New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-30
THE STOKES VERDICT.


the CLOAK NO ABOUT nun tnat " Wolu
receive these holes; aud was that a position which
required 70 10 ne held certainly by one band. possibly by
that appear In the other part OF ths cloak not mate
ia Ia ts ease. As 10 the two claimed TO have been
tn with the fatal wound it is not necessary consider
as them here. The COAX Is evidence Of the position
that that cloak received those holes at one
,S S va. S roson whese Of SI tRe bail hat
wounded the abdomen aud intostues must have .ese1
through 10 TO get at this spots aud II are satisfied
that impossible FOR that 10 be in such posi-
zion whc Fisk held pistol in hs baud or ~ either
as a witness. The testimony caunot be bribed or St
duced from the exact truth Il will not msiead MS In the
case BA you VIM sc II a., Gepena' On 'i;e
how or when the holes were made whether
81 she deceased when shot Tuen again the evidence "a
10 hc question whether tins contest in which tho
shoVtu occurred n inc defense o NC growing Out OF
the conduct oi the prisoner rs before YOU II "a not dis
puCd lie went lrom that place saying that man
~'s shot IN ono OF TWO instances saying, 'Sehu
Tor q doctor" and IN others saying mau was shot,
IN the HAN below he said nothing about having shot
sef-ieeuse from necessity. Under those oircum-
which he abored You arg asked to coaCladc that the
faog That he omitted 90 state 81 have shot man in self
shoot me-" the that he 10 stand his ground
or retain hs pistol that he had not demanded an lnVes
tigatiOn az the mouent-that these facts not Of
much Weight because OF the excitement under WHICH
he lJbOred, that il q question altogether for you.
Il reasonable 10 suppose he would have done that
he knew SIMPLY shooting IN Seii-deteuse under
Sould make the act completely justiHahei Or was he
Iaboring under such excitement OF mind. confusion
of idcas. that ms only impulse 10 leave the place
send other person TO take care obc wounded
TO doctor for HIM, an to say nothing
aboEt itf That matter for You Judge. repeat
facts and circumstances. which Il me correct
and tue iGea TO be applied To what happened at that
time II 10 the CONCLUSION that no was not
lab0rnV uHder such excitement that be did not act
emotion which prevented hs understanding OF all
lhat had occurred, then his silence may he OF import
ance; because yon NAY judge, perhaps, that when
TO proclaim that such was the fact
The counsel for the prisoner has called upon me 10
cftrr tru
namerou, that cannot lake ume to ~ through Win
thcIn detail.
ATTENTION GIVEN TO SPECIAL REQUESTS
Judge Davis here requested the counsel fer the
prisoner 10 call his attention to such Of their requess as
he bad omitted TO charge thus far.
MI Trcmain excepted the refusal 10 charge accord
ng to 2rh aud 29 requests inclusive. the subject
beng the or ct OF mOrpi4 Under the second request
the Court said;
In considering this question Of scltdcfcnse II Won
satisfied tlut Fisk at.acsed him win pistol, 90 was
about alacs'nS nun Win L.'f,, rs 9, ~ w , 81
have already stated, 10 would be Just'uaue. But the
asks 10 tf you that Inc pr"ueT subject OF
consideration IN respect 60 th1t r'n,1 ing an ihe
emotions OF lis mind, "a the fact o. "u these various
Lat is q mosb proper sG'lclt IA the CON
Edtraoun OF tAe question ~helhCr OF
Ik with intent to do him Injury. Ii you satisfied
flsk Was making an assault win ps,o WY, hulhhg
could ne clearer than that a this evidence bears upon
tns floou IN r . end aIfhou IL would b. entirely
suciput Justify him. II the circumstances were as ne
o,hcr ri-cnmsfa!ce. iudencndeuily OF This vet as a
matter course. all these threats and all the excite
even more plain the idea OF danger, 10 his mind.
MI Tromsn said he intended that the request should
include tbe subject Fsks character and The premedi
tsu0n Of tho shooting
Judge Davis said be tad already charged IN the
strongest possible terms upon tine question OF premcd
tsted design, and that he intended that his charge
should tho character Of Fisk and everything in
of
60 ku.
The eighth relucst The Court had no, yet reached.
The tenth request was definition Of iDauslaughcr
the fourth degree, and applied 10 the particular effect
Of fears where the meeting between the de-
ceased and the prisoner was accidental.
The Court refused 10 its charge in this respect
and Mr. Tremain asked for exception Under the
wentysecond request with special reference to Thomas
Hart the jury instructed that II any witness was
found 20 have falsely and cOrrupty 10 any mate
al fact Dr. not entitled 10 weight up0n any matter
Mr Trcman excepted 20 the refusal 10 charge 20 the
hreth and th-tyfrs requests and excepted severally
to the refusal 10 vary the charge upon the thirty
hlry-turd aud thirty fourth requests Mr.. Tremain
excepted 90 the refusal 90 the charge under the
rhirty-uuth request regard to the probabilities OF
there having been two pistols
rEovINCE OF REASONABLE DOUBT.
ResuminC his charge, Judge Davis said:
Another subject o which wish now to eall your
attention BE- the rule % law requiring the jury, III cases
Of this kind 10 be satisfied beyond reasonable doubt
81 guilt OF the accused before his conviction That
l. the rule; 70 De- upon the legal presumption perhaps'
that every is innocent until he n proved guilty..
Tua presumption. Of COURSE attends the prisoner AZ al
tmes uati evidence IL from tine mind OF tho
Jury; ue law requires u 70 be removed by evl'
dence, and that that evidence shall 40 lar re-
move &c that the jury snail nave no reasonaplee
doubt" the language OF the law, on the subject o.
guilt. That reasonable doubt must arse from the
evidence m the case-s character, laid before you,
absence OF such evidence as you think ought
10 be given 10 explain certain facts which are gwen
cannot express II any better language than that OF
chef Justice Shaw OF Massachusetts,, although II does
Raa.Sn.6e doubt AS defined by Chef-Justce Shaw,
IN the Commonwealth against Webster " IL that state
81 which. after an entire comparison ano con
alteration OF the evidence, leaves the minds OF the jurors
So that condition that they cannot say they ieei an
abiding conviction OF moral certainty Oh the truth OF te
charge" TIE prisoner Is entitled, as matter OF
course, 70 reasonable doubt coming up 10 that
standard they are not 20 De iahGilul uoup,S MY ae
not 10 that class OF doubts which transcend all human
affairs, which make US uncertain OF anything on earth
there are possible doubts in all cases. The
question il whether or not the eVi0sn o
mind 10 satisfactory conviction. that You are aoe
20 say from what has been shown here, i am con
WINGED that the prisoner Is guilty OF the charge III II
does then II Is duty 70 say 80 IN your verdict II u
does not bring your mind 70 tna' c0pton o. t5
pris0uer 10 an acquta. The counsel asks me 10 say
mat il Il sufficient that there be reasonable doubt
upon particular branches OF the case ~ uos nor seem ~
me That t Court called upon 10 make the charge In
Thai form il enough Tor the Court TO say that rea-
sonable doubt affecting element essential TO con
Vicon Of a crime charged entities the prisoner ~ so-
outfa Aud bat grows out Of the TACT That the people
Sfe bound TO furnh evidence producing the moral con
YicuOn u which have alluded. ~, ...,a.,,o
In respect u the defense set up here. OF usthsbe
hrrds Won will observe OF course. that IN this ques'
non of reasonable doubt OF gu j. nNolVeu Ie pioPos
non winch counsel asks, 70 wit, that YOU hsve
rrasonabe doubt a. TO the question OF jusnabe bODl
eide, the question Of selfdeiense OF II IheIo 10 %
necessity in your mind doubts which are IeaSouaDe
within the standard gven GA the question whether tho
shooting was OF was not In sell defense, theh te
Wit whether the killing with 1.-THE intent 10 destroy
hfe whether with the premeditated design 70 entSe