New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-04-25
THE COURTS.
THE STOKES APPEAL.
ARGUMENT or TIE OBSERVATION-DISCLOSURES CASE
TO sE DECIUED EARLY IN MAY.

A1GryMENT OF TIE OBSERVATION-DISCLOSURES CASE
TO BE DEcIDED EARLY IN MAY.
The argument on the appeal of Edward 8.
Stokes was concluded yesterday In tho Supreme Court
General Term, before Judges Brady, Davis' ana
Fancher Nr. Tcemain urged upon the Court not TO
listen TO public camor and expressed bis belief that no
consideration outside OF tho law would be regarded In
the decision Of tho case Mr. Dos Passos followed In
brief argument chiefly devoted TO the consideration OF
tbs alleged irregularities on the last trial.
After he had concluded Dstrict-Attorney Phelps ad
dressed the Court and referred 10 tho opinion OF IRE
siding Justice Ingraham in the Barclay case In when
no disposes OF the objection 10 the unconSutonahV
of the now Jury law. Mr. Phelps then considered the
points raised by the counsel for tho defense on the argu
msnt on Wednesday. Tho motion for new triai' on
tho ground Of Irregularities and newly discovered evil
dence. could not be entertained by the Court no con-
tended II had been already disposed Of by court OF
competent jurisdiction named by the Oyer and Terminer
Nor the points raised by tho return to TIE Ger
uorari renewable by this Court. The issue
upon the direction Of verdict by Judge Cardozo
Ia the trial OF the special plea as TO the legality OF
the Grand Jury, no considered was an attempt to
review tho proceedings BpOn the trial OF pre-
limnary ISSUE which could not be DONE IL was asked
that this Court order another Court to amend Its record,
and ho could not how such order could be made
n. however the Court did see fit to examine into the
proceedings brought mp eerflorar1 good reason
was shown why tho Judgment should be disturbed. AS
tho exceptions the admission OF testimony on the
question VI motive the District Attorney claimed that
they not vol taken, that testimony or the prs
Oner. allowed under excep Ion, as TO tho Mansfield FISK
litigation. admissible to show motive, and being col
lateral higher evidence required. The readngof
the Grand Jury allowed Win the view
OF connecting thcn with proof OF the prisoners knOwl
edge Of tho fct, which, II proved, would make them
competent and that falling they became entirely harm
less, and resulted In no injury To the defeon Inc
exclusion of evidence by which 1t was sought 10 provo
that tue prs0uor in apprehension OF Injury from the
deceased wn5 bO cOnOnned quite proper as no acts or
Fisk could be shown mat wound justify such Tears Inc
only threat offered 10 proved and excluded was tbat
Fisk said he would "rlirOad" Stokes TO state Prison,
and this was evidently inadmisslbIe. Uhc0mmum-
Gated threats could not be admitted as evidence,
and 10 he available to the defendant they
must DO such as 10 Justify hin IN tearing Vlo-
lent attack and injury on tue part OF
the deceased All the rulings OF Judge BOardmaD, the
District ATTORNEY submitted would DO found on inVes-
CATION TO be entirety proper and could have resued ia
injury TO tho prisoner Tue court would NOT there-
FORE consider sufficient grounds Tor reversal or tue
Judgment even A. found to DO erroneous Toe pTlnelpal
exception tho judges charge that On which the stay
WAS granted nc did Lot consider "a well taken, ana
urged that when that portion OF The charge was read In
tho hight VI tho language OF the rest OF the charge theIe
II. II really ODj6ctOndO Die IN itsei
was cured DYwhat preceded it, anu also by what eame
aitrr.
MR. Fullerton mado brief argument at the conclusion
OF Mr Phc.ss address. which he devoted principally TO
an analysis Of the Judges charge, coDtendlng tha
takon ~ whole, Is clearly in accordance with the
law, and Gd cOuilCt with the PROVISIONS Oh tue
statue regarding the law Of murder. :.
Ar. Treinnn riUsct tho argument with an Impressive
appeal 10 the Court in behalf OF his client. urging that
in OF the mauy surong points raised, tho Court
should order a reversal.
judge B.Idy announced that tho Court would render
its decision On tho irst Tuesday In May.