The New York herald., 1873-10-26

swore ne had been introduced TO Stokes and the
lateral and not competent, the prisoner testined
that the Introduction might have taken place.
The evidence was rejected.
OBJECTIONS RAISED TO STOKES TESTIMONY.
The District Attorney ar this time onered to put
In the evidence OF the prisoner on the iast tra 70
which it would appear that the prisoner did not
swear that he exclaimed upon seeing Fisk, "D0n't
shoot,n or anything OF the kind.
Mr. Tremain objected and said ne did swear 70
that exclamation, whether It appeared in the book
or not.
Mr.. Phelps said ne would try to accommodate the
counsel by reading from folio 1872 to l99 from the
prisoners testimony on the second trial.
The Court ruled that that was already In the case
The point was finally settled by an agreement to
call the reporter with his notes and put MIN on tho
me District Attorney next offered to put IN
evidence the statement made to the Coroner IN
the station house on the night OF the shooting by
Thomas Hart.
The deposition was offered to contradict the
statement OF the defence that undue influence had
induced I Thomas Hart to testify as ne dld He Of.
Tered IT TO show that Hart made substantially the
same statement on the very evening OF the homl-
eide that nat he made subsequently, In Court. -,
seven O'Clock that night, and that Judge Board
man had ruled the deposition out the last trial.
Left undecided for the present.
Recorder Hackett recalled-Recollected walk
Ing up town on the afternoon OF the
his tailor under the Grand Central Hotel; saw the
prisoner standing at the curbstone as if antcipat-
did not answer me; knew him very well and
said, "Hilloa, Stokes" but he did not notice me.
The defence objected, but their objection was
0verruled. II
Witness-I then passed into the tailor store
The prosecution then ofrered to dress an oficer
in the clothes OF FISK for the purpose OF more
readily showing the Jury the course 1T S 81 tns ace ~ &
Cunard line was produced by the defence 70 iden-
1 the v sps y Ss register 81 one q sr Sne sailed
for Europe under the names OF Eoward ana Minnie
the book was excluded.
ADDITIONAL TESTIMONY FOR THE DEFENCE.
George N. Gorcher called for the prisoner-Knew
Fisk and recollected seeing him IN the opera
District Attorney-One moment.
Counsel-We have learned since the close of the
defence that this witness saw Fisk on one OCCASION
| draw from his pocket at the Grand Opera House q
| pistol, which he dropped on the noor.
NEW sENsArIoN-rHE CASE OF THE PROSECUTION
| The ofncer Patrick Hughes who is nearly OF the
| same size as Fisk, now entered with the clothes
i Mr. Tremain-Stay back there. To the Court-n
| your Honor is going to allow that man to come on
the stand with that cloak on Pm going to take
punched through it to suit themselves. ''''-
taken.
Thomas NJ. Smith was recalled by Mr. Tremain,
| and asked II any person was with MIN when he
walked up Broadway, and he replied 'Yes," one
PATRICK HUGHES AGAIN
The Court oricer, Patrick Hughes, attred in the
outer and under coat OF Colonel Fisk and also the
| vest, took the stand.
The junior counsel for the defence objected to
the exhibition on the ground that 1t would be mere
speculation, and that the admission of the cloak
was illegal. 1t would be monstrous TO allow any
man to he convicted such evidence. There was
nothing to show that the cloak was In the same
condition as when the shooting occurred. 1t had
been in the charge Of people enemies to the pris-
Oner.
Mr.. Tremain made six distinct objections to the
display all OF which were overruled and excep-
|
Hughes standing up with the coat closed, while
the District Attorney passed small piece OF cane
through the orifce showing the course the bullet
took through the folds Of the CLOAK. The defence
afterwards took care OF the witness and made
some further illustrations.
When this part of the case had been finished,
Assistant District Attorney Russell announced
| that the prosecution would rest.
FURTHER TESTIMONY FOR THE DEFENCE
The defence called John D. Townsend, counsel
that he was present during the whole OF the last
trial and he remembered distinctly the prisoner
'.Dont fire |" when he met Fisk.
The witness Stobo recalled.
O. Do you know Recorder Hackett by sight or
pers0nalys A. No, sir
Q. Did any body speak to Stokes from the time you
saw him cross the street until the time he entered
Edward G. Haight, sworn-was in company with
Mr. Smith on the day OF the shooting, walking up
| Broadway; saw Fisk's carriage; it was not driven
up quite close to the curb Fisk got out and en-
! tered the ladies' entrance, standing little
ing there and did not know about any being
shot until some one came running out OF the main
entrance-not the ladies' entrance; Fisk came to
the outer door; heard no pistol shot; Smith was
standing along side OF me all this time.
THE PRISONER RECALLED.
Edward s. Stokes, recailed-I used the ex.
preston Don't fire'' or Don't shootu The last
trial; have known Recorder Hackett for some
years; didn't hear him speak to me- nor did see
him; did not stop at all before entering the hotel;
/ was perfectly cool and not excited.
This closed the case on both Sides the privilege
being granted OF producing the Official stenographer
OF the last trial with his notes to testify as TO whether
or not Stokes gave evidence to the effect thai he
made use OF the expression "DOnt fren as Is
claimed he did by his counsel.
Judge Davis cautioned the jury most particularly
against speaking OF the case and sent them to
their homes In the custody Of special deputies
until Monday, when counsel will sum up and the
case probably be deberateo on during Monday
night.
DR.. Alfred b. Cr0sby's Testimony I'm the
Stokes Case-A Correction.
In the report OF DR.. Crosby's testimony which
appeared in yesterdays report Of the proceedings
in the Stokes trial, it enormously stated that
'he had been summoned TO see Fisk ut the last.
and had administered morphine" &C. The acts
are the Doctor notin the city at the time, but
was summoned by the District Attorney as an tex
pertv upon the result OF gunshot wounds and tina.
proper treatment OF such, and upon those points
only was he examined, he having had no personal
experience oil the treatment OF the case.