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

uANSI, AUGHTFR IN THE THIRD DEUhEE'
,,o>c, rs,oU or MIR. rHRIPss ADDBEss-A CLEAR
pxpos1TIoS OF DUTY BY THE JUDGE-ThE IN
s.Nrry THEORY PRACTICALLY WORTHLESS
Stokes RESPONSIBLE UNLESS THE MEDICAL
Tpv,r,rvNr WAS THE SOLE CAUSE OF DEATH
Mr.. TREMAIN ExCEPTs TO THE CHARGER
Yesterday was an anxious day for Stokes and bis
friends. for it was crowded with the momentous
events which attend the last day OF trial III eaplta
case. MI Phelps the DistriCt-Attcrney, concluded,
before recess. his exhaustive address on behalf OF
fhe people, in which he reviewed at length
the history of the circumstances leading
60 the commission of the crime, and pre-
scented with considerable satisfaction a compar-
son between the witnesses of the defense ana
those called by the prosecution, notably IhoinaS
Hart who was the subject Of such scathing demurrer
alton by Mr.. Tremain, and whom it was sought 10
impeach by the testimony Of such men as OloSoy
alias Brennan, and Patrick Logan the dlScnageu
policeman During Mr. Phelpss address stokes s'C
with his head bent down and supported Oy Ills ils"V
hand his ewes downcast, and his person parity con-
..olod l, Tho bur1v form Of his defender, Mr.. Ire
main This has been bis favorite posture duTng the
trial and the expression Of nervous care, when ap-
roas IN his face and in the contraction OF his 0roWs
i babitual and very marked. he occasionally las
tened his eyes upon the District-Attorney, leaned
further forward and made to his own counsel some
,bis,ercJ hut emphatic suggestion Of incoUectness
ON the part Of tho prosecuting attorney; at other
tnes he would smile at some position conjecture
If the counsel in regard to what must have been the
trne theory: then the expression would be replaced
by che same old look of disappointed hope, as II
levity had no place in his features and unhappness
was his only realization.
Judge Daviss charge, which began athalf past one
occupied two hours and half in delivery, and was
evidently of the most deliberate careful and
precise attention in preparation Among the more
notable features Of ii was the practical annihlaton
Of the insanity theory Of the defense, which the
Judge stated he felt justified in saying was very mea-
eerly supported He said men had been doubtless ac-
Quilted in that very court room because at the very
moment their crime was committed they had bee1
transported into such rage as to be incapable oil
governing themselves, and through some unknown,
uncomfortable impulse were driven on to the com
mission of the ofense The idea that such species
Of insanity existed in law as defense
WAS a false notion In reference to what
may be styled TIE morphine theory
.Judce Davis was very explicit. He said
that although the wound not necessarily fatal,
and the medical treatment might by honest mistake
have brought about fatal result by reason OF Its
exaccerating some Of the consequences OF the
wound vet the law holds the person who inflicted
the wound with criminal intent and participated in
producing the death responsible and he cannot es-
cape the consequences Of his act To be acquitted
the prisoner must show that the doctors killed the
man and that the wound did not contribute to the
death. This was regarded as was, indeed, the whole
charge. as very unfavOrable to the prisoner, and
much comment was passed. After Mr.. Tremaln had
taken the usual exceptions to it the jury passed out
and the waiting for the verdict began.
The iury rendered a verdict after II o'clock Of
mansllughter in the third degree.