Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-01-05
STOKES.
Closing Argument by Counsel for Pros
eeutiOn-A DIsOrderly Assemblage
SiIeneed by the Judge.
His Honor Chargessthe Jury, who then
Retire-Mueh Interest Manifest
ed in the Result.
The Jury Give 8 Verdict against the
Prisoner for Murder In the First
Degree-The Effect.

NEW YORK, January AFTER an ex-
| haustive argument, in which the char
acter of Fisk and the witnesses for the
prosecution were severely eXcOriated,
Mr.. Tremaine closed his effort fer the
/ prisoner at one o'clock. There was great
| applause from the audience on the con-
clusion of the address, which was sup
pressed by the Judge.
After recess Mr.. Beach commenced to
reply for the prosecution, and fOrseveral
/ hours he reviewed at length the testi-
mony Of the principal witnesses, and he
called upon the jury to judge whether,
/ from the story of Stokes himself, this
case was not one of murder. Stokes's
early career and the circumstances of
/ the murder were commented on
with severity. Upon the question of
premeditatiOn Mr.. Beach submitted to
the jury on the broad principle whether
at the moment of firing the fatal shot
/ the prisoner intended to kill.
When Mr.. Beach had concluded the
/ Judge at once proceeded to deliver his
charge. After complimenting the jury,
the counsel and the press for abstaining
/ from criticism in the case, he charged
/ that all questions were to be discarded
| which bore upon the character and hab-
/ its or social surroundings of either the
| deceased or the prisoner. The killing
| being practically conceded, the question
was whether that killing was crime. 1t
was agreed on both sides that
| the killing was either murder
in the first degree, manslaughter
in the third degree or homicide.
/ To determine the point at issue it
was important to consider, were there
| two pistols found, and whether the pris-
oner was acting in self-defense. He
then explained the theory of prosecu-
ton that there was but one pistol, and
Of defense that there were two. He in
timated that the jury might consider
another theory Else that the pistol
| found by the lad, was dropped by the
prisoner. ThOu~h this theory was un-
reconeilable viii the testimony, no
one testifies to have seen the pistol in
Fisk's hands except the prisoner. The
silence Of the prisoner when he was
arrested, did not necessarily involve
guilt. If the Jury believed that the
/ prisoner fired from a premeditated de-
sign to kill without danger, they
should render q verdict of murder
/ in the first degree, unless they found a
verdict of manslaughter in the third de-
| gree; and ON the latter point they were
10 consider if there was a conflict, and
whether the character of Fisk was such
4 as from menaces to lead to the appre-
| hension of danger on that point only;
and Else, whether deceased was person.
| ally violent and dangerous or not, were
| they TO consider his character. 1t was
the duty of the prisoner to satisfy them
selves that the killing was not murder.
His Honor explained the kind of doubt
| to which the prisoner would be en-
titled, and in conclusion said
that it would be great misfortune if the
jury now disagreed. Ordinarily
twelve honest, intelligent men do, after
consultation, make up their minds and
agree. Where passion, prejudice or obsti-
macy, or other motives are present, they
do not. He made these remarks because
the Jury on the former trial disagreed.
The prisoner was either guilty, and
should be convicted, or if innocent, ac-
quilted. His Honor did not anticipate
disagreement in this case. The jury
then retired.
VERDICT FOR MURDER IN THE FIRST
DEGREE.
The jury, after being out a few hours,
dered verdict against the prisoner of
murderin the first degree. Judge Board
man deferred the sentence till Monday.
The anticipation that the verdict
would be given some time tonight in
the Stokes ease created much interest
in many places throughout the city, and
it was hardly expected that tine verdict
would be reached SO soon.
During the latter days of the trial
some apprehension was awakened
among the friends of the prisoner at
the pertinacity and skill with which
testimony for the prosecution was evol-
we'd, still the feeling existed among
many that the conviction of
murder in the first degree would not be
found, and that if there were no disa-
greements Of the jury the verdict would
| be either iustifiable homicide or man
slaughter in the third degree.
| The jury came into court at half-past
eleven o'clock, having been absent
about three hours. There was marked
sensation in the court at the announce
ment of the verdict. The prisoner
| turned ashy pale, and his sister wept
aloud.
Assistant District Attorney Fellows
moved that sentence of law be pro-
nouneed, but at the suggestion of Ire
maine the Judge deferred pronouneing
! the sentence till Monday.
/ The prisoners counsel viii doubtless
now apply for new trial, as they took
many exceptions In the progress of the
case on which they can ground their
application.
The jury, it trsnspired on retirin g,
stood ten for murder in the first degree
and two for manslaughter in the third
degree.
On train information was derived
in an interview with some of the law
yers of Stokes, that it is thought no ex-
ceptiOns to the verdict viii be taken.
A sailor named Riley jumped from the
fyard-arm Of a ship leaving New York
4 1ysaafa farflav aud xvQc droxvnad