New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-29
THE TRIAL OF STOKES.
ADDRESS OF MR.. PHELPS.

ADDRESS OF MR.. PHELPS.
A REVIEW OF THE RELATIONS BETWEEN FISK AND
u,s sr.YTR-ruE FOUR GROUNDS OF DEFENSE
SHARPLY CRITICISED.
Tho right allowed by the law to the representative
f the people TO close the argument in capital cases
WAS exercised by Dstrct-Attorney Phelps yesterday
!, the trial Of Stokes and nearly the entire day was
devoted TO a careful concise review by him of the
circumstances of the tragedy, tho details OF the
ouarrols between the two men, and reply to the
four grounds of defense-fIst, that twas justable
homicide; secondly, that the doctors killed FISK;
thirdly that there was generalization; fourthly
that Stokes was insane--taking them up for con-
sideration in this order according TO the APP
parent reliance placed upon them by Mr. Tremain III
his argument. Mr.. Phelps did not, however con
cude his argument, which will be continued to-u"9'
Like Mr.. Tremain, the Distnct-Attorney deVo'eu
half an hour 20 the preliminary graoes oil 'no
mept in which quotations abounded aud ready -naue
sentences calculated to excite the imaginauNe Ie'i
ings and arrest the attention. were allowed in pay
In delivery Mr. Phelps ia not 10 be compared niS
distinguished opponent, but the majority Oh those
resent would undoubtedly say that for clearness ~
the statement of facts and for closeness IN oglcu
deductons his address would bear comparison la'oI-
ably. Before Mr. Phelps begun MT. lremalh con-
cluded his argument, which occupied the whole OF
the previous day.
CLOSE OF Mr.. TREMAIN'S ADDRESS.
Mr.. Tremain continued his argument, speak
the fact that Stokes that Fisk was his deadly
enemy and had these nervous fears, which Were III
famed as with a torch when these enemies met, ana
stokes with fears thus excited, shot Fisk II the jury
believed this would eventually sweep away all idea OF
murder or manslaughter.
THE THEORY OF sEIF-DEFESsE.
hon tOpk mn
The instinct sepreservatoD, ho said had been iu-
planted m every human beng. An extract from cicero
was read by counsel in which the law OF sefdefense
was Analysed He also read extract from one OF te
elementary legal books, showing 1t TO be incorporated
into the common law. Tue statute governing this law
was read by Mr. Dos Passes. after which Nj Tremaln
considered at length the prisoners testimony in his own
behalf Tho prisoner under moral coercion to 60
upon the stand and explain his position lie thus Aad
laid himself open TO attack, but had come from II with
character unimpeached. He tells OF his nervous fears,
o Fisks threats wipe him out fortified by many Wit
ncsscs tells how lac entered the hoel how he went
inside TO soc that woman who looking out OF the
window how he was returning when suddenly
FISK appears, and is in the act OF cooking a
pistol; how, acUng upon his fears and excitement
he cried don't shoot" and sprnShg aside. cooked ms
pistol twice upon his assailant Then in condition Of
bewdornent almost insanity, he goes along the hall
crying ont there's a shot; so aud get doctor"
Tie prisoner WAS entitled TO take into account Fsk5
character re OF low moral condition, aud no man
wis likely TO meet such fate than he was No man
appears t. SAY that he had good qualities To Edward
: stokes he was a who had threatened 10 wipe him
out To stokes Fisk seemed destitute Of moral sense
and well capable of organizing murder. He was sur
rounded Ike an Oriental prince princey wardroOes,
with pisfO! pockets without, according TO the
eAgcnccs OF the OCCASION were ready for him. On
every occasion he takes his mstresses with him, and
rides through the streets with gded har0ts by his side
Ia Stokes
knows none these women. Not content with running
the Ere Railroad. he runs steamboats,, and he was
found upon The NarraGansett Pier with pistol behind
and admrs cOckade and Uniform upon his shoulder
Thea it was necessary that he should have military
company back HIM, 0nd the power that makes
colonies made him colonel Then he turned his at
1cnton to the stage and brought 80 foreign women 10
show their merotriCOus charms, and as his education
was defective ne hired interpreter 10 help bis
business intercourse with these dancing, singing
French women. He had ruined The prisoner. The
prisoner could but think that he ran the
machinery OF the stokes knew that Fisk was
jealous Of bin. aud from heng friend or pretended
friend had become ms mortal enemy. hr. Trenan then
~ketobed the character and history OF Stokes He was
Introduced by agent Of FISK 10 Mansfield But I1sks
jcalOuScs soon aroused and then began series OF
prosecutions Proceedings at law followed, ana finally
tine whole ended as You know; me threats are 10 De
him fear tbat If they met one would fall and his care
for his family wOuld lead him to defend himself TO the
best OF ability MI Tremaiu reviewed the testimony
rs the threats and their effect upOn Stokes and then
TOOK up the question whether OF not fIsh CaIIeu ls
tO enlargng upon the testimony upon that point He
placed great upon the testimony OF Mary Bean,
VINO saw Fisk come out OF the hotel draw pistol ana
return. Her testimony, well as that Of Jennie
Turner, he claimed, was entirely unimpeached
AT the conclusion Of the whole matter, Mr.. Tremain
submitted that there were reasonable doubts that the
wound the death OF Fisk, that there pre-
Ineditated design that the killing did not occur under
circumstances TO justify the homicide and that
tSe prisoners mind was ia such condition 20 realize
The character the act lie had committed. Therefore,
IN tho name Of Justice and law in the Of the oaths
they had taken he asked and demanded that the jury
should aequit tne prisoner.