New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-22
THE COURTS.


NEW TESTIMONY FOR STOKES
THE THREATS OF FIsB-A WOMAN CLAIMS TO HAVE
BEEN A PISTOL IN HIS HAND AT THE TINE OF
THE SHOOTING.
If the Stokes trial should last two weeks
longer the attendance Of spectators wond consist almost
entirely OF ladies' at the present ratio OF daily increase
In their numbers. As the OF the ease draws near
the interest ia the testimony brought out daily by
the defense Is Of the most absorbing kind. and the
silonce 10 the courtroom gratifying 10 the counse
and jury engaged in the case could be desired.
The first witness called by Mr.. Tremain yesterday was
j. f. Pitts, young man about u years old, who was AZ
the time OF the murder clerk In the Erie Railroad
Office he sometimes sent with messages TO FEk'
and occasion while in the wsshroom OF the ONCE
he heard door SIAM aud looking around Col. FISK
put pistol into his hip pocket Pitts subjected 10
very during which he said that
tho pistol in Fsks hand and again, that IL
under his right arm, and that he TOOK down Win
his left hand passed TO his right, and thence into the
hip pocket 1t not strange he thought, that man
should have pistol under his arm while dressing.
John Rockwell, q porter at the Grand Central Hotter
testified that the afternoon of the homicide about4
o'clock he ordered to to parlor No 10 TO search
for pistol he made minute search, but did not hnd
one he looked the sofa and all through the room.
Adeue Barker, widow. residing az No Ga Leroy-st.,
testified that she used to wash for the Morse family
while they we're the Grand Central Iotel one day In
December 1871, while she was In their room' she "a"
gentleman whom she did know conyersIng with one
of the Morses and heard him say I'm wipe nm OUT
the cur, III shoot him; I'll send him before higher
court than ever before I'll shoot him as sure as
INV name is Him Fisk;p the young lady said O don't
shoot him. remember the gallows - he said, 1.-THE gal
lows was never made for Jim Fisk" On erossexamna-
ton by the strotAttorney, the witness was askeu,
"Who was there first You the gentlemani" Il was
there first and the gentleman passed in after me-"
O. what did he doi A. He kissed the young ladies,
Sir. GGreat laugher]
O. What Did he kse both OF themi A lie ksteo
both OF them. Sir, before he sat down.
O. How diu the conversation about A. He sat
on the sofa; the ladies asked what detained him. ana
he innped up in passion and said: &" was kept by
This Stokes trial hut he won't trouble me much longer
I'll wipe him ont I'll shoot him, the cur"
To Mr. Tremain the witness said that Fisk also de-
elared: III go prepared for him." he put his hand
back and said: I'm go prepared for him; have
little rascal here"
Judge Davis-A little what
The wItness-A little rascal; suppose he meant
pistol.
Mr. Phelps-why didn't you tell me about the little
rascalF A. forgot, suppose
James g. Byrnes broker, testified that early In De
cemher 1871 he was in the Grand Opera House one
night went out the acts and while at the bar
overheard Fisk who was cOnversing with some one,
mention stokess name aud no had got out OF nm all
the money he had, and that now he would wipe MIN out
and not leave o grease spot Of him; the witness com
municated Stokes the next day; on another oc-
caslon heard stokes at the HOLMAN House that
be was afraid of his life.
Mrs Mary Dcane Of No. 32G Tbirtytrst-st was very
important witness This witness did not testify on
either of the former TRIALS but made an affidavit which
was rean the application made for new tral she
daughter OF w. NJ Tweed CNrs. Maginui) In New-Or-
leans she became acquainted with FISK az Long br9n
ladies' entrance Of the Grand central hOte anu saw
Fisk IN about minute or two he came OUT WIN
An excited and flushed face she then saw MN thrust
his hands behind him and draw pistol ne Placed poth
hands the weapon, pushed his cloak itue hae anu
stairs Immediately after this she heard two reports OF
a pistol. The witness cross-eXanined Tor three
quarters of an hour, but ana not commt hersen ater
which said that she did not wish To dvuge what e
prior the conviction Of the prisoner because her
husband told her that il did she would be locked up
After the second trial she found Mr. Iremans address
lanes brennan Of No 524 West Twenty-sixthst,
another important witness, and made the most positive
Central Hotel Brennan witness for the prose
cutOn the OF Justice Dunn the House OF Refuge
boy who stabbed his keeper and was IN the House OF
a"nfned there: he became acaiainted with them ana
learned the first day OF his Acquaintance with them
that they witnesses III the Stokes case he had re
peated conversations with the boys; Thomas Hart told
MIN that he knew nothing about the shooting. aud
In another part Of the hotel when II occurred he said
also that a person had offered him $1,000 II lie wonid
swear az he was told; witness told him to look out or he
would be sent to State Prison. whereupon Hart retorted
that lie didn't care, as lie hau the DsSeht people Vi e"
York at his back.
On crosse Examination Brennan said he went 20 the
House OF Detention from the House OF Refuge where he
sent for stealing watch HIS real name was
Thomas Casey. He admitted lie was the same one con
yicted in the General Sessions III June. l6l After
recess Casey again took the stand. In the reexamna
ton little Of interest was brought out MI. Russell
again took Casey in hand and questioned him further
until the junior counsel for Stokes became 50 eXas
perated jumped his feet, and In severe ana
excited tones characterized the mode OF examination az
outrageous. He 90 excited that the Court ofuereu
the TO proceed. Mr.. Tremaln remarked that he
would probably desire ask the witness more qnes
uons Judge DAVIS said that Brennan must be kept in
custody and when the Court adjourned he must be
removed to the Tombs.
samuel H. Mclaughlin. dealer in horses, was next
placed the stand. Mr.. Tremain said, before exam
lining the Witness he would like 10 introduce certain
statements made by the prisoner prior 10 the shooting,
which in substance showed that he IN fear OF MS
lite Counsel made long argument in support OF this
offer TO introduce these statements citing many author
ities. and making strong appeal To the Court Inc
whole based on the assumption OF the ue
that he had apprehcnsOns In his own breast OF
great personal violence at the hands OF FISK. Inc
speaker said that he mad body OF evidence TO show
that would asOnish his honor He could show that tine
prisoner dared not leave his home 10 In the public
streets unless covered carriage. lie felt that every
went out he In fear OF being stricken down
by an assassns bullet. He had the fate OF poor Eaton
before him. who assaulted and beaten by flsks
birelngs.
The District Attorney said that counsel failed TO cite
Gle which hearsay had really been admitted,
aud he could find single Instance In the whole his
tory OF English Jurisprudence in which sucn testimony
had ever been recognized Samuel Mclaughlin testified
that occasion he and the prisoner lett the hon
man House in company; Stokes pointed out two men
he said, following him and trying 10 kIlI MIN;
Fisk had sent them. Stokes appeared crazy about III
he asked witness 70 get coach for HIM. and pulled OUT
his pistol.
Otner witnesses examined and comparatively
uninterestinR testimony read. IL was $50 D. H.
when tho court adjourned.