New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-25
THE COURTS.

own defense, yesterday, for tho shooting Of James
Fisk j in January. 1874 The number present to hear
his testimony and watch his features much greater
than usual, aud the demand for admttance extra
ordinary. Tho police acted ss though they were pro-
teeting oraDgemen and only by force and clubs kept
away tho curious, eager crowd, which clamored with
excuses and entreates In tho DISCRIMINATION most
OF the points Of the direct enamnation-the prisoners
acquaintance and dealings with Fisk their differences
In the courts tho proceedings at tho York
VILE Police Court, the circumstances under which he
visited the hotel and shot Fisk and his conduct after
the meeting tho stairway. were again touched upon
Stokes stated in reply to questions;
The first reconciliation Of Fisk and myself occurred on
Oct &c. at Demoncos and Col Fi,k proposed 70 con
was quarrel and another reconciliation, which TOOK
place IN the Directors Of the Grand Opera House
at suggestion OF Mr. Fisks COUNSEL my arrest toOs
place between the two reconclations; was subpenaed
to Judge Bx0y's court, six months after as Wines
Mr.. McKeou was her counsel and was not EN- en-
poyed by me came away Win h Id
pot advise that tho pr0ceedings must fail but sug
gestoo made that subject went INTO Del
Barnard was not there after that I went 70 Mr..
Andrews's oloe, aud asked him II was safe to 20 TO
until got 70 Mr. Bixbys Office did not see any one
there, or in Mr.. Andrewss Office, tnat knew; he
paint against me; never said to Col. Eel:
lows. coming down in the carriage, that II
Fisk got indicted he would live to see NE tried
ythng that could De tortured into such an eN
pressiOD my for calling at Mrs Manshelds was
70 get the original OF the agreement ior me lrotung
match between Mr. Smith and which was 10 De de.
Providence had then taken all the other papers
she told Judge Bxby's Court that morning that
left that paper oennd did not get out Of the coupe
and could NJ very well got tue paper without disturb
ing her.
In regard 20 HIS movements nearor Che time OF the
tragedy he was asked;
@ When you you did not know Tho lazy whom
you up to look at IN tue paror. why di you not -
away Immediately A. There wore some ladies' IN shs
the idea, think besides was adnirig tins hotel;
had never been up there before.
YS 9 You Cd" INA" coming Up 'n' private stars a.
o Did you know it was Fiski A. had no idea IT
pulled out bis pistol, as ] Thought irem
the folds Of his cloak; J don't say he pulled pulled
it out Of has pocket he nght have nan u IN his band
and CLOAK folded around Nun; u swore on tne
last trial that be pulled out from behind that was tug
impression left on NE couldn't see hls h1ndsi az
saw as the kind OF pistol be mad was That IL was
white coIorod; no pulled IL from under his CLOAK.
The pistol, WINCH is said to DO the one used by stokes
in shooting Fsk FAY Oh the table. The prisoner grsspcd
it IN both hands IN the position he sdld FsA "S "a "bob
he shot. flo then said:
don't think had any time TO forward; weren't
moro than oight ten sJeps apart whoa hred tho
bad gloves on and a cane in my left hand the rst
shot he bent forward 80 thowug 40 with his hands on
arms; fired both shots the second; al, tho
second suot ne cried out aul sbo.-dOnt hre." OF
q. Did you mean 90 hit hint a. presume did; but
fred without special aiih; e1pec1ed ieta.h ar
but have general impressoa OF iE beieye
everything he says Is true ! Wac Pisuy Dowl,
OF the note; memory, far "a tt goes, agrees with
Mr.. Hlfs; heard no Que say " That's tho man3 tnat
shot hD;" may have been sad; Tommy Harris
story is lie; ho was not where no says DO
was; Of course, II he had been | eouli
have seen him when | turned round; 1 believe
no followed Mr. Hui; said to Powers when he asked
why made disturbance m his hotel that be ought to
know me better suppose that would come IN 10
do that, something OF that KIND dOn remeiDDer
Mr. uilfs Suggesting that | should 10 takon before
onoer said Fisk whose mead dropped as n no wanted
avoid the siglt Of NE said nothing did nog say
10 anybody, tuat / remember this mad snOt Fisk OF
that Fisk attacking mo- Idon't think said word
to the officer ali tno time was with him.
series of questions put stokes to whether
during tho campaign OF 1871, when in company
with Louis Burrll. in his employ, bet on the cleo
ton between Bradley and O'Bren and sgel and Shald
ley and then invited Burrl the Finn Avenue
Hotel to shoot Fisk He denied positively that he had
ever bet election or that anything like tue con
yersation had occurred. He did not remember
saying to A. A. seloyer that would be hanged
for killing Fisk nor had he offered Mullon g. set
Thomas Hart to swear his story lie. He had not
said to John T. Kinball that no would shoot Fisk He
last saw Fisk NblOs Garden some weeks before the
shooting and was close to him. The remainder Of
stokess testimony comparatively unimportant.
After stokes came DR. Charles A. Scale. who has had
experience army surgeon in treating abdominal
wounds. He gave his OPINION that Col. Fsks wound
was necessarily fatal He stated three cases 10 his
own practice where the patients recovered. Willard
Bartlett, after recess called aud StOkess counsel
offered to prove that the prisoner consulted bm and
father Immediately after the hOmicide aud told them
that Fisk drew pistol on him. THIS testimony was eX
cluded MIR. BiXby. brother OF Judge Bxby, took the
stand aud made an uuiuPoftdnt o&piahallVh lie ue-
Tense then rested
Tho prosecution recalled James A. Byrnes. who had
testified FOR the defense recItng threats made by Fisk
Mr. Phelps examined hlm very vigorously. The witness
was asked whether he did not keep room at the st.
James notel simply for the purpose OF having resi-
dence there He admitted he did not sleep there. but
lived at house in Twentyseyenth-st, which he had
leased. He denied that no forged u check his
father and although admitting his arrest utterly refused
to say who the lady with whom he came from Sara
toga on the ground that II would degrade him. On say
rug that real estate broker at No 81 Park Place.
with Titus b. Eldrdge, he asked when he last
engaged real estate transaction, and replied with
hesitation, " Well, last August-or July"
Dr. Gordon Buck, called in rebuttal By the prOseou
ton testified he familiar with the treatment of
gunshot wounds and considered the treatment by opium
in Fsks proper. Recovery not possibe death
was inevitable The witness admitted that the chief
danger ia such wounds from shock the facts did
not show recovery from shock up 10 that evening In
Fks case but rather that he had not yet felt the full
effects Of the shock,
One of the best medical witnesses yet on the stand
was DR.. Alpheus b. Crosby of Bellevue Medical Col
lege who Division Surgeon In the army, and has
held many honorable positions in medical Institutions
He said, decivey, that he had doubt OF the fatal
character Of Fisk's wound In describing what his
treatment OF the case would have been, he said,
didly would first advise him to make his will then,
no matter how badly he was wounded would give
him the benefit OF doubt, and treat him as If no would
ultimately recover would give him sttmusnts and
opium TO moderate pam; the breathing in Fisks
would suggest opium. but the state OF pulse and
piration did not indicate It,"
Bird w. Spencer. Assistant Treasurer Of the Erie Rail
way, ,.stied that he attended Fisk every day. and