New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-04-02
THE COURTS.
THE STOKES CASE.

THE STOKES CASE.
WRIT OF CERTIORARI GRANTED BY JUDGE BRADY
John Sparks, Clerk of the Court of Oyer
aud Terminer filed, yesterday the judgment in the case
of Edward g. Stokes in the County Clerks Office 1t
the largest record filed in the Supreme Court and
has taken the entire time Of 10 copy 1t since
tho 23d Of February This WAS done in accordance with
the writ Of error issued by Judge Davis TO the Court Of
Over and Terminer to retn the judgment record and
bill OF exception to the General Term. After the
writ OF had been filed the counsel for Stokes went
to the County Clerks Office and filed what
are known in common law special assignments and
errors in fact" assignments contain statements
in detail of the grounds which the counsel relies for
reyersiOn OF the judgment in the case Independent OF
the reasons stated in the bill of exceptions. They
tain allegations OF the absence Of the Judge and prisoner
during part Of the trial. and also the fact that some OF
the Jurors visited the Grand Central Hotel to make
inspection in regard TO testimony which came up on the
trial The DstrictA ttorney has been requested 70
swer these allegations within 20 days Mr. Dos Passos
has also filed allegations OF dimnuton Of the record
and applied to Judge Brady for correct certiorar
which was as follows:
The People of The State Of New York 10 he Court Oyer
and Terminer IN and fOr the County Of Relo, York: We
being willing for certain causes TO be certified OF the
proceedings under certain indictment against Edward
Stokes for the murder OF James FISK Jry lately de-
pending before you, do command you that the trans
crpt of the proceedings i'll said action to wits certain
bill Of exceptions signed by Albert CardoZ0, a former
Justice or IDe supreme Court taken unQer tnt issue
rased by special plea TO the indictment and fled in
the clerks Office Of the Oyer and Termner the SOth
day of April 1872 together with order OF the said
Court OF Oyer and Termer dated the 3Oh day Of April
1874 directing that said bill Of exceptions become part
OF the record herein also certain afiidavits used
on certain motion for new trial herein.
on the nth day OF January, 1873, together
with OF the Court OF Oyer ana Terminer deny
ing the said motion the l4th day OF FEBRUARY, 1873,
contained III the minutes kept by the Clerk OF SAID
Court, also certain papers used motion 10 correct
and amend the Judgment record together with order
entering said minutes denying the same, with all
things touching the certify TO our Justices OF
Supreme Court OF Judicature in and for the First
Judicial District Of the State Of NewYork without de
lay, fully and entirely the same remained in your
tOdy, together with this writ
Witness the Hon. John Il. Brady, OF the Justices
OF the Supreme Court at the Courthouse In the City of
EewYorE. on the LIST day OF April. 1873.
u H. s. .-i CHAs Il. LoEw, Clerk
Allowed pursuant TO statute.
LII JOHN X. BRADY, Justice.
The writ was served upon the DistrictAttorney and
upon the Court of Oyer and Termner the person OF
It's Clerk. The proceeding 10 unusual one writ
of this character has been granted for than half
o century.