The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-01-06
THE MURDER OF FISK.

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Lyceum hall assembly from meeting.
THE MURDER OF FISK.
Last Day Of Stokes TriaI-.Argu.
menIs Of CounSel..The Judges
Charge.
Prompt Verdict Of Murder In the
First Degree.
NEW YORK, January 4-There were
great crowds around the Court Of Oyer
and Terminer to-day, where Tremaine
was making the concluding portion Of
his argument in the defense of Stokes.
he was very severe upon the boy, Hart,
alleging that he was periurer; and
his animadversion upon the character
Of Fisk was quito bitter. He claimed
that the shooting Of Fisk by Stokes under
even an apprehension OF danger, II that
apprehension was sincere, was justifla-
bic act. After an exhaustive argument
in which the character Of Fisk and the
witnesses for prosecution were severely ex
coriated, Mr.. Tremaine closed his effort
fer the prisoner at one o'clock. There
was great applause from the audience
upon the conclusion ol his address, which
was suppressed by the Judge. Alter re-
cess, Beach commenced his reply
for the prosecution, and spoke for several
hours; he reviewed at length the testimony
OF the principal witnesses and called upon
the jury to Judge whether, from the story
OF Stokes himself, the case was not one Of
murder. Stokes early career and the
the circumstances oil the murder he
commented upon with severity, and also,
on the question Of generalization being
submitted to the jury on the broad prin.
ciple, whether at the moment Of firing the
fatal shot the prisoner intended to kill.
When Mr.. Beach had concluded the Judge
at once proceeded to deliver his charge,
After complimenting the jury, counsel and
press for abstaining from criticisms in the
case, he charged that all questions were
to be discarded which bore upon the
character and habits or social standing Of
either the deceased or the prisoner. The
killing being principally conceded, the
question was whether killing was crime.
It was agreed on both sides that killing
was either murder in the first degree,
in the third degree or JUS
titled homicide To determine the point at
issue, it was important to consider wheth.
er two pistols were found, and whether
the prisoner was acting in self defense.
He then explained the theory OF the pros.
ecutlon of guilt. II the jury believed the
prisoner fired from meditated design TO
kill without danger, they should find
verdict Of murder in the first degree, un'
less they found o verdict Of msnslaught-
or in the third degree. He intima-
ted that the jury might consider an
other theory, that the pistol found by
the lad was dropped by the prisoner,
though this theory was irreconcilable
with the testimony, no one seeing the pis.
tol in Fisk's hands except the prisoner.
The silence Of the prisoner when arrested
did not necessarily involve apprehension. |
On that point only, whether the deceased
was personally o violent and dangerous
man or not, were they to consider his
character. 1t was the duty Of the pris.
oner 10 satisfy them thabthe killing was
not murder.
His Honor hero explained the kind of
doubt 10 which the prisoner would be
entitled, and in conclusion said 1t would |
be great misfortune If the Jury now |
disagree. Ordinarily twelve honest men
do, alter consideration, make up their
minds and agree. Where passion, preju. |
dice, obstinacy, or other motives arc
present, they do not. He made these re-
marks because the jury on the former
trial disagreed. The prisoner was either
guilty and should be convicted, or inno-
cent and should be acquitted. His Honor
did not anticipate disagreement in this
case.
The jury then retired.
LATER
The jury, after being out some few
hours, entered at about II o'clock, and |
rendered o verdict against the prisoner Of
murder In the first degree.
Judge BoardmAn deferred the sentence
until Monday,
The anticipation that the verdict would |
be given some time tonight in the Stokes
case created much interest in many places |
the city. It was hardly ex.
pected, however, the verdict would be |
reached so soon. During the latter days Of
the trial some apprehension was awaken |
ed among the friends OF the prisoner at
the pertinacitY and skill with which the |
testimony for the prosecution was inVolv.
ed; still q feeling existed among many
that conviction Of murder in the first de.
gree would not be found, and that If
there were no disagreement OF the jury
the verdict would be either justiiable
homicide or murder in the third degree.
The prisoners counsel will doubtless
now apply for a new trial, as they took
many exceptions Of the progress Of the
case on which they ground their applica-
tion.
The Jury came into court at III, hav-
ing been absent about three hours. There
was marked sensation In court at the
announcement OF the verdict. The pris-
oner turned ashy pale and his sister wept
aloud. Assistant District Attorney Fell
lows moved that the sentence Of the law
be promo ounced, but at the suggestion Of
Tremaine the Judge deferred pronounc-
ing the sentence until Monday. The jury
stood 10 for murder in the first degree,
and 9 for manslaughter in the third dc
gree.
From information derived In an inter
view with some Of Stokes lawyers it is
thought that no exceptions to the verdict
will be taken.
A1,,,Ie Rov PoI,ored ,o Death.