The New York herald., 1873-10-15
THE STOKES TRIAL.
Another Day Spent in Obtaining Jury-rwelvs
Men sworn-Judge Davis 'Remarks-The Trial
To Be Regularly Opened This Morning.

In the Stokes Fisk homicide was at last brought to
the long desired result Twelve 'good men and
true" were sworn, whose names are given below.
1t was then quarter past three O'CLOCK too late
for the District Attorney to commence the real
business OF the trial. the opening for the prosecu-
tion The names OF absent jurors were called, ana
it is understood that fines Will be imposed upon
those who, being summoned, failed to answer TO
their names.
AS usual the prisoner was attended by his
father mother, sister and brother and other friends
who are anxiousy awaiting the result OF this the
third trial OF Stokes. The attendance not very
large during the day, the slow progress made day
| after day In swearing In jury, with the unln-
rerestng series OF questions and answers touchlng
the availability OF jurors to sit and 'truly try and
| true delverance make" having become more
| tedious than thrce-told tale. Considerable stir
| was however, manifest among the audience when
| the twelfth man was accepted and sworn. 1t came
this that Stokes was again on trial for his life
and that upon the verdict OF the twelve men In the
| jury box that life depended.
| Judge Davis addressed the jury. He permitted
them to separate for the night each attended to his
home by deputy marshal but stated that from the
regular opening OF the trial to the close and until
| they mad agreed upon verdict or had agreed to
| disagree, he would hold them together In the
| custody OF proper officers. He cautioned them to
| hold no converse outside OF the court room or
with other than themselves till finally discharged.
! The Court then adjourned till this morning, at
| half-past ten O'Clock.
JURORS CALLED AND EXAMINED.
| At the opening OF the Court Judge Davis ex-
| pressed wish tnat counsel go on with as much
expedition as possible, to which Mr.. Tremain re-
| piled that that their wish as there was
AS each juror was called Mr.. Tremain contented
ha hnA fnrft, dad
opinion; II the answer was in the affirmative,
the District Attorney was equally brief, so that
those called were generally dismissed In quick
THE TENTH JUROR.
| Henry Jasper retail grocer, the eighth examined
| had not formed or expressed any opinion and was
| quickly accepted as the tenth juror.
THE ELEVENTH JUROR.
Robert Porter, secretary OF pocketbook makers
association, OF No. 761 avenue G, though he had
some opinions, was accepted and sworn In as the
AT one O'Clock the Court took O recess
After recess there still remained staring Judge,
counsel, Stokes and everybody else In the lace the
one empty seat In the jury box. variety OF sur
wagered as to the length Of time it would require
gress of these preliminary proceedings there GER
tainly has not been more vigilant and earnest en-
deavor to arrive ut this allimportant goal in the
| case. The questions which long before had be-
| come reduced to regular formula were
put to the summoned s' Jurors as one ao,atn after
room with rapidity at times that seemed almost
| trining with the deep gravity OF the issues in
/ who were examined. Most were set aside, IN
| the examinations OF those preceding them, on ac-
count or the formation OF decisive opinions blasting
them SO strongly against the prisoner that it
| would be impossible for them to enter the jury
box with presumption in favor OF the prisoners
| innocence. Many had said Stokes ought to be
hung, and were set aside. few had scrupes on
the subject Q, capital punishment, and OF course
were not eligible as Jurors. At length man was
found who passed muster.
TWELFTH JUROR.
Broadway. When the counsel for Stokes said, 1--WE
accept him. and when Judge BAY Days said said
breath. The agony was over, and all felt relieved
the twelfth juror at once took his seat.
| 1t was quarter past three O'Clock when the last
| Juror was obtained; too late OF course, for the
counsel and everybody else were already pretty
wen fatigued with their days work. But little re-
maned TO be done, and this was quickly done.
/ The names OF the remaining summoned jurors were
called to see upon whom to impose fines for non
jurors on both sides, were summoned to be In at
tendance at the opening Of the Court this morning.
The object of summ0ning the jurors to be present
was said to be TO meet the contingency OF failure
Of any OF the accepted jurors to be able to sit on
the jury.
Judge Davis briefly addressed the jurors he
each attended by BY an ocer, @ but % after this should
keep them together until the close Of the trial. He
enforced upon them the necessity OF refraining
ecs @ Of sns trial lie 0as ss,d 0a that A It SU Was
o gross improperly to talk upon
the subject alter one had been summoned as
Juror but after they had been sworn in as jurors
to indulge in any such conversation was q criminal
offence. The orlcers with them were not to talk
with them about the case. Many oficers think 1t
is their privilege to do this, but he asked one and
all to report any olcer who should do this, and he
would not spare him, but give him the fullest
penalty OF the law.
At the conclusion OF the Judges remarks the
Court adjourned till halfpast ten O'Clock this morn
ing. The two deputy sherins having Stokes in
charge took him TO his quarters in the Tombs, and
in few minutes the court was emptied OF the
large crowd that had filed 1t to overnowing
The following are the names OF the jury as oom-
pleted Thomas White Bartholomew, engineer,
No. 439 East Fifty-seventh street: Joseph Hauch,
provisions, No. 32 Avenue A; Edward Stanley Cal
houn, harness dealer, No. 362 Broadway; Jacob
Metz, clothing, No. SO Reade street; Charles G.
Peters, clerk, No. 80 New street; Joseph 3. Wins
ton. coflns, No. 2S6 Bowery; Horatio N. Gray,
broker, No. 146 East Eighty-seventh street; James
D. Center, wines. No. 42s Broadway; John Grossly,
Jr., carpets, No. 234 Broadway; Henry Jasper,
grocer, No. "a Henry street; Robert Porter, pocket
book manufacturer No. Ill Nassau street. and VIM.
8. Sanford, living No. 1,24l Broadway.