New-York tribune., 1873-01-06
PRICE FOGR CENTS
STOKES CONVICTED.

THE FIRST DEGREE.
At last the long agony of the Stokes trial ia
over One year ago to-day the tragedy at the Grand
Central Hotel enacted and for twelve months the
public mind has been agtated with reeals OF the
OF boodsbed On Saturday night Edward Stokes stood
before the jury and received the verdict Of Guilty Of
murder in the first degree" and this morning win be
witnessed unusual coincidence Of death sentence
the very anniversary day Of The crime.
The closing scenes OF Saturday scarcely descrb
able in their various features OF anxiety beathess ex
element horror agony and final despair. The court
room which has witnessed much of sorrow, was from
morning until reception of the verdict late in the
evening closely packed with of absorbed speeta-
tors filing every seat, choking up tho passage ways,
uumndfu OF fatigue careless Of atmosphere, only anx
ious to hear every word which fell from the lips Of the
eloquent men, who pleaded earnestly and long for and
against the man. who sat- silent prisoner, before the
jury. There many tears shed during the address
Of Mr. Tremain which affecting to degree, and the
weeping confined TO the relatives and friends OF
Stokes, but outside the railing handkerchefs were held
TO eyes, and the jury themselves deeply touched BY
the advocates pathos
MR.. TREMAIN's ADDRESS.
In resuming his argument the opening OF the court
Mr. Tremain briefly reviewed what he had said the
previous day. and then proceeded argue from the local
tiles that either Hart lied all the other witnesses who
the spot at the time OF the shooting lied He
called attention the fact that thought necessary
to confront Stokes with Fisk for Identification and that
Hart who says he knew 1t was Fisk who shot, never
pretends to have said that Fisk was shot. Who II
that told these boys and Henry De Corey to keep theI
mouths shut Was It not singular De Corley should
be found nattentivei After two years service
for the first time he was found inattentys
to his duties just after the first trial. What
influence succeeded In discharging John Moore
the first who reached Col. Fisk from the
street Who 1t who expressed regret that there
was some difference between the testimony for the pros
ecutioni Would not man of humanity have rejoiced
at the possibility that he might have been mistaken and
that the prisoner might be proved innocent VINO wai
it who furnished these boys better food Who was whs
was contradcted fatty by Capt. Byrne us 20 the mar
who gave him pistol Mr.. Curtss called TO repe
the idea Of the presence Of any one In the hall Why,
many rushed In at the Shots from the outside and
could they believe that when they were heard those
the hotel did not rush there too he only alluded "a
that TO that the most honest man. in moments OF
excitement might be mistaken as to circumstances.
What power removed the Morse familyi What power
made Jenny Turner disappear until in the providence oi
God her residence was communicated to the prisoner
and her testimony secured He could not permit any
vail OF charity TO rest Thomas Hart because he was
poor boy. lie sharp, shrewd and cunning. Ths
middle and poorer classes we're. rule bound
by the rules Of truth than the more parician members
Of society, and this boy could not plead ignorance OF
weakness He alluded to the difficulty OF knowing the
heart Of man. except the Almighty and the light that
was thrown on 1t by the testimony Of the prisoner He
recalled 10 them the story OF the prisoner that all was
done flash, that there was no time for Thought tha'
there was no determination intention The God whd
tried the hearts and the VEINS who had absolute knowh
edge was not harsh and Jupiter Tonans, but
God OF love- who gave his only begoten son that the
world might not perish but have life.
Mr. Fellows had very clevery injected into this case
that on the former trial the defense that the docto
and not the wound killed him. He forgot to tell them
that that trial the prosecution laid the foundation OF
that defense by bringing before the jury Drs TrpleI
and Fisher the hotel DOCTORS who gave occasion for that
defense. The prosecution had not produced them thk
time and not for the defense TO go into then
camp to prove that chance OF life left TO Mr. Fisk
through the administration of drugs and be bound by
Of witnesses who were interested TO show
that the treatment was proper He claimed that the
pistol OF the prisoner overrued by higher power
and the death of James Fisk justifable He did moi
claim that simply because James Fisk was bad man
the prisoner had right to kill him. But he had right
TO show that the character OF this manvioent reck
less without moral restraint-was known TO the prisoner
and acted on his mind
JUsTIFMBLE HOMICIDE URGED.
Justifable homicide was a killing where there
reasonable apprehension OF felony great bodily
harm from the party killed The statute was the re-
enactment Of natural instinct. They TO judge
whether prisoner had such reasonable apprehension
not whether lie in actual danger He quoted at
some length fdges in Massachusetts, and Judge
Bron approval OF 10 In this State. He cited 10 the
same effect the very old OF Levitt and Blackstonea
definition sefdefense He pointed out that tbe draw
ing OF pistol within pistol-shot was an assault, and
that an made with such violence TO preclude
without imminent danger OF loss OF life or great
bodily harm justified killing Retreat was not necessary
to puta person assailed in the right IL was only thu
assailsut who bound TO put himself in the right By
an effort to retreat and when the pistol was 30 quscs
and deadly it was TO ask the assailed man
retreat And II this man was, as he says five stepa
down the stairs eight feet from the that
would shelter HIM from the pursuing butler, wheE
the deceased whipped out pistol he not bound
run away But he claimed that II not the assalan the
prisoner was not bound to retreat at ALL To away
was repulsve TO every To demand that when
man is in the right he slpi retreat was to place toe
great burden ON human nature. BE quoted at some
neth frombooks to show this, and also to show that
the jury whether the prisoner hon
estly. on some facts believed himself In immediate
danger and that this relation they might take into
account O morbid fear the part of the defendant
TheYmust judge whether the prisoner With his light had
@ reasonable apprehension The prisoner told them the
motives and purposes which drew him to the house.
him dressed unfsly for a shooting. They
foundshm not knowing Fisk was to be there. They
found hit least eight feet from the of escape,
or he said three or four steps down. He sees his
man preparing to fire; he fires onse he fires twice Mr.
Fsks drop Mr. Stokess safety lie secured and no
at once leaves the scene.
he recalled TO them how Mr.. Stokes had stood the
Of the able and experienced counsel
for the prosecution and the fact that the prosecution
hsd not dared TO call witness to impeach him, an
abstinence which, In view Of the Of the
they would not ascribe to decacy toward tho
prisoner but rather their inability and the fear Of tho
overwhelming proof Of his good character which an
attack would have drawn out He referred TO the test-
mQny OF Mrs. Williams to threats. and pointed out
that she was brought to Mrs. Msnsfeds house to shield