,a o;thor
guilty, and should ho convicted, or innocont
and acquitted His Honor d;d not ant;c;natn :
In this case.
Iho Jury then retired.
THE VERDICT.
Tho Jury in tho 6tokos case, after being ont
some I, low houra entered at Il o'clock, and ron-
aorea verdict against tho prisoner Of murder in
%ne Atnt ue6ieo.
SENTENCE DEFERRED.
! Juoge boardman deferred sentence until Mon-
u rUnL1G eEST1NEST. |
Iho anticipation that tho verdict would be |
givon some tinle tonight in tho Stokes cnao
created much interest in many places through