The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-25
THE STOKES CASE.

Conclusion of Argument OF Counsel for
the Prisoner-Ablc Legal Answer OF
District Attorney Pheips-Decision OF
tho Court Reserved.
The court room OF the oyer and Terminer was
crowded yesterday by persons anxious to hear the
closing argument OF counsel for the prisoner,
Stokes, the one side, and Of counsel for the PEG.
pie on the other. The result now lies with the
Court. 1t II but justice to say that the forensic
effort OF those engaged in 1t was equal to the i'm
portance OF the question, most creditable to coun
se aud well repaid the audience whose interest
never appeared to nag from the opening OF the
session to its close. Judges Brady, Davis and
Fancher sat on the bench.
CONCLUSION OF MR. TREMAIN's ADDRESS
Mr. Tremain, Of counsel for Stokes, resumed his
argument. He tsok up the point Of his argument
unfinished on the previous evening" and proceeded
to comment on the ruling OF Judge Cardozo on the
Hrst trial. In which the Judge refused to have each
Juror questioned separately to his verdict on
each count Of the indictment. Counsel closed his
speech with an
ELOQUENT PERoRArIoN.
de said:-sAnd with these remarks I leave this
case. Icannot conclude, however without stating
that we have lett no stone unturned to bring this
case to a speedy hearing. The issue could never
have been held at this term OF the Court If we had
DOT consented. Edward S. Stokes may be exc
cuted-an event which, am free to say, think
scarcely probabe-but should II be so, we win
have the consolation OF knowing that we
have been digent in our efforts to bring
every point in this case under your Judicial
consideration. We have failed, 1t is true in our
application for stay OF proceedings in the very
Court In which our client was tried; we have failed
In our application for an assignment OF error, but
still we have succeeded in bringing before you the
large mass OF this case and we cannot torture our
selves in the future with the reflection chad we
there be any who think that the constitution Is
about to be destroyed and this goodly metropolis
be hanged. whether legally convicted or not, they
have no place IN this sacred and holy presence.
II there be any Of the idoatrous w0rshippers Of
they have no place within these walls: II there be
one man in this great community who cries ont at
has been tried and found guilty according to the
regular terms OF the law or not his voice Is not
down in the pillows with which he is now strug-
Cling. and not bubble may remain on the surface.
memoTy no stone TO mark the SPOT where he went
down. and yet his case viii stand out In the records
OF the cd,lses c1eores' Of this country. This trial
has attracted the eyes OF America and OF Europe.
and your decision will be universal precedent OF
law when your memories shall have passed away.
We shall be forgotten and the material of this build
ing shall have crumbled into dust when we know
this decision shall be quoted where law IS known
Justice, and / know that the voice OF the mob IN
the words Of Cicero, .Insatiate Jfcte" what they
wish done to-day they wish undone tomorrow, Is
not heard in your ears and that your decision will
be according to the grand old maxim, "Let justice
be done though the heavens fall"
an appeal to have this Court review the order OF
Judge Boardman denying the motion for new
denied the motion on the ground OF want OF juris-
diction without going INTO INTO, the merits OF the ir.
appeal for Executive clemency.
ARGUMENT OF DISTRICT ATTORNEY PHsLrs
District Attorney Phelps then began the argu-
nent on behalf OF the people, the leading points Of
which are foll0ws:-
The assignment OF errors in fact should be set
defendants in error to join 10 error, should be
vacated, this whole practice having been
sl,o, BY statute. The motion for . new
aewy 'p discovered o Evidences should not be
entertained by this Court. II there has been no
tion None OF the matters disclosed by the return
70 oe,ttorart can be considered are renewable.
the trial ola preliminary issue, which cannot be
done. But II the Court should see ut to look into
rdrf, they disclose no reason for disturbing this
Judgment. The proceedings on the preliminary
t5s saed n1y by ya Of the o.
was found. The seventh special plea, being
negative IN It's form, required an anirma,
tive allegation that of prejudice 10 the prisoner
rom the alleged irregularities. was distinctly
Ing 10 show prejudice In fact The direction Of the
Court therefore correct The Irregularities al
leged assuming them TO be all proved, are OF no
avail TO the prisoner. There being nothing to war
rant any other finding by the jury, the Court was
right In directing verdict. AS TO the motion for
new trial. 1t Is so clearly disposed OF by the
opinion OF the learned Judge below that 1t is only
necessary TO refer 10 that opinion and the authori-
ties there cited. The denial OF the motion to
amend the record was clearly correct. How IL could
have been supposed that motion to amend the
record OF proceedings at term OF the Court be-
fore judge thereof, signed 10y him, was to be
amended by another judge, ut another term, upon
affidavits, Is not easy to see.
Mr.. Phelps next considered the exceptions taken
upon the trial OF the cause, which are the Iegitl-
mate topics OF inquiry and review here. He con-
sldered these in groups, and noticed only those
that Il might be presumed would be urged here on
~. xt,E In