Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-06-11
NEW YORK.
Edward Stokes Tenure of Life.
He has Another Chance TO Rum the
Gauntlet.


ALBANY, June 10.-The Court of Ap-
peals by unanimous opinion grants new
trial to Stokes. There are two opinions
written, one by Grover, the other BY R'p-
pallo. The charge is held to be erroneous
on the point that the law presumes murder
from the fact of killing, and calls on the
prisoner to mitigate or justify; also there
were errors in excluding the proof of threats
BY the decease to kill the prisoner; also err
ror in permitting Mrs. Morse to contradict
Jennie Turner In a collateral matter called
out on the cross examination OF Jennie,
namely as to whether she left Mrs. Morse's
against her wish and because detectives
we're after her soon after the homicide.
There were other points discussed, but
these are the principal ones.
New YORK, June l0.--When Stokes
was informed of the decision of the Court
of Appeals, granting him 3 new trial, he
expressed himself well pleased, but added
quickly and somewhat sadly that the report
might possibly be untrue, and the disap
pointment would be all the greater if such
proved TO be the case. His counsel, Nj.
Dospassas, relatives and friendssoOn arrived
at the tom5s, and there was good deal of
rejoicing among those interested at the
favorable discision of the appellate court.
Dospsasas says: Upon the next trial we
will prove to the satisfaction cf the New
York public that there has been g gross
misapprehension If the case from the day
of the tragedy, and we will be able to estab-,
lish the fact of his innocence by evidences
of an overwhelming character.
Bets on the decision are in favor Of
Stokes. ...-...-.r-
Miss Kinda Gilbert, of Chicago, who has
been successful in raising libraries for many
State and county prisons, is in this city col
lecting library for the Ludlow street Jail.
Edward S. Stokes has given hundred vol
umes. f,rt f-k
The New Jury Law. sSz
The opinion of the Court of Appeals in
the Stokes case inferentially declares the
constitutionslity of the new jury law, under
which the formation or expre ssion OF an
opinion shall not operate to the exclusion
of juror who takes the oath that he be-
lieves he can render an impartial verdict on
the evidence.
waIworth.
The Grand Jury have found an indict-
ment agai st young Walworth, the parri-
eide, of murder in the first degree.
Repeal of the Bankrupt Act Urged.
Al q meeting of the Bar Association this
ev.sning, VIM. EVarts presiding, resoiu-
ton was unanimously adopted, that COM
mittee of FIVE be appointed By the Prasl-
deIlt, to consider the expediency Of peti-
tiolling Congress for the repeal of the
Bankrupt Act, or for such amendments of
the same as shall render its operation less
onerous to the commercial and other inter
ests of the community.
Negro Equality I'm New York Thea.
t HG tres. G "a
The counsel for Lester Wsllaek have put
in their answer to suits brought by several
cOIored men who were excluded from his
theatre. 1t takes the ground that the es-
tabtshment is conducted as q private bust
ness, and that the proprietor has the right
TO sell tickets or refuse them at his discre-
ton, or to revoke them after they are sold;
that the tickets in the cases in question
were sold to colored men under the supposi-
ton they were buying for others, and that
they were not excluded Oh acc punt of col
or. Wallack declines to swear to the an
swer, and the counsel for the colored men
will not accept l. as an answer until veri-
fec.
Caught In the Act.
Thomas Mcclure, letter carrier, was
caught to-day in the Scs of robbing 8 mail
bag in an alley way, and was sent to Lud-
low street Jail.
A Habftual Criminal.
In the court of Oyer Terminer to-day
a long opinion was read by the presiding
judge in the case of William Warner who
applied for discharge from prison where
hewas sent under the habitual criminal act.
The Judge holds the act TO be constitutional
but discharged Mr.. Warner on the ground
that the proof of previous conviction was
not sufficient.
A "Dector."
DR.. Julius E. Julian to-day was sentenc-
ed to one year imprisonment and TO pay a
fine of five hundred dollars for sending OBJ
scene publications through the mails.
Clemmens. EAt ~
Mark Twain's suit to restrain B. A. Suck
from publishing book bearing Twain's
name as author was argued before Judge
Ingraham to-day. Decision reserved.
Charitable Rivalry.
Eight hundred dollars was paid to-day
for box for the foundling asylum b neft
performance at the Acldmy of Music
Thursday. The auction sale of boxes net
ted twenty-five hundred dollars.
A Japanese Yank.
Gen. Geo. B. Williams, special financial
commissioner from pan to the United
States and Europe, arrived this evening in
the steamer Algeria.
ST EnEITS