Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1873-01-10
eosilusiceaa ~ the stokes Case.

MIS- gFeit applause from the alluls lice ufH
The cos:clusionsd the address, MIiicl, was SUI
8 pressed III The Judge Alter recess Beac
on'li'tncesi reply u the press ctltiou. IN
!. spoke Tor several flonrs, lIc reviewed.
: eng j The II tiinony of sllr principal Nj
: ! ess and called gu liz ID y d Jusls alleih,
= from thesstos VI stokes liln'scli The case VI
: not oie 81 murder. S:ok s early career an
The circumstances Of the murder were cor
: neihetl upon with severity. On the qllesiio
Of premetlitatian, Beach submitted 10 the il
~ on broad principles. whether it tile mo
mcnt q firing the pisGl shot the prisoner ii
tended g kill. When Beach lla.l conclude,
! the Judge at once commented To deliver hi
!, ci.arge 70 The jury. Alter complimrntine Iii
Jury. cOiinsei and press Tor al,sfaining iron
criticism ON the case. lie charged that Ill
quest. Gas we're to be discarded whicI, bore
upon the character and Iiabts or social sur
r"undings. either Of The deceased or pris ent.r
The killing hcing practically conceded, til,
/ question was whether the ilI,ng was erin,
II was agreed Oh both sides that The killing
was either mIr,er III the first degree. man
asIslslcrjn the third degree or justitia lc no
mcite. 10 l.etrrlnine The point vt issue ii
was important to consider whether ther,
two r;stols found; whether the prisoner was
aetiug IN self q fence. He then OK planned tl,4
theory Of the prosecutions that there was but
one. anti OF the defence that til. re were two,
he 'Htimatsd thai the jury might consider
another theory; viz, TINT the pistol found by
the lad was droppe.i BY prisoner S though
this theory was lrreconcilable with tesfi-
mony. No one testified to seeing pistol iii
FISK : hands except the prisoner. SIlen.e OF
THE prisoner when arrested did net neces-
sarily involve guilt. 1t the jury believed that
the pr soner tiredfrun rremeLifatrd desisDts
Kill. without fear or danger, they should find
verdict for murder IL tue first degree. UNI
less they find 4 verdict for mallslanghter ii,
the third degree. and OH the latter point they
was to consider whether there was any con-
fct. and whe her the character Of Fisk,s
was such rs from meuacrs to lead to appre-
hclsipn OF danger. On that point only; Viz.
whether the decreased was'personally a violent
and dangerous man, We're they TO consider
his character. 1t was The duly " tile prispil-
or y: satisfy item that The killing was hot
murder. The Judge thel, explained the klna
o doubt 10 which the prisoner would be en-
titled. aud ii. conclusion said ii wnnid BIZ II
sraat misfortune il the jurr were now to
disagree. Is.
The jury then retired and after few hours
entered abhut eleven o'cl,ck and rendered
verdict OF murder in the first degree. Judge
Boarln1an then deferred sentence until
Monday The anticipation that the verdict
would berendered some time Tonight created
great interest throughout the city. 1t was
hardly expected. however that the verdict
would be r'.n l-re 1 50 soon. Daring tile lat
ter days Of tln. tria some apprehension. was
felt among the friends al the prisoner ut the
pertiuacity and skin with wl,ichilie tesliliio-
ny Tor The prosecution was evolved. still tile
feeling existed among many that verdict |
Lar
found. and tlaf il there was ND dis2 reeIneni |
among the Jury their ys.r.liet propably wonld t
BE- either jnstthl homicide or inanslangItcr, /
The prisoners council will now doubtless APP.
ply tor new trial. as HEY took man. ex-
ctptions during The pr gress OF the case.
When the jury came in to rende their YER
dict there WAS marked sensation Ia The
court room. At the announcement OF the ver-
dict the prisoner turned ashy pale, and his
lister wept aloud. Tie Asst District Attor-
ley Fellows moved that tn. sentence OF the
law be passed: iui 1.-THE suggesiio of Ire
main the Judge deferred passing sentence
Until M0liday.1t has frarspired that the
ury CHI retiring stood 10 for murder iii tile
lrst degree TO 2 for nansIaughteriath the third
legree.
4 Prom Information derived by al, inter-
REV with some If Stokes lawyers it is
Ilonght that no exceptions TO the verdict
lill be taken.
New YoKK January 6.--stoiscs was in he !
ourt Of Oyerahd 'rermner This mdll.ing to
rce.ye his sentence. Iicnaill. his counsel.
lasie an dldress.iil n cation to the bill Of ex-
.'piioLs toti,e judges rulings which hr
roposcd TO offer I he prisoner was then
sked what lie ha.l 10 say why The sentence of
tntll should lot be assed upon him. siokes
said THAT lie Had not violated any
Nv Intentionally; tliat The testimony on ]
'hich lie was convicted WAS manufactured j
u pcrjnred. Jndgc Boartli ali then III a 4
cling address HI With lie alluded to the
isOilers youth and social surroundings. Y
.fltcncrd the prisoiler 10 be hanged, on lp
rislay The twenty eighth day Of February K
.xt, that being the shortest time that could I,
legally allowed i Convicted man. stokes, t.
,sl,sel were III constellation last evening q q
ID were greatly surprised at the verdict, ea
u expressed their Intention oi applying 1T 81 T.
ce TOR Stay ~ proceedings. and ultimately =
possible. to SEEK new trial. 1t seems tiiatl Il
Z Counsel regards the newspaper end pub
clamor about the prrvslasicc 81 murders
BIZ partly responsible fir tile atIvc re YER
It. they should have dtfsT The trial of
case at this time but for the demands OF r,
1 prisoner and lis rpllfiycs.
Durham Mar MARKET.-Ms i. Lllnd | /.
! this day opened u new meat market nm e Z
/ the above caption three doors east OF the 6
uRIER bnillings wherehs proposes II fur I
4 The citizens of Bazeman and vicinity Z = Z,
IA the best quality Of Eecf. Psrk, Mutton. ev'
me FISH and Fowl. II low4st living rates. -
to All. Lund 81 and set lat on the best Of a
buei, whicllis the only kindsl,e
ends TO kill. ss...
scf II, sS,rf,,se ,s.,.s 81, ;ti.,,,. sse