New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-30
rNn OF Tile STOKES TRIAL.

The Stokes trial came to an end last nghtwith
n verdict of manslaughter i'll the third degree,
and O sentence of four years at hard labor IN
the prison at Sing Sing. This is the lame and
impotent conclusion Of two years of incessaut
activity, during which tins the jury system
of the country was fully as much
on trial as was the slayer OF FISK.
Trivial and inadequate as the verdict
and sentence will appear to many people, 1t
will not be on the whole unsatisfactory, be-
cause it was more than was generally expected.
When the counsel of Stokes succeeded IN Sc
curing new trial. most people gave up all
hope of verdict. II was almost universally
predicted that the jury would fail to
agree 1t was thought impossible that twelve
men could be found in Ncw-Y York so
absolutely free from prepossessiOns on the one
side and the other, that they could harmonic
upon verdict which should acquit or punish
the homicide. The public expected a long and
tedious trial, to end at last in disagreement
of the jury, and to be followed by Il declara-
ton of the District-AttOrney of an intention
to prosecute the case no further, on the ground
of the improbability of attaining any result.
But this last trial has been full of surprises.
1t took several days, it is true, to fill the
jury box, but it was filed finally by dozen
men of fair Intelligence and character. The
process then went forward swiftly and easily.
There was little time wasted on captious
pleas or wranglings. The new trial was,
however, justified by new and startling
evidence. We know how delicate a thing
1t is for any journal to express an opinion in
regard to O matter which has passed under
the eyes of educated specialists without at
tracing remark We will refrain, therefore,
from commenting at present upon the extra
ordinary testimony presented by the defense,
the indscretiOns of IA washerwoman who had
heard Col Fisk chattering of his muir
derous intentions, the stout swearing of a
passing servant girl who had seen Fisk
drawing his pistol outside the hotel door,
and the pOmpOus story of an ex-pOliceman who
accused the principal witnesses for the prose-
cution Of venal perjury. All these incidents
gave vigOr and animation to the daily drama
of the trial, and although some people laughed
at them and others were indignant, they never
theless had their effect upon the jury, and
tended to produce in their minds that state of
doubt which is by command of law to be solved
in favor Of the accused.
This is the last trial of any importance un-
der the old law. We do not think that a
system which can give MS such results can
well be changed for the worse. There is
something radically wrong in a body of law
and practice which, taken together, makes
such performances as this Stokes trial pos
sible Under the working of the same legal
principles, twelve men at one time con-
denim the prisoner to be hanged by the neck
until he is dead, and twelve men at
another time give verdict which sentences
him to four years of labor in prison Of the
State This last trial has taken exactly three
weeks, and it is not easy to see why any trial
should take two years. The whole effect of
the case has been disagreeable and unwhole-
some, and the fact that it has come to an end,
although the end is inadequate and inconcu-
sive, will be a subject of general congratula-
fion.