New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-16
THIRD TRIAL or Z. S. STOKES.
TESTIMONY or c. s. HILL FRANKLIN CURTIS, AM
THE TWO HARTs.

TESTIMONY or G. s. HILL FRANKLIN CURTIS, AM
THE TWO HARTs.
The TRIAL Of f.. s. Stokes jr., the murderer
o. Col FISK Was resumed before Judge Davis. III the
oyer and Terminer Court yesterday. The court was
crowded as usual and there several ladies among
the audience. District-Attorney Phelps and Mr.. Rus
sell Assistant Distrct-Attorncy, conduct the prosecu
tion and private counsel associated with them
as heretofore. Messrs Treman, Dos PassOs, ana Brain
ard are counsel for the prisoner Mr. Russell, in dey
erng the opening address Tor the People, spoke OF
the interest felt in the trial throughout the country
The theory OF the prosecution he said' was that the
prisoner, after violating the law now dedes il. This
theory was based upon the circumstances connected
with the shooting and the history Of the previous trials
The theory OF the defense was that the shooting was
done IN seli-defense. and that Col Fisk died az the
hands OF his ply scans and not by the bullet OF an as
sassin The counsel asked for such calm and resolute
Judgment on the part Of the jury would satisfy the
public that the be enforced and honest Jurors
are 10 be had In our courts.
The frs. witness called was Charles G. HILL lumber
merchant from West Troy. who guest at the Grand
Central at the time Of the shooting He testified as on the
former trial. that after hearing two shots he saw Stokes
t the door Of tine reception room making motion WIN
his right hand il throwing something inside They met
in the hall and witness asked WHAT uPl 10 Mnlcl'
stokes cred, "a man l. shot, hearing gToan he
witness hurried the head OF the private stairs aud on
the landing halfway down saw Col. Fisk leaning
ou the left side OF The stairs Just thtn some one Dchd
witness cried ont " that man Just passed you is the
man that shot him.. lie thereupOn ran Oack after hln
ana met him coming back ia custody. On cross eNamu.
anon by Nr TrcmaI the witness said that he did not
see young Hart else, In rue nan at tue tme OF
the shooting aud that II one else had Oeen thefe ne
would have him He saw no one near the mead OF
the staircase and he ~ convinced That neither me
prisoner else could nave gone INTO room No
lO1, the room opposite No. ~ . -
The next witness Franklin Curtis, VINO was also
a guest nc the hotel. lie testified that he heard the
hot hurried 10 tho head OF the stairs, ana saw Col
FISK MALT way up Col Fisk taken up the stairs by
number Of persons whom witness saw on me stars
and was placed by them on lounge in room No az [;
when the prisoner was taken into the room the pOhc0
officer asked the wounded man II he knew that man,
and Col. Fisk said Yes, that's the mln; take MN
away" The witness was questioned at great lehgtn
about the part young Morse TOOK In undressing FISK ana
The plumber OF tunes DR.. Trpier prObed the wound.
Patrick Hart one o. hall boys. testified that about
O'Clock Jan G. 1871, while near the ladies staircase
he heard two shots IN rapid succession In the nall NE
ran 10 head OF the stairs. saw FISK leaning Oh tue
left RAJ ana went down 10 assist him up just az they
o 10 the head the stairs Nix Curtis arrived and a.
sisted Col Fisk 10 the receponroom rus Witness did
not see the prisoner IN the hotel that day.
Thomas Hart, who doOrnan at the ladies' en-
trance testified that he went ON duty about 4
o'clock on the dav in question when Col FISK came IN
Flax smoke to "A hey n1ued John T. Redmond, who was
cleaning the inside, door, anu then went up stairs fol-
lowed by Redmond; the next thlng witness saw
was Stokes coming along the hall, near room
Ne 2T, in "A STOPPING attitude; when Stokes
arrived at the head of the stairs, he sad NOW nave
GOT YOU" aud something else which the witness dld NOT
hear distinctly Stokes fred and Fisk staggered back
and n the second shot being fired by stokes FISK cried
Stokes said 10 witness There is man shot; 10 which
witness replied Yes and you are the man that shot
hun" 1bs witness was severely crOsstAdmlbeu Oy MI
TreInaln. The case will be resumed today.