The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1873-01-18
DONAIDsONv1ILE, LA SATURDAY JANUARY ls 1873
Stokes Convicted and Sentenced.

Stokes Convicted and Sentenced.
[From the New York Observor.]
An unexpected result in the trial of
Edward S. Stokes far the murder Of
James Fisk, has been reached in his
conviction of murder in the first de-
gree"-unexpected because the i'm
preston had become very general that
It was impossible to obtain the con-
viction, for a capital offence, of man
possessed Of money and influential
friends. The circumstances of the
murder are well remembered, although
year has elapsed since the shooting
of Fisk by Stokes. On former trial
the jury failed to agree, and similar
result was anticipated at the recent
trial.
After the summing up of the case
by the counsel on both sides, Judge
Boaldman proceeded to address the
jury, saying in the beginning Of his
charge:
"It is proper that 1 should clear
away, as far as possible, certain cob
webs that have accumulated about
the case, and are well calculated to
distract attention from the real points
you are to pass upon. Among these l
may name that the character Of Fisk,
who is not upon trial here, is not to
be considered by you in any respect,
except single one, to which l shall
presesAy call your attention-wheth-
er he was good or bad man, whether
vile ia his habits or personally pure
and virtuous, is matter which is not
in issue in this case, and you will do
this court injustice if you allow it to
prejudice your minds or influence the
verdict to which you are to come.
Upon the other hand, more or less has
been said % to the defendant, his So
cial relations and his wealth. These
have nothing to do with your verdict.
However high his social position,
whatever rank or station he may en-
joy, whatever wealth he may be pos
sessed Of, however influential or how
ever good or virtuous his friends may
be, will not or ought not to affect
your judment- These things are not
to thwart the progress of the law. He
is to be Judged Of as any other. All
in this tribunal stand equal. None
are entitled to special pro otectiOn, none
are exempt from punishment for crimes
Of which he is guilty. Neither ven
geance or hatred by the special friends
of Fisk, nor sympathy for the sorrows
of the friends 4sf the prisoner, should
warp your judgment or turn your
minds a momeAt from, the real ques-
tions in this case. 1t would be a dis
grace 10 the administration of crimi-
nal justice if your verdict could by
any possibility he sxayed by any such
instr,lnentality--a spproach to you
personally to allow such considera-
tions to weigh a moment against your
oatls to decide impartially on the ev-
idence before you.'
After carefully reviewing the testi-
nouy, he closed his charge by sayiag:
"Now, gentlemen, it il not ordinar-
lily or even naturally the ease that
twelve honest, intelli gent men disa-
gree in their judgment of series of
facts laid before them. Juries geper-
ally do agree. They consult upon tue
verdict they shall render. Sometimes,
when juries are actuated by sOr(lid
mercenary motives, when they are in
fucnced by passion, by prejudice, by
sympathy, or when jurors are obsti-
nate or unreasonable, unwilling to
listen to the suggestions Of their fell
lows, or to hear considerations urged,
in such cases it not unfrequenuy hap
pens that juries may disagree, but l
apprehend in your case We ought not
to expect any influences of this kind.
1t is case Of very great consequence.
There is very serious duty imposed
upon you; nevertheless it is imposed
by law, and to be discharged by yon
faithfully and well. This prisoner is
either guilty and should he punished,
or is innocent and should be set at
liberty; it is for you to say which. A
disagreement of this jury is an act Of
Injustice in one form or another, and
it is therefore thing to be depreca-
ted. am led to these remarks by
the fact that the case had been once
tried and the jury failed to agree. 1t
would be a misfortune that you should
also fail to agree. l therefore ear
nestly ask you to divest your minds
of all outside feelings aud contine
yourselves to the evidence. Look it
over carefully, canvass it fairly, and
draw such conclusions from it after
mature consideration, after conception
and argument, as shall seem to you to
be just and right. If you are honest
men, as believe you to be, you will
do it. l commit the case to you."
At $40 o'clock on Saturday evening,
the jury retired, and at ILLS came in
to court with their verdict. Immedi-
ately on its being rendered, Stokes
declared that he had been convicted
on perjured testimony. Sentence was
deferred until Monday, which, by a
striking coincidence, was the annivcr-
sary OF the murder.