Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1873-01-08
STOKES CONVICTED.

|
| IN The FiRsT Dt0aEE.
New YoRK, Jan. AFTER an ex
bausti.e excoriaiion Of the witnesses
sgaiust Stokes, Mr.. Tremsine closed hi"
long a. gument for the defence lie was
followed by Mr. Beach for the prosecu-
tion
When Beach had concluded the Judge
Mt once proceeded to deliver bis charge.
After complimenting the jury and the
COUNSEL, aud also the pres. for ab-'aining
from criticisms on the case. be charged
that all questions were TO be dircari-d
which h.'re upon the character and habits
or soci.l surroundings of eitner the de-
c-a-ed or the prisoner The killing be
Ing practically conceded. the que-iio"
war VII. tier that killing was crime 1t
was agreed on both sides that the killing
was either murder in the fast degree.
man-laugh,er in the third degree. or JUS
| ,ifable homicide. To determine The
point al il sue il was important to con
-ider whether there were two pistol-
found. and whether the prisoner was
acting in self defence lie then explain
ed The theory Of the prosecution, that
there were two. He in,im mated that the
jury might consier another theory, viz /:
that the pistol found by a lady was drop
ped by the pri.oner, although thi. theory
was irrecnnc,a bic with the testimony
No one testified to seeing a pistol in
Fisk hands except the prisoner. The
silence of the prisoner when arrested did
lot necessarily involve guilt. # the
jury believed thar the prisoner fired from
premediraied design to kill. without being
in danger. or reasonably believing him
self in danger. they should find II verdict
Of murder in the tirst degree, unl-s. they
tonud verdict of mansIaug hter in the
third drgree On The latter point they
were TO c n.i,ler it there was IL cnnhicI.
aud whether the character of Fisk a. to
lead to an apprehension Of danger On
that point only, namely Whether the
deceased was personally violent or dan
gerous man or not, were they to consider
his character. 1t was the duty of the
prisoner to satisfy them that thu
killing was not murder His Honor then
explained the kind Of doubt to which the
prisoner WIS entitled, aud. in conclusion.
>aid it would be great misfortune if the
jur, now disagreed.
At ten minutes past eight o'clock the
jury retired being allowed two honrs for
such d.lihtrations as would enable them
to form an opinion as to their respective
opinions and the probability of agree
men,. and to repo,, he sane to the court.
and either tS be locked up for the night
or given longer time to come to yer
dict, the court to await their fiat.
The jury came into court at ll:l2
o'clock. having been absent about three
hours. aud. in reply to the usual inter
rogatorie-, answered:
Foreman of the Jury. "Guil,y Of mnr
der in the first drgree"
At the moment that these words pass.
ed the lips of the foreman there arose in
the cour; snch Il terrible, piercing wall
from one Of the you"g ladies dressed in
deep mourning. that it seemed to curdle
the blood Of every ,--n aud woman in
cnurt None who heard it will ever for
get it The Young laiy who uttered this
cry fell forward with her face prone Oh
the shoulder Of The prisoner. Horace
Stokes the brother. burst INTO tears. and
all his friends and relations, by one i'm
pulse, as they clustered around him seem
ed terribly affected.
The District Attorney moved that the
sentence of the law bu pronounced. but
at the suggestion Of Mr.. Tremaine. the
Judge deferred passing sentence until
Monday.
A. Stokes stood up to leave the court
he spoke bitterly to Mr.. Beach. He
said, as he rose
'Mr. Beech. you should he well satis-
fled with your work. aud hofe you are
satisfied for you did ii wei"
Mr. Beech t-xcirediy) No. Mr.. Stokes
| am not satisfied with my work.
Then S,ukes t,ieud- gathered around
him and got between him and Nr Beach
as it was feared that collision nigh,
take place Mr. Tremaine got up t"
leave the court with Stokes. and as h.
did one of the jurors, small dark featur
ed man. with high hat. leaned forward
over the jury box aud said to Mr.. IRE.
maine:
"wrli, Mr. Trem ,ine. | hope that you
do not feel any way bad against Us. a.
we tried to do our duty. am sure YOU
did yours, and worked IA bard ior Stokes
as if he was your own SON"
Mr. Tremaine. l have nothing to cay
Blu, how did sou stand on the jnry
Jury man. Well, do not think have
any right u state that. sir.
District Attorney Fellows. Oh ! there
is no harm now it is all over you may