The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-04
THE STOKES BILL OF EXCEPTIONS

Legal Quibbles Prese nted and judicial
Ruling Thereon to FOllow-Argument
OF Counsel for Stokcs-A Great Deal
Of Noise and Little Wool-Argumen
Still On.
Yesterday, in the Court Of Oyer and Terminer,
after the business of the February term had been
arranged by Judge Brady, and for which two
important murder trials are set down-the case
of the People vs. John Scannell, for the murder of
Thomas Donohoe in November, and the trial of
James G. King for the murder of Anthony F. O'Neill
to follow Immediately on the termination of the
scannel trial-Judge Brady vacated the bench,
and left its presidency for the motion and argument
of counsel on the proposed bill of exceptions in
the Stokes trial.
There was very little interest manifested In the
later proceedings of the day-the hearing of argu-
ment in the Stokes case-although at the opening
Of the Court there was very crowded court room,
and the numerous friends of Scanne and the few
friends that to follow the fortunes of the unor
tunate King made up large audfefEe.
Judge Brady occupied the bench of Oyer and
Terminer at its opening, which the law required
him to do, and after addressing the Grand Jury,
fixing the trial Of the parties arranged on the
calendar to come before him, adjourned his branch
OF the Court leaving the consideration of the Stokes
case to be continued by Judge Boardman.
ARGUMENT IN THE STOKES CASE.
That ofncial Immediately called on counsel for the
prisoner Stokes to resume argument in further.
ance Of the motion for o bill of exceptions.
Mr.. Dos Passos. on whom the heavy WORK of pre-
pairing affdavits, colating from testimony and
presenting his points in the best possible shape
was devOlved, proceeded to address the Court
taking up his points at where they were left Off on
Saturday. Counsel briefly recapitulated the points
previously advanced In favor of the motion-the
absence of the Judge and prisoner during dirrerent
portions OF the trial, the strong expressions OF
opinion on the part OF jurors, the examination OF
pistols and of the Grand Central Hotel by jurors
and the newly discovered evidence of Mary
Bean. He continued his argument, after stating
that in the Foster case it had been decided there
could be no trivialities permitted, that while
It was very doubtful whether this motion could
be made anywhere than in this Court, and that
the right of appeal from its decision was also
doubtful the right of the Court TO hear this motion
was well settled. He quoted on this point very
large number OF authorities and cases showing That
the practice of moving before the Court which tried
also quoted cases to show that this could De done
after sentence. In every other state almost OF the
Union the motion to the Oyer and Terminer could
be made on the merits, though he conceded In this
State IL could only he on irregularities me Court
of General Sessions had by statute, but not by
common law, the power to grant new trials even
on the merits. Proceeding to the merits, the hrst
ground was the expressed hostility OF three jurors.
Mr. Manchester was shown TO have said he would
HANG STOKES ANYHOW;
10 have said Immediately before the trial, III get
Sn the jury on Stokes WIZ hang MN anyhow"