New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-06-11
A NEW LEASE OF LIFE.
EDWARD S. STOKES GRANTED ANOTHER
TRIAL.


TRIAL.
THE TESTIMONY OF THREATS BY FISK TO BIZ AID
MITTED-" THE LAW DOES NOT PRESUME NUN
DER FROM THE FACT OF KILN" nm
IMPORTANT DECISION REVERSING The HANOI
RULINGS AGAINST STOKES.
The decision Of the Court Of Appeals at AlDany'
in the case of Edward S. Stokes, granting BIN =
new trial, was variously criticised yesterday !"
was for the time being the sole subject under ols-
eussion. The majority were Of the opinion tha'
Stokes would never again be convicted Tor inc
reason that public opinion is so much divided Oh
the question of bis proyOcation aud Justification Io
the commission of the deed
In the various courts the matter was talked OIL
II was universally agreed that the rulings on which
q new trial was granted were sound "hether VI
not another conviction could be mad was az nuen
matter of discussion as with the general public.
The greater number of lawyers inclined 10 INC
opinion that the jury on the next trial would either
disagree or find a verdict Of not guilty. In any
case II was agreed that long and tedious trial was
the result of this last decision.
Immediately after the decision Of the Court was
announced at Albany, Disrict-Attoney Phelps VINO
is at present there telegraphed the fact to AsSah'
District Attorney Allen, here. The Sheriff. also, was
apprlsed Of the nature of the decision by telegram
from f. O. Perrin IClerk of the Court Of Appeals, 10
the effect that unanimous decision was come to III
favor of granting trial to Stokes
The news of the decision reached the Tombs. ana
was communicated to the prisoner, whom u 20
nearly concerned, by Warden johnson. SeVerai oi
stolsess family and two of bis lawyers were with
him at an early hour anticipating news OF some sor
The information conveyed by the Warden was I'M
official and indefinite being based on rumors OF tele
grams to the newspapers; and it was received by
Stokes and his friends with little display of exuta-
ton. The counsel room in which he was permitted
To receive his friends was soon invaded By numer-
GUS reporters, who bore, however, nothing more
definite Later copy of the Associated Press as
match was sent him, and about the same time his
senior counsel, the Hon. Lyman Tremain, tele-
Rraphed him the favorable intelligence
| When assurance had been thus rendered doubly
assured lit was expected that Stokes would give way
| to natural burst of exultation, but nus hlenu5
were surprised to find that he was unusually serious
and little inclined to conversation. OF course his
| qualification at the issue of the case was uncon-
cealed, but he insisted that it a matter OF won
dor IN him that there could have been any doubt
that the Court of Appeals should not condemn the
uniust rulings which threw out all the evidence
which went to Justify him in the act he had COM
mitted He insists that his previous trials were
conducted in an unfair spirit, and thinks that the
Court of Appeals could not help being eognlzant OF
the O1aring errors of law and fact which had
occurred. and were pointed out by bis counsel. lie
said that he was surprised the Court had declded
upon his case so soon there about 500 tonoS
| TO examine, and he certainly thought its dehbera-
tons on this account would have occupied much
longer time.
When the news Of the decision reached Shar-
kew. Simmons. Scannell. and others in the IOmos,
great enthusiasm prevailed among them, ano
the report seemed to have kindled hope o.
ultimate release in the breasts of all.
The opinions of the Court as telegraphed from
Albany are given below. As reviewing the elabc
rate opinions of Judges Brady and Fancher OF the
General Term of the Supreme Court denying the
application for a new trial, they will be found OF
special interest to affawyers. The opinions alluded
to above were published in full only IN HE TRIBUNE
which now gives those of the Court of Appeals Ill
full.
The effect of the decision is to give Stokes ne"
trial at the earliest day. 1t admits as evidence the
testimony previously refused of threats made by
Fisk against Stokes and of his having been logged
nv Fisks detectives The charge is held to be erro-
neous on the point that the law presumes murder
from the fact of killing and calls on the prisoner To
mitigate or Justify it also decides there were errors
in excluding proof of threats by the deceased 10 h
! the prisoner and that there was also an error 10
permitting Mrs. Morse to contradict Jennie turner
in collateral matter called out on the crossexaml-
nation of Jennie, namely. as TO whether she ieit
Mrs Morse,s against her wish, and because detee-
ties were said TO be after her soon after the honl-
| eide