New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-30

are tmmaterIa. It was the existing intent which was
the point to be determined by tho tnry or ana Nf
Appeals Adopting the decision OF Mr.. Justice Ed
wards the Court laid it downo be rule that the intent
soSmlised. provided the jury could say that
It existed. Subsequently they found that II made
provided the jury could ind that It existed, done by
a drunken man, whether IL was drunken intent pro-
before tho Violence The late change this statute
no effect upon any question before gGn a. naSe
the law OF the State a the time OF the commission OF the
crime, and you 10 determine before the prisoner
be convicted OF murder In the first degree that when
he shot at Fisk any time before firing the fatal shot
the Intention TO kill Plsk. I speaking OF this
particular element OF intention applied the crime
Of murder In the first degree under tue statutory
branches of which I shall speak by and by.
formed before firing the shots First that there Is evil
dence in he case showing that the prisoner vent to
pose and with the expectation OF meeting Fisk.
tho prisoner, went there with this intention. and
with the design to inhict violence upon Fisk;
taat ne ga 20 bo resdy to oeoomph that pnrpe
that when he left Twenty thrd-st In that cab the
aiming and which he desired make his wav,
either directly or crcuitousy. for the purpose
finding the object and purpose claimed by the
people, for which he went to tho hotel. For the
purpose Of doing that you asked TO follow him In
Ills devious route from the time he started In the hack
until reached the hotel You have the evidence Of
Mansfed's house Twenty-third-st. tho prisoner did
get out OF the hack at ALL but said TO hun that he
wanted TO 90 to the Grand Central Hotel. You have
this evidence that he started with the view OF
taking the prisoner To- thS Grand Central Hotel 6as
tapped and the prisoner got ont Then it's claimed that
you follow him from that point mp 20 Chamberlain &
Dodges where Mr. Ingraham saw him. and then into the
down on the opposite side, where he walked with
Mr. Bailey TO the point were no returned retraced
his step, and crossed the street to the Grand Central
Hotel IL is claimed that MI Uackett saw him standing
there in an absracted manner looking apparently into
Hacketts salutaOn IL IL claimed by the people that
he then entered the staircase assembled to tile hotel and
remained In expectation of the coming OF Fisk
and the argument made to you that. inasmuch IA
Fisks carriage was coming down INC street. anl mas
much Mr. ngraham said he left about two minutes
before he, Insrdham, did aud that as he lngrahan,
walked MI he he tho carriage or Fisk at
AstOrplace the prisoner who had been walking about
with Bailey down the opposite side Of the street, and
then reraced his steps, an1 crossing over han IN tha
interval seen what IL Is etmed by the people DE Glu
that then went into the hOte expecting FISK to Visit
The Morse family and placed himself where he could
entered and with the intention Of ayailing himself of
that opportunity while Fisk ascending the stairs to
That ia substantially the theory OF the people to the
action OF the prisoner prior to his going to the hotel and
determining this case that It Is not after all the inn
| portant point whether or not tue prisoner
! ii Tel in mind during the afternoon when he
whit he had in his mind the alleged
fatal shot, and whether or not he hid TINS intention
when he was the is only subject OF con
sderton, tending TO aid you in determining the cOndl-
| ton Of nina ne WAS IN.
| Now the evidence produced hearing upon what the
prisoner did at the tlme claimed on inc pat OF tae
people tending 10 show intent The part OF the teSt-
nony bearing this question was that OF Thomas Hart
who says that when Ae the prisoner after he came
up the stairs, he w5s gong om parUs 40, W. tb,2
you rec0llect "hat ne snI AZ t, n,d tnao
| to parlor No. 2C7. lt was probably matter OF
! paror. He was approaching the stairs as II he tx
pected somebody coming and he says that he stood
al lie top of tho point. crossed to the
| oil
Mister and fred at Fisk. What particularly wish to al
% 70 in tins connection is the manner in which he says
stokes crouched along toward the stairway. true
m" parnr the Inference might be drawn that ne had
been looking from that paror to watch the approach
of Isk seeing the carriage stop ne then started 10
90 for the head OF tho stairs. and met Fisk when he
| entered 10 ascend stairs. As matter OF course
| 10 il for you To determine whether the statement
IA n correct one. What say H. upon the assumption
that yo pass upon that question: you lind the state
ment true you will have 10 trouble IN making an appl-
cation upon this question Of interest. Another witness
COughhn, test!hes that when he went TO get
coal 10 carry up to NO 2l1, a. ne entered tsa
| head of tho stairs, on the rifht side
looking toward broadway. with hand the post
balluster and the other IN ms oNercOat pOcset me
witness went then into the room and saw nothing, OF
course or what afterward TRANSFERRED From this you
are apt to hnd IN connection wth the Oher clrcuhi-
stances thot the prisoner mad placed himself IN that
posture with the view 10 shoot Fisk when he entered
At all events these witnesses you are satisfied tnat
they speak the truth 10 what they saw both place
stokes at the head OF the stairway Hart places HIM al
first IN the same position IN when Coughh says he
him. lie says ne crossed over before ne nrtd.
for had gone into the room. Now there be
that the pistol used that tUo shots were fred,
and that Fisk shot while he was coming up the
stairs. Those are startling points on which there l. no
reason 10 entertain any DOUBT whatever. From those
starting points called upon, because man was
alleged have boon killed there 10 90 through the an
tecedent events OF that few moments with view 10 as
cerannc whether s man, being at the mead or those
stairs. and seeing FIX coming up tne STAIRS red tne
il is OF no whether the prisoner stood
side the other IL Is an incident IN the statement
% the witnesses. it II claimed that the dluer-
ence in the statement shows that Hart is untrust
worthy. On That snblecC all that the Court
can say is tins. that while il is question altogether for
YOU TO determine which OF the witnesses gives correct
or most satisfactory version OF the various circumstances
TO the locality in which TINS or tnat man STOOL or
what this that man did at That moment or what this
said during that time. nevertheless IL Is Tor
the jury 10 say whether TINS IN cr testimony
rather eOrroborate than deterOrae the value
testimony because it at least shows that there
WAS no OF action between the witnesses, no
Outstanding as to concerted action.
Now, these several witnesses are the only persons
who saw Stokes with the exception Of the girl they
are the only persons who saw stokes immediately pre-
cedng the nrlng They are Redmond, who saw him
enter and who saws he saw hni when he fired
COughn, who HIM standing, he at the head
OF the staircase at the time ne went IN with the coal
Thomas Hart, who he stood near the door Of No
go cleaning globe, and stepping little forward at
the time, he saw stokes stand there, and
him step from one side to the other and
fire But then the girl Crowley says she saw him
20 through the hallway ana enter the staircase
and go down the steps ana then heard he cry aud the
shot. Now, gentlemen you are To use the hgnt or this
testimony as TO the extent OF eIedt you VIII give to
these several Witnesses Another witness says that
Fisk started up stairs on being told that one OF the
ladies Ill. ! MINK fFk asked MN 10 20
and them, and that Fisk started UP stairs and he
followed behind him with the intention OF going that
he stood a step two behind at the time the shot
fred and he the prisoner standing on the left hand
side where COugbn places him, anu that he fred the
second shot. he the witness immediately He'd down
stairs and stopping instant with his hand the
knob OF door, turned and went outside. Several
persons came almost Immediately 10 the sceue. Mr..
Hill, whose testimony you wiz recoueet, says he was
standing the elevator. lie heard the first shot winch
startled him heard the second and Instantly
stepped to the hall and started for the stairway.
He met a person who Is described Stokes. As he
nod no Atari m IN al sal 4
been shot I" and voice behind him exclaimed
tlat Is he ouet hat i'm