New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-28
PRICE FOUR CENTS.
LAST WORDS FOR STOKES.
Address OF LYMAN TREMAIN

ADDRESS OF LYMAN TREMAIN
MANY SPECIAL REoUEsTs-FoUR GROUNDS or pr'
FENsE-THE WOUND NOT A MORTAL oNb-ihh
KILLING NOT PREMEDTATED-TnE sH0oriN"
JUsTFABLE AND THE PRISONER NOT IN HiS
RIGHT MIND.
The summing up of the Hon. Lyman Jremain 'n
behalf Of Edward s. Stokes was begun yesterday.
and his exhaustive address was listened 10 by a
great patient crowd which at times warmed mp
into something approaching enthusiasm, although
the auditors were denied the privilege Of noisy APP
prevail by the warning eye OF the Judge and IN"
strict rules of courtroom decorum. Before the sum
ming mp Of Mr.. Tremain was begun, the prosecution
called two stenographers. James +. Crosby the
official reporter during tho two previous trials
testified that no such words as Don't shoot" which
Stokes insisted on the stand that he uttered when
he encountered Fisk on the stairway, are founu ia
his notes of the second trial Mr.. fireman sh"Wed
him his transcript Of the first trial, and ne adft'sn
the words were there a. j. Corcoran, who reported
part of the second trial said also, that he found II"
mention Of the words any questions in reference
TO what was said by Stokes on meeting Fisk. his
closed the case for both sides Mr. Treman then began
his days work by submitting 43 requests to charge
on which Judge DAVIS, as usual, reserved his opin-
ion until he should charge the jury. They embrace
the views of the defense as to the verdlcis when
may OF may not be rendered legally. The address
proper of Mr. Tremain began at 10l o'clock, and he
devoted the first half hour to review of the action
of the District-Attorney and his Assistant, Mr. Rus
SELL in their conduct Of the case directing most OF
his attention, and very sharp attention. TOO.
to the opening for the prosecution, in which
Mr. Russell, in case of such mag
nitude, fell into the usual habit of young lawyer
and clothed his thoughts in the fancy dress which
rhetoric can provide. Mr. Tremain was not superior
to the complacent and patronizing practice, when
obtains TO this day among veteran lawyers % using
up the less experienced antagonist whom they are
wont to pity for his youth and indiscretion The
manner and appearance of Mr.. TreJnaiD scarcely
need to be described for be has been identified with
many Of the prominent legal contests that have oc
CURED in NewYork City and State, and bis passion
ate expression and, at opportune moments pathos'
by which he is not too insensbe to be himself al
fected are remembered by all who take any interest
in life and death struggles Of this character. Mr.
Tremain divided his argument, which is reproduced
very fully below into four general heads:
First Did the prisoner iHfict q mortal wound
with pistol he held in his hand. and did Fisk die
of that wound7 The latter question brought in, OF
course a review of the medical testimony. Sec
oHdly: If the prisoner did do this, was the act muir
der, or it merely mauslaughter in one of the
lesser degreesi In considering this question, the
counsel left entirely out of view the fact whether
Fisk had pistol not, and discussed the question
without reference TO the following propositions.
Thirdly If the prisoner killed Fisk, was the killing
iustfablei Fouthly: If he killed Fisk and that
killing was not jusfable homicide was the prisoner
sane OF insane within the meaning of the law,
which declared in the very language of the statute
passed in 1880, and which has remained upon tho
statute books of the State ever since :" No person
shall be punished for any act committed while III
state Of insanity