The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-09

| least the premeditato was complete and the In
tention iai,y lo T, wnen the ast was don ne
| had simply CHARGED In the wor6s OF Ciark's case,
which simply SAID that no particular time was
needed.
THE COURT SPEAKS
The Court thought that the request sought to m
troduce an element o time excluded Ivy tue Court
OF Appeals, and though rs a new question ne would
agree with Mr.. Tiemain, yet he WIS bound " its
decisions.
MFR. Treman said he thought there was no incon.
sistency between his proposal and tbs decision Oh
the Court OF Appeas. Ills
NEXT POINT WAS -
that the Court had introduced theory a. to the
prs oil iound on the stairs, which no one lad sus
gested before-namely. tnat the pistol seen ~
Jenny Turner and others was In act the prisoners
pistol. 1t did nclle SOME OF tile testimony. but
at the expense o, charging the Prisoner with per-
jury, and OF less I'M ortance, contradctng Thomas
Hart. II was really hypothesis unwarianted by
such an hypothesis was well settled t. lie good
ground fOf new trial. lie claimed that the charge
was substantially SAYING nas It reconG,ea more
jury. He insisted this Was grave injury to the
prisoner
Mr.. Stokes was asked as to proceed ngs before the
Courts. He claimed that OF all these matters the
that the questions to the boy who was introduced
to lmpeach Hart'S testimony a. to his COW Cton
Of crime as expressly condemned IN Reas case.
me allowance or the reading OF tine minutes or the
Grand Jury In evidence to show tnat
STOKES AND MANSFIELD HAD BEEN INDICTED FOB
BLACKMAILNi
was he argued, great injury to the prisoner, es.
pecialy where there was an utter IL lure to IN any
way show tn ut she time MIR. Stoi es know Of 1t.
lie lnslsted that TINS was utterly incump tent aai
was prcudicia, proving disunct CHARGE against
the prisoner, while tine cross-examnat,on IA Jailed
to show the character OF the witnesses on whose
word the indictment was iornd. The Judge re-
fused to permit the defence to show threats OF
| permitted this indictment to he proved
without showing the PRISONERS knowledge OF
as to the nervous condition OF the prisoners mind,
| excited by threats oil Fisk, and 0tner causes De-
iieved by him to arise from Flsk, Tor some time
back and before the actual occurrence.
| Counsel called attention to the various cases OF
such exclusion and then continued These ex-
customs seemed based On two grounds-one that
II was previous to the snootlng and the other that
! FISK was not shown directly to have caused the
acts He submitted this was plain error. The
Stokes believed about 1t. He cited the
q Rector who
his house. and threats had been made by the as
saiants to Return All this went to the guilty IN
to show that he had reason to believe, and lid
believe, he was logged Tor weeks by the ruliiany
had had from six OF the best men, as one VINO
would stop at nothing Again. they had offered to
BY witness very cen threats eats o. FISK SIX
connect this particular threat with any knowl.
edge Of Stokes. But Mr. Stokes as. had heard
that his testimony was 10 be received with
great suspicion he had right to be sustained bv
all testimony gong to confirm It. 1t was error, he
claimed, to exclude. He admitted there was no
direct authority on the point in this State, but In
| Georgia, Illinois and IDdiana such evidence had
been allowed to snow the status and relltions OF
the parties. Another class OF evidence excluded
was acts of Mr.. Fisk, to show his sangunary and
| the prisoner. lie alluded TO the
| ATTACKS ON ETON
! and on the Albany and SuSquehanna Road. He
submitted this was erroneous, as suCh evidence
| went to show the character OF the deceased.
Counsel also objected to the admission OF the testi
mOny as to what occurred between Mr.. Fisk and
himself after the shooting: He called attention to
the TACT that no two agreed as to what dld occur
an inference adverse TO Stokes from hts silence.
He had resisted most strenuously its admission.
| under such circumstances, to be used against
HIM, but that protection was useless II hts
silence was to be taken against him. 10 meet the
imputations growing cut Or that silence they rad
| offered to show that within an hour he told the
same sto to his counsel, Mr.. McKeon and that
OF testimony as to the reason of De Corlies testi
mony after Crockett's erort to show that he was
discrepancy between Powers and Crockett as to
who gave the pistol to Captain Byrne,
Byrne was allowed to give conversation alter
he received 1t. Again, to explain DR.. Trlplcr's
ensconced in the court room at the summing up,
the prosecution were allowed to show the state
ments ola girl that he had gone to Aspinw wall three
| weeks ago, and that without any proof that he
| Court had refused to permit Mr. Stokes to state
exception to OF the effort to dscredt Mrs. Wiiiams
| by showing that while she was llv-
eng he Mr. sk and th ne v saf
in The same house in which Miss Mansfield and Mr..
FIX conabted He also excepted to the admission
would have seen pistol had there been one on the
stairs; to the questions to Mrs. Morse as to the
reason OF Jenny Turner leaving her, ana the testi-
mOny that StapetOn did not seem to have been alb
sent from the Island by the records ON the day Of
not contained in the bill Of exceptions, and they
had brought before His Honor the aflidavits used
| before Justice Boardman Oh the motion for new
trial. The facts to which he desired to call atten-
ton were the procuring OF testimony not IN
Court but by Jurors visiting the Grand Central
| Hotel, and the absence OF the prisoner during
on nc H Ss,ss1. S; %sds Is
brought before the General Term by ce7tioruri for
diminution OF the record as In the Cancemi case,
or by the older form OF assignment OF error fact.
He thought there were serious errors in this case.
and trusted that there would be no occasion to 60
further than His Honor He was satisfied that II
there were any yielding to any other innuences-
further argument Of that Kind. He had been I'M
| willing to hear this motion, aAd perhaps was 50
far influenced BY public opinion; but having once
influence to sway him: II he stood on one side IN
his Judgment aud all New York on the other 1t
| would not sway him from deciding according 70 1t.
! Mr.. rrenan said he had no doubt OF that, but ne
must insist, IN view OF the statement OF Judge Car
Court OF Tennessee directly on the question of the
Jury law and In view OF the other important ques-
tSns ne was sS ., to- to review Of the case
had not himself tried the he not prepared
| to argue the motion. The counsel who has con.
| Quoted the trial had felt, In view OF what he had
said at the argument before Judge Boardman, that
| he Ought not to take part in this argument. lie
had had no time really to examine IL, aud must
| trust 1t to mis- care and examination, not being
able to relieve His Honor 81 any aid In the matter.
| Mr.. Beach said that he had just come In. and.
having heard an allusion to his remarks before
Judge Boardman explained that he had there sup
posed that motion Tor a stay Of proceedings was
| an er pdrte one, ana in that Judge Boardman had
| concurrcd with him; but he mad found he was
| taken In the statute as to capital cases. He had
then said that he should not attend IL notice were
gwen and had also said that he closed so far as he
was concerned, the case. He had only received
notice about hall an hour before this motion was
commenced and then had not thought 1t proper,
in view OF what he then said, to argue IL,
| Judge Davis asked If Judge Boardman had rem
dered decision on the motil N for new trlalp
| Mr.. Phelps sad Nothing of the KNIT had como IN