Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1873-01-10

THE TRIAL VERDICT OF MURDER IN TIE
FIRST DECREE.
On Saturday the fourteenth and last day
Of the trial Of Stokes, Mr. Tremain finished
his summing up for the defense II about l
O'Clock Mr. Beach followed for the prose
cution, concluding at 81 After short
recess, Judge Boardman charged tine jury
with great care. his address continuing for
more than an hour. IL viii be remembered
that elaborate efforts were made By the
defense to prove that Fisk drew pistol on
seeing Stokes, and that the latter shot him
in self defense. On this point the Judge said.
Gentlemen, it is for You to decide on the
main testimony whether two pistols were
| found. You will recollect that no one saw
| the pistol in Stokes hands Except the
evidence Of the prisoner himself. all the
other evidence shows thac this pistol
wherever seen was in the hands Of others.
| If the evidence Of the prisoner iSt0 be believ
ed the theory Is 0verthr0wn that would es-
tablish the assumed fact that there We're two
pistols, one Of which was IN the hands of
! Fisk
To this exten. the charge was against the
prisoner
The jury were out three hours, coming
into court az quarter past eleven in theeyen-
ing. The court room had been crowded
all day with an excited audience, and 4
number remained waiting for the verdict.
\ little after eleven the lawyers came in.
then the prisoner, with his face fixed and
pale, and surrounded by his father. brother
and sister. Then the jury -Olemnly and
silently came in. and took their seats. ca
gerly watched by the prisoner and the
breathleSsly silent spectators. The clerk
rose, called their names. 10 which they an
swered, and asked, &" Gentlemen, have you
agreed upon verdict" The foreman
answered, We have The prisoner was
then told to stand up, and the jury rose.
The clerk asked the usual formal questions.
- Prisoner, look upon the jury. Jury.
look upon the prisoner Stokes did -
with an immoyable face. &c Gentlemen Of
the jury. how say You DO you find Edward
; Stokes, the prisoner at the bar. guilty OF
not guilty.
The foreman Guilty of murder in the
first degree"
The words were followed hya loud scream
from the sister of Stokes. who fell forward
IN a torrent Of weeping on the shoulder of
her brother. Horace Stokes cried c0nvul-
siyely, and all the friends Of the unhappy
man crowded about him. terribly affected
He bore the ordeal with t0lcrable calmness.
The jury We're polled, and each one sepa-
rately recorded his verdict
Stokes then broke silence for the first /
time, as he turned on Mr. Beach, and said |
deliberately but with intense feeling
well. Mr. Beach, | must say you have |
done your work well. hope you have |
been well paid for it" Then Stokes 81 |
down. Mr.. Beach did not reply but his face |
was turned away from the prisoner.
Mr.. Fellows, the Acting District-A tt0r- |
ney, rose, and asked that sentence be passed |
upon the prisoner.
Lyman Tremain. who had been sitting /
by table with his head bowed in his hand. |
said ''Nour Honor, hope YOU will not |
think it necessary to pas sentence at this
late hour of the night
Judge Boardman-l see no absolute ne
cessity for passing sentence tonight. |
will therefore defer sentence until Monday
m1rning.
Bisrict-Attorney Fellows then adore s,ed
the court in an explanatory manner. and
stated that Messrs. Beach and Fullerton had
not been employed by Mr.. Fisk's family,
and that they had been employed By the
county TO assist in the prosecution.
Stokes (rislng suddenly and interrup,ing) !
Mr.. Fellows, state that they We're hired
by Jay Could. Please state that.
The court then discharged the jury Then
he audience began to move Again as
stokes stood up to leave the court he spoke
utterly to Mr.. Beach
- Mr. Beach, YOU should De well satisfied
With your work, and hope Won are salts
led, for You did it well. "
Mr. Beach (excitedly)-No. Mr.. stokes.
am not satisfied with my work.
Again addressing a iuryman. who had
ust informed Mr.. 1remain that they stood
t hrSt ten for CONVICTION to two for acquit-
al, Stokes s.id
Why, | am sure there is not one man of
he twelve believed in his heart what he
aid or did. | know how it is Everyone |
as been humbugged By false aud periured
bought and paid for That j.
he truth, 50 help me God at this solemn
iOment.
Here DiStrict-Attorney Fellows came for
ard and said Ed. hope YOU have no
ard feelings against me; | did only my
uty, and did not try o. exceed it, as God ,
lade me. Mr.. Fellows was weeping at
lis moment, and every person in court was Y
rushing and pushing right and left Col.
elbows, as he made his last remark, offered I
Is hand TO Stokes, who refused it and said !
" All right, Fellows. hear all You say. t
nd suppose you think it, all right but I
verdict given on periured testimony is a (
llainy that no one will countenance- I
ever, never 50 long a. the world stands" I
Here the court was cleared by the police /
en-. r