The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1873-01-09
The Stokes Trial.

4
inst. gives tho following account Of the
closing Of the Stokes trial:
There are great crowds around the
Court of Oyer and Tcrcmaincr to-d:y,
where Trcmaine is making the cOnclud-
ing portion Of his argument in defense
of Stokes. His animadversions upon
tho character Of Fisk were quite severe.
He claimed that the shootingOf Fisk by
Stokes, under even an apprehension OF
danger, if that apprehension was sincere,
was y justifable dlf.nse. After the ex-
hausti0n of the argument in which the
character of Fisk and witnesses for the
prosecution wcrc severely excoriated,
fremaine closed his effort for the
prisoner. There was great applause
from the audience upon the conclusion
of the address, which Was suppressed BY
the judge.
After a recess, Beach commenced his
reply for the prosecution, and for sever
al hours reviewed at length the testi-
mony of the principal witnesses. From
the story Of Stokes himself, the case
was not one of murder. StOkes's early
career aud the circumstances of the
murder were commented upon with &C.
verify. The question of premeditatiOn
Mr.. Beach submitted to the jury on the
broad principle whether, at the moment
of firing the fatal shot, the prisoner in
tended to kill Fisk.
When Beach had concluded, the judge
at once proceeded to deliver his charge.
After complimcnting the jury, counsel
and press for abstaining from criticisms
in tho case, he charged that all questions
were to be disrcgarded which bore upon
the character and habits or the social
surroundings of either the deceased or
the prisoner. The killing being Practi-
cally conceded, the question whether
that killing was crime. 1t was agreed
on both sides that killing was either
murder in the first degree, manslaughter
in the third degree or justi6able homi-
eide. To determine the point at issue it
was important to consider, whether there
were two pistols found and whether the
prisoner was acting in sclf.defcnsc.
He then explained the theory Of the
prosecution, that there was but one pis-
tol, and of the defense, that there wore
two. He intimated that the jury might
consider another theory, Wig: That the
pistol found BY the lad was dropped by
The prisoner, though this theory was ir-
rcconcilable with the testimony. No
enc testified to seeing pistol in Fisk's
hand, except the prisoner. The silence
of the prisoner when arrested did not
necessarily involve guilt II the jury
believed the prisoner fircd from the pre-
design 10 kill, they should find verdict
Of murder in the first degree, unless they
found . verdict Of mans!aughtcr in the
thirl, and on the latter point they were
10 considc. il there was q conflict and
whether the character Of Fisk was such
as from mcnaccs to lead to apprehcn-
sions of danger. On that point only
viz, whether the deceased was personal
| " violent and dangerous man or not,
were they to consider his character. 1t
was the duty Of the prisoner to satisfy
them that the killing was not murder.
His honor then explained the kind
of doubt 10 which the prisoner would
be entitled, and in conclusion said il
would be . great misfortune If the jury
now disagreed. Ordinarily, twelve hon.
est, intelligent men do after considera-
ton make up their minds and agree,
where passion, prejudice, obs,inacy
or other motives arc present they
do not. lie male these remarks
because the jury Of the former
trial Disagreed. The prisoner was eth
er guilty and should be convicted, or in.
nocent and should be acquitted. His
honor did not anticipate . disagreement,
in the case.
The jury then retired.
The jury, Alter being ont about three
hours, entcred nj about ll.30 o'clock
and rendered verdict against the pms
oner Of murder in tn 6rss degree
Judge Boardmaa deferred sentence Ill
Monday. The anticipation thas yer
diet would be rendered sometime TO
night created mach interest IN many
PLACES in the city. twas hardly expect
| ed, however, that the verdict vosld b
: reached % soon. Daring shs latter Day
lot Tie trial, soos aPPesAsesise "
avaksaed ansag TIE frisads Of ~
-lprisoues b ~ psrtinaeity ard slil
viii vhSck ~ teGfiOooy l0g To pruG