, 1873-06-13
=
STOKES.
E1oW He Recolvcd tho News OF Ills
'lBclmE Gsrnntcfi a Now Tranl.-What
His .CO{luRct Bavss -

decision OF tho Supreme Court In tho case OF tho
prisonor now trial. TIo ] decision @ wss grounded
On Ayc pointa of TIM appeal rs to errors tn the
chRr8o, aud. rulinKs from tho. Supreme Court
nonch; Judges Grover md hsppallo both Do
by private telegram, md waa. conveyed 70
tho prisoner BY Warden Johnson and
visitor et' hs1f-past Il; ;;By thet time
!; and .was aying. .ovot tho city. stokost
at tho time Of receiving tho nows, Sa8 converting
with Ills fathor, who had paid him an carly Viait
Thero; was somo doubt Of tho truth Of tho report
at first, as It was in adynncc Of anr of}cinl news
self, though claiming to bo. IN daily expectation
OF such decision, was unwilling to trust 1t at
first. '"Ara you sure 2" said ho to his informant,
vory seriously and with little apparent emotion:
warmly embraced his son.. Btokoe finally yielded
and soomed to accopt tho ncws. It WAS what he
had boon expecting. Hia lawyers had hold out
TO him the strongest hopes ot . new trial end tho
He considered 1t probable that ho might
DO now released On bail and get Q
breath OF fresh air after his two years.
i1npriaopmont. Ho had not thought tho court
oiaion, but was aure Of THO ultimate result. A.
the news spread through tho CITY, crowds Of bis
acquaintance visited the Tombs and gained ad-
mission to tho oounsels' room. Stokes gladly
hut quietly received thotr congratulations. Mr.
Dos fasaon, one Of his counsel, reooived unoni-
otal intimation Of tho nows soon after its arrival
while in tho United gsatea Court buildings, and
Immediately communicated 1t to several gentle-
mon present. To 1awyera quite generally tue
eyent vas surprise, and tho betting, which at;
also boon with odds againat tho prisoner.
Afr. Dos pasRos, confident In tho correct
neaa Of tho report, sent Immediately dispatch
to Lyman Trenain, his aaaoctate counsel, who ia
Lat f%oIF u HIN +s,f 10
! decided, ia Stokes to havo now trlal?' Pond
ing the auRwer, ha forthwith visited the Toulha,
| and was warmly roceived by 9tokc1 and bis fifth
| or. 0thor frendB Of tho prisonor were in tho
his vito. seannon seemed to partake heartily in
tho cheorfulness Of the OCCASION. and to draw
from it much encouragement. The nows had
the aamo effeot all through murderora' row, as It
! was communicated BY tho kocpers or tho rc-
himself opening in this sudden aud unexpected
revision Of a decision By the highor court. With
hIr. Dos PasBoa 5tokos at onco entored into
conversation upon his prospects,. He Wieh-
b s9gis 9ss9 to trial b Or 9eoaioa M hs59 bs
7 His counsel made him no promises
oponly on either point, assuring him only Of a
certain acquittal when the trial should como.
Soon after noon, Horace Stokes, tho prisoners
the room, and another season Of congratulations
followed. n1r. Dos Pasaoa' oyidont conviction ol
the truth Of the runor confirmed by prosa d1a;
patches to ,. The atterneoa paners removed al
this Stokes, at his own request, was removed to
] his cell, aud refused to acc any but his counao]
and rolativos. Mr. Dos Paesos and his attorney,
/ Mr.. Brainord, had long private conversation
i public. Tho priaoner whs looking yesterday
i very much aB on the day Of his sentence, Ii
perfoct health and less. oxcited ovor whit
was passing than, any Of those around him.
At hs1f-past 2 his counsel loft him. With this
1 gentleman the writer Ind oonveIHatfon at his
ofioo, In which Was aaked q question about the
i prospects for tho coming trial.
" Prospects Thoy are porfeot, sir. 1never
had clearer case upon my handa. Tho grounds
OF public opinion ;wero all faulty at the outset,
but there came m Immense change. The firsi
opinions, which became laating. we're based on
the newspaper accounts Of the shooting OF Fisk
printed the day after tho fact. These wore false
1d s1d Ss stsaa 9ys %o d. ag5s % spd 9Ssa
with tho design OF killing Fisk. In tho coming
trial we shall establish by mass OF ulquestion-
able evidence, beyond q reasonable doubt, thai
Stokes had no intent vhatever in Waiting the
pntting StoHea in the hotel: That point cannot
so bohind. When tho public Ia able to realizf
that fact, as 1t must. why ITO hayo nothing te
do. But heretofore tho caao has been persat
emily conducted on the theory Of d dosign, ami
tho whole public sentiment hns boon owing *
that fact" There Was great change Of opinion
at the second trial, and ne expect q total rovul
sion In our favor whom tho case shall bo right.
understood"
"Who will conduct tho defense z"
"Iho same counsei-Mr. Tromain and my
solf."
!. "Do you expect an oarly trial?" .
Hardly boforo no1t fall. It will, OF course
DO in Oyer and Terfniner." 80
"Wil Stokoa be admitted to bail mean
while7"
~ am not prepared to speak on that poin
yet. oannot sav Whethor such D motion vii
be made. Tho decision Of tho Court OF Appeal
is based on tho very points Wo depended on ant
could hardly hayo bcen othor than What 1t was
At tho now trial We shall drop much Of tho ole
testimony, Introduce much that waB excluded
under errors in ruling, and bring forward mast
Of fresh facts, aomo Of which camo into on
possession almost Immediately aftor the sen
tonoe and all Of which, oven it taken alone
must secure an aoquittal. There Is no 1enson t,
foar tho result OF this trial."
1t this moment a messenger entered with Mr.
TremafnH reply to his associates questions, tol
egrhphed to Albany In tho morning. tread:
"Yos. Court unanimous. L. TREs1A1N."
Tho 1ndtnn T7onrd.-A Kcligi0u
| SfFifGs