The sun., 1873-04-25
Bid~eIi Delivered over to The British Consul.
THE APPEaL ron STOKES.

Mr. TrcmaIn Thinks that stokea's Execution
is scarcely Probable District Attorney
Phelps Thinks Othrrwlse-Co oi. Fish Conn
pared TO George III.
The General Term court room was again
crowded yesterday. The father OF Stokes sat
among distinguished lawyers, and listened with
evident interest to Mr.. Tremain's appeal. Dis
trict Attorney Phelrs was installed behind an
array OF law books, containing reports Of the
Rulon and other ceiebrated murder trials.
NH. THEMAIN'a SPEECH.
After commenting on Judge Cardozo's verdict
In favor Of the Stokes Grand Jury, Mr. Tre-
main added
cannot conclude without stating that nave left
no mo s'q9e n.1arnsi to bring ss case TO speedy hear
may be executed, an event which am free 10 say
nave the cons9Iaton Of showing that We have been d
gns G IN or 10 Ss .Ve TAI % sa.' n
rqS eaSs 20 Egr rr S for s. S as
failed , N our application for an assignpent Of srt2r
% i' s and ESu o he
seycs IN the future with the reflection that had done
that think, That ne Constuton Is to be desroyed
and this goody metropolis dcluged with blood,
IP EDWARD =. STOKES SHOULD not DE HANGED.
whether legally convicted or not, he has no place
y M, sacred and holy presence Il there be any of
". !! lairous wor-hlprer- OF HIN Who ssiead who
t2ese walls II there be man this great comnu.
ceuted whether be has been trcd aud found guilty &C.
s @ hoard Shs s % w s sr or net to e '9ee sS
go doun 10 the hlllovs on which he Is now struggling
RSt on Sp4Pf @ J s o s'sS SG Se 10 h S S
ye ne case vii .tand out u he records of ths .s
cte5t. Of his country THIS trial has attracted the
g. SaSer. prsesdent q Ss When my Your fi MINORS. %
thal have pas.ed away log are the ,aeted m ister.
beard n your ears, ani That your decision WI BE- ~
though the heavens fail"
ANOTHER MOTION pESIrp.
Mr.. Tremain nut on his spectacics. Mr.. Doa
pussos moved that the Court review the order al
Judge buardmm denying the motion for new
trial on the ground OF Irregularities. The Court
denied the notion f9r want of jurisdiction,
District Attorney Phelps argued ia defcn We ~
the Grand Jury which indicted stokes, and that
there was no evidence 10 show that the prisoner
was nre JUDGED by the alleged Irregularities in
the finding Of the indictment, even assuming
them all 10 be proved. The question OF the
constitutonalty Of the new Jury law had
the ease u Bifci1y agt' The People The evi-
dcncc Of the minutes Of the Grand jury was
with the expectation Of connectiug them with
proof Of the prisoner knowledge # the fact, In
which care they would have been fully compe-
tent. That failing, they became harmless. The
prisoner clearly could not testify as To his own
apprehensiuus from flsk without showing any
acts of fisk to Justify them. There was NJ
attempt 10 Prove any act by Fisk, only certain
things said ur done 10y others which Fisk was to
be connected with by inference.
Tue oSLY THREAT FROM FIsK
to the prisoner offered and excluded, WAS
the one Ia railroad Stokes to State prison.
The demeauor and conduct 81 the pris-
oner when taken into the presence of his
victim Immediately after the shooting, was
clearly competent. The objection to the Judges
charge was not well taken. IL is not an error for
n Judge To- present his own theory Of the facts.
The principal objection To the Judges charge,
however, was that IN regard to which the judge
who granted the stay Of proceedings, expressed
his DOUBTS a. 10
THE LEGAL IMPLICATION OF MALICE
from the circumstances Of the case. Reading
the passage ia the ght OF tue rest of the charge
there was no error, for n the particular passage
referred 70 was erroneous, IL was cured by what
went before, and more especially by wAAt fol-
lowed.
Ex-Judge Fullerton sustained the position
taken 10y the District Attorney in regard 10
Judge Bohrdman's charge.
MIR. Tremain, in reply, compared Fisk TO Nero
and George Ill. All he asked was that the
prisoner whose case had been tried before a
jury which could not agree, and then before a
jury whose verdict was procured by the rulings
subjected to examination here, shall Simply
have another chance before jury Of his cuuu-
trymeu. II he be guilty, was anything to be- ap-
pretended from a jury Of this city, If not
guilty, would II not bc a lasting Teproach to the
stat" that he was condemned To death and died
on the scafold for an oGenCo Of which be wus
not guiltyY
After consultation Judge Brady said that the
Court would ruleavor 10 decide the case on the
nf-t MONDAY Ia May,