New-York tribune., 1873-05-08
HOW T9r NEWS WAS RECEIVED.

A few moments before noon. Messrs Town
send and theTOmbs 10 inform Stokes
Of the denial Of the motion for new trial. Warden
Johnson summoned Stokes TO the audenceroOm on the
first floor the entrance 70 the prison. where he met
his visitors alone. The prisoner stepped Drsky into the
apartment and sauting his counsel with CHEEKY voice
asked for the news Returning the alutaton Mr. Dos Pas
sos promptly and briefly told him Of the adverse decision
Stokes without visible manifestation Of surprise or
disappointment replied Wen, it makes no difference;
IL Is only what | expected. We shall have something
different from the Court OF Appeals" After brief
private consultation the counsel withirew and Stokes.
having bade them adeu, returned 70 his cell.
Before the visit OF his counsel and while wholly un-
aware Of the decision, Stokes remarked carelessy.
during casual conversation on subject that he
pected an unfavorbe response to the application He
expressed an abiding faith that the Court of Appeals
would graut him trial without hesitation during
the day he was visited by his father.
A TRIBUNE reporter called yesterday GU John ID.
Townsend who was formerly employed in the case for
the defense but who retired six weeks Mr.. Town
send said that had retired from the case he had no
immediate knowledge OF IL.
Reporter--Do you think that there is probability of
an appeal TO the Court OF Appeals for new trial Of the
Mr. T,wnsend-I believe that Mr. Stokes is entitled TO
new trial tnat when the Court Of Appeals reviews
the case a trial will be granted nan look upon
one of the exceptions taken upon the trial 10 the eX
eusion OF certain evidence as one OF the strongest points
in his case and think tnat on that gfOunu aOlc ne
ought 10 have new trial Judge boaruhan eAyI9tcu ECU
an the trial the evidence thai Stokes followed by
rough looking people. whom he, stokes, believed % be
the emissares Fisk also, the evidence that he TOOK
carnage and at different times avoided or enuedVoeu
70 aVOld them. apparently through lear. Such eN-
dence was admitted by Judge Ingraham on the hrst
trial Judge Buardman also charged the jury very
prOpery that they should consider the state OF the MIND
Of the the time OF his meeting win FISK t
the Grand Central Hotel prior 70 the shooting IL would
seem unfair tO ask Jury determine the state OF "A
mans mind and the same time To exclude matters
which show the condition OF MS minds ana never
could see that Judge BOardman IN any Subsequent part
OF ms charge remeded the further believe that
the Doint upOn whicn Judge Davis granted stay OF
proceedings good point. There are Other points
10 the which have been considered DY counsel as
being good, not having had the matter IN my nhd
for time. unable 10 give lts precise CHARACTER
have DO doubt that the next move Will De TO Obtain an
other stav in order 70 carry the ease 10
tine Court Of Appeals. 1t mgut De
made special case and come mp " ius
preseut sitting such speedy action however, would De
very unusual but II it adopted, nnal determination
might be had very quickly There has been so much ex
citement growing OF the acs; first that II was
Fisk who killed; aud second that STOKES WHO COM
mitted the act respectable and wealthy family
Stokes has had contend against tnan any person
ever before put trial Since Foster was hanged many
people argued that Stokes ought 10 be hanged asO
the opinion Of the masses bas Deen against hlm OW
ing his wealthy connections. IL rs Impossible LOT any
one predict the conclusion. have no Information a.
what propose 90 DO ana therefore can say
nothing positively that point. one thing, however
certan hurry the before the prescn nt term
OF the Court Of Appeals decision OF the Gen
eral Term fairly cool, will Dc anon aOus ana, IN my
ouniOn wrong Since Judge Davis considered tle case
OF sufficient importance 70 be heard IN the General
will grant stay OF proceedings. II the case taxes lts
natural without any unusual haste, 10 Will come
up al the sitting OF the Court OF Appeals, which
viii be next December.