New-York tribune., 1873-01-04
THE STOKES TRIAL.
MR.. TREMAINs PLEA FOR THE DEFENsl

THE ARGUMENT BASED MAINLY UPON JUSrI-
FABLE HOMICIDE.
At last the end Of the second trial of Stokes
approaches Yesterday both sides rested their case, and
Mr. Treman for the defense began an able address to
the Jury which viii be completed today, when tho
whole case viii certainly be submitted TO the jury II
there Is any power left In the Court TO do From tho
beginning OF the trial TO its close the most zeal
Gus advocate OF sharp work, not excepting
Stokes himself, who certainly appears annoyed
at every delay, has been Judge Board
man Yesterday, when Mr.. Treman, after two hours OF
steady speaking with his eyes heavy and his face red
deped with the almost insupporabe heat and closeness
OF poorly ventilated room craved an adjournment
untn morning Judge Boardman said that he would
yield. II the favor insisted upon, but he wohlu
greatly prefer taking rest of half an hour and then
going on for an hour longer so it done, and the
jury have Sunday for the consideration Of the case
II they follow the expensive example of the previous
jury and disagree.
The first man called was Louis Burrell, who on the
stand the day before but the Court held that his tes
mOuy was improper, and Mrs Emily Morse took the
stari Mrs Morse is OF the family that has been
alluded frequently in this case Her testimony
was IN substance follows:
MRS MoRsEs STATEMENT
On Jan. was residing at the Grand Central hoteli
my family consisted OF my mother and three chldren'
and u apartments the third hoor ON the Broad
way SIDE was acquainted with Col Fisk he visited us
about six times while was there had known him 10
or IL years: never saw pistol in his possession
never employed a washerwoman, because had my
washing done At the public Laundry never nS mao I IN my
into my employ the day after last IhanKsgVihg
city IL was rented then got possession OF II on the
first OF May since was married never bore any other
name.
Q. Did Jenny Turner leave you without your knowl-
Mr. Follows offered to show that Jenny Turner left
without Mrs MOrse's knowledge consent, and that
Mrs Morse did not direct her TO conceal herself from de-
tectiyes. The court allowed the question. but Mr. Fei'
@ Dd YOU tell Jenny Turner to leave your house and
your TO avoid detectives A. did not was
from home when she went away she has not been IN
TO Mr. Townsend-I have sister namcd Caroline Aus
TIM she Is ~ Europe myself have never let the elty
my husband died IN Providence eleven years ago; my
brothers we're partners Mr.. Fisk in the cotton bust
In Boston, don't know the street; the business
relations continued always and don't know that their
ufaIs settled yeti the day OF the shooting was
the dentists; Ileft Dr. Aliens about 4:30 p m; my
20 my room; Jenny Turner told what had Lappened
and Went down and saw Col Fisk; Iieit the hotel on
Monday the 18TH and went 70 board till we obtained
mothers houses was present when Col FISK made
Q Were your daughters remembered in iti (Ex-
THE TESTIMONY CLOSED.
Owen ". brennan, Commissioner iOf Charities. was
asked stapleon the witness for the defense two
days ago. discharged, but the question was ex-
oluded.
John Fitch the warden Of the Penitentary. testified
that they kept roll of the absentees and they did not
StapetOns being absent and did not think that
he If ne had been, witness would have known H.
Richard 7. II. Abel Clerk Of the Penitentiary. test
He'd regard the records. and Redmond Thos Hart,
Geo. Bardine. and Mr. Shimmel were all recalled TO
FGvin n N~TeItbv booSkeeper at the Hotel Bruns-
wick. formerly in the Hoffman House, remembered see
Ing ku4Dan. stokes and Parker who swore about
sOkess threats talking together about six weeks be-
the shooting stated by Parker. John r. kimba
not rccoect threats. John Stapeton came forward
20 sustain his brothers statement TO the laters
FN- afu nn x
Both sides here rested, and at 22o p m Mr. TTemain
rose ana began ms argument in favor OF the prisoner
Extracts from his speech will be found below:
ADDRESS OF MR. TREMAIN.
Court please. gentlemen of the jury, entering
upon this very important and solemn investigation, It
would be injustice for to fail to seize the first mo-
express you behalf OF the prisoner IN this
Court our sincere thanks the patience conscien-
tiOus attention with which you have listened
t. the evidence in this most momentous case.
We desire also express TO His Honor the
Judge our profound thanks and Acknowledgements
for the learning kindness, and marked impartality
which has characterized His Honor IL these proceed
ngs II has been my fortune in than thirty years
experience in active life TO be concerned Attorney
General and DistIctAtorney, and counsel for prison
er than thirty capital cases. and take pleasure
in declaring that have known in which
the of justice have been held with rmer and
boider hand than has been my experience ia this most
difficult and exciting case.
We approaching the termination OF this case, and
the fate the prisoner will be determined by
The curtain will soon close, and you who have
been concerned in the most important part will be dis
charged from the solemn duties and returned to your
families. No one who has not occupied position
which occupy can form any idea OF the awful and
solemn responsibility which rests upon my shoulders.
who has not been charged with the duty OF de
lending man on tral ior his IRE can FORM any cSGep
YOU For nearly seventeen days have sat beside this
throbbngs Of his heart have become apparent to me.
been compelled by our duties TO stand by
tsct ms life in the fearful struggle which he has
engaged. Now the ume has arrived when the word
bosom OF his afeted family which will consign him
the state prison. or perhaps to an gnomnous death
TIE STRUGGLE AN UNEQUAL ONE
Was there ever . unequal a struggles myself am q
stranger 90 you another city, without weight other
than by my argument Believing that the prisoner Is
more snDed against than SHINING, trust TO convince
you by my argument Against me is the whole power Of
the Commonwealth. Detectives swarm every hand.
oiut OF the harness of any witness but has been
thoroughly tried. Against me IS the able Assistant
been friend Of the prisoner. But in view Of the relent
less manner in which the prosecution has been pressed
think the prisoner may well say save me from my
Assoeated with him are two OF the abes members OF
the oar veterans profession selected because Of
their experience and skill, aud profound ability, en-
poyug the powers of the culture which they possess
10 drive this prisoner the wall They seeking 20
extent OF their duty to place the rope around the
the has been pressed against the prsonet0 which
may occasion particularly hereafter 10 advert
1T would seem II they determined, IL possible
% wiring from your mouths verdict that they may bear
the bleeding scalp Of this young man away from this
court house as a trophy OF professional success.
II is an unequal struggle calculated to sppal the
crayest and the strongest; but Notwithstanding these
odds before you to-day feerlessly and boldly
believing that this prisoner is clothed In such panopy
OF Justice and truth. defended by such array Of
testimony that there is no just verdict that can be
pronounced except verdict OF absolute and honorable
aoquitral The Constitution OF the United States de-
rares that shall be twice put in jeopardy FOR
the same oense" You have 1t In evidence before you
that this prisoner has been riod and his trial re-
suited in disagreement. We acknowledge the inter
Constitution, and which must be regarded law
that the inability Of Jury agree Is