, 1873-01-05
Fisk's Assassin Found Guilty Of
Murder in the First =:
Degree.
Arguments for the Prosecu-
ton and Defence.
The Judges Charge to the Jury.

I interest in tho case is reawnkened. Lyman Tre
mh:ne's argument for the defence has been q lont
and powerful effort, seeking to provo that Stoke
shot in self-defence, and is blamelesy. TIL
prosecution in opening, to-day, insisted tha
the murder was premeditated for ut least ont
yesr.: Those who havo followed the trial mes
close]y anticipate verdict OF either murder il
tho second degree. Or another disagreement.
/ ITO the Associat<d Pressl -.
FOR TIE Defence.
| 1 Great crowds .gathered around the Court o1
| Oyer and Terminer to-day when Nr. Tremaino
WAS making the concluding portion of Ills arg,l-
meut in defence Of Stokes. lie was very seyere
upon the boy Hart, alleging that he was por-
| juror, and his animadyersions upon tho character
Of Fisk were quito bitter. He claimed TINT the
! shooting Of Fisk by Stokes, under even IN ap-
| prehousion Of danger, if that apprehension WAS
sincore; IVES justiGnble defence. After an
| exhaustive argument, in which the character OF
! were severely e1coriated, Mr. Tremaine closed
| Lis effort for the prisoner at o'clock. There
| Was great applause from tho audience upon. tho
! conclusion Of tho address, which WAS suppressed
BY tho Judge.
Fon tue PROSECUTION.
] After recess, Mr.. Beach commenced the reply
for the prosecution, and spoke several hours.
He reviewed at longth the testimony OF the prin-
cipal Witnesses, and called upon tho jury to
! judge whether, from the story Of Stokes him
self, the caao was not one Of murder. Stokes
carly career, aud the circumstances Of Lis
murder were commented upon with severity. On
the question OF preneditation, Nr. Bench aub-
mittsd to the jury on t1o broad principle,
whether, at tho moment OF firing the fatal shot,
the prisoner intended to kill
THE CHARGE:
l. When Mr.. Beach had concluded the Judge at
once proceeded to deliver lis charge. Aftercom-
plimenting the jury, coun6el, and press for alb
staining from criticisms in the case, ho charged:
That all nreHfjop9 tn bA discarded which
bore upon the character and habits, or social
surroundings Of either tho deceased or the
prisoner. the killing being practically conced-
ed the question was, whether that killing was
killing was either murder in tho first degree,
manslauglter in tho third degree, OF justitiable
homicide. To determine the point at issue, it
was important 10 consider: we're thore two pis-
tols found, and whether the prisoner was
planned tho theory Of the prosecution
that there was but one pistol, and OF the defence
that there were two. Ho intinatcd that the
jury might consider another theory, VIZ, that
the pistol found by tue lad Was dropped by tho
with tho testimony. No one teafi1es to seeing
c pistol in Fisk's hands except the prisoner. Tie
ailenco Of the prisoner when arrested didn't
necessarily involve guilt. th9 juty believed Nsl
find verdict of 1uurdo in the
hrst degree unless they found verdict OF
manHlaughter in the third On the latter point,
they we're to consider If there Was 3 conflict, and
whether the character Of Fish was such, as from
monaces to lead to apprehension OF danger. On
that point only, VIZ, whether deceased was per-
sonalfy violent and dangerous man OF not,
wero they to consider his character It was the
duty Of the prisoner to satisfy them that the
His Honor then explained the kind Of doubt
to which the prisoner would be entitled,
and in conclusion said it would be .
great misfortune i the Jury POW DISAGREED.
after consideration. make up their minds an1
agree,-where passion, prejudice, OF obstinacy,
or other motives gro present they do not. He
made these remarks because tho jury on the
former trial disagreed Tho prisoner was either
guilty, and should bo convicted: or innocent,
and acquitted His Honor did not anticipate q
disagreement in tlis case.
The jury then retired.
TIE VERDICT.
The Jury in the Stokes case, after being out
come few hours entered at II o'clock, and rem
dered verdict against the prisoner Of murder in
the first degree.
Judge Boardman deferred sentence until Mon
day.
PUBLIC SENTIMENT
THE anticipation that tho verdict would bo
given some time tonight in the Stokes case
created much interest in many places through
ont the city. 1t was hardly expected. however,
that the verdict would be reached SO soon.
During the latter days Of the trial, somo ap-
prahension was awakened among tho friends
Of tho prisoner at tho pertinacity and !
skill with which tho testimony for the prose-
cution WAS evolved. Still feeling existed among
many that conviction OF murder in the first !
'degroe would. not be found, and that il there
were no disagreements Of tho jury, the verdict |
would be either justifaLls homicide Or man.
slaughter in tho th ird degree.
PROBABLE MOTION Fon NEW TRIAL.
The prisoners counsel will, doubtle*B, now |
apply for new trial, as they took many cxcep-
tions in the progress OF the case On which they !
can ground their application.
LATER.
The jury came into Court at 11:12, having been |
absent about three hours. There Nas marked ]
sensation in Court at the announcement Q: the |
verdict. !
THE PRISONER
turned asiiy pale, and Ills sister wept aloud. |
Assistant District Attorney Fellows moved tEat |
the sentence Of tha1aw be pronounced, but. at !
the suggestion Of Mr. Tremaine, the Judge de- !
ferred pushing the eenteuce until Monday. .
THE JUnT,
it transplred, on retiring, stood 10 TOR murder !
in tho first degree, end 2formanslaughter in the
third degree.
:' THE VERDICT ACCEPTED.
From information derived in nn interview With !
some Of the lawyers OF Stokes, it is thought that
no exceptions to tho verdict will be taken.