Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-01-09

/ oner; the doubt must arise legitimately
out of the evidence. II must not be a
I doubt out of your own judgment
Now, gentlemen, il is not ordinarily
! or even naturally the case that twelve
honest, intelligent men disagree In their
/ judgment of a series of facts laid before
/ them. Jurors generally do agree. They
hear the evidence, consult together, and
in the mas of cases agree upon the ver-
/ dict they shall render. Sometimes when
Jurors are actuated by sordid or merce-
/ nary motives-when they are Influenced
/ by passion, by prejudice. BY sympathy
OR when Jurors are obstinate or un-
/ reasonable, unwilling to listen % thc
/ suggestions Of their fellows. or n hear
! considerations urged-in such cases il
not unfrequently happens that Jurors
may disagree; but | apprehend that 10
your case we ought to expect no iBfiu-
| enee of this kind. 1t is a case Of great
| consequence. There is very serious
duty imposed upon you. Nevertheless,
/ il is imposed by law, and to be dis
charged by you faithfully and well.
/ This prisoner is either guilty and should
/ be punished, or is innocent, and should
! be set at liberty 1t is for you 10 say
which. A disagreement of a Jury is an
/ act of injustice in one form or another,
/ and it is, therefore. thing to be depre-
Gated. / am led to these remarks by the
| fact that this case has been once tried
and that the jury failed 10 agree. It
would be a misfortune that you should
also tail to agree. / therefore, earnestly
ask you to divest your minds of all out
| side feelings and confine yourselves TO
/ the evidence. Look il over carefully,
! canvass it fairly, and draw such conclu-
! siOns from it, after mature considera-
/ ton, after concession and argument, as
! shall seem TO you to be Just and right.
! If you are honest men, as believe you
to be, you will do it. / submit the case
| to you
/ 4 Juror asked the court where Mr.
/ Stokes first saw Mr.. Fisk.
The court replied, as he was coming
in the inner door.
| Mr.. Tremain and Mr.. Fellows asked
the court TO charge specifically certain
of their written requests to charge, and
| Mr.. Tremain took exception 10 certain
portions of the charge of the judge.
The jury retired at STOP. m.
THE VERDICT
After the retirement of the jury the
Court became comparatively deserted,
not more than fcrty persons, including
reporters, having remained waiting for
the verdict. The prisoner and his
! friends retired To an adjoining room. and
the lOungers about freely discussed the
/ probable result Of the jUTy's decision.
I Every one admitted that a verdict of
manslaughter in the third degree would
be a ridiculous conclusion to arrive at.
/ 1t should be murder or no murder. and
on this point they were apprehensive
that New York jury could hardly be
found who would unanimously render
! conviction in this case.
At Hi Judge Boardman entered the
court, and Immediately after the prison
. er and his counsel. -Four minutes later
the jury returned and took their seats
I amid breathless silence. After answer
ing TO their names, the Clerk said
! Gentlemen. have you agreed upon g
/ verdict 2" Upon which the foreman
said: 1--WE have" Tire Clerk then
said: prisoner, look upon the jury.
Jury, look upon the prisoner" Stokes
/ and the jury then rose. Stokes. on ris-
ing. fixed his eyes upon the jury and
scanned their faces eagerly. The fore
man Of the jury then announced that
/ they had agreed to a verdict Of murder
/ in the first degree, WhereuDon the pTis-
! oner's sister broke into weeping. The
! jurors were then pOlled and each gave
( his verdict
The Assistant District Attorney then
/ moved for sentence, but on the motion
| Of Mr. Trcmain II was deferred to Mon
day.
/ Mr. Fellows then rose. and, after few
! remarks relative 20 his position as prose
| cutting officer, stated that he had posi-
| lively refused to 90 on with the case IN
/ less Mr.. Beach and Mr.. Fullerton. or
some other prominent legal gentlemen
were associated with him. and that they
! (Messrs. Fullerton and Bcach) had un-
| willingly consented to try the case with
] him, at the request OF the District AttOr-
ney. and without any fee from any men,
I her Of Nh Fisk'S family or bis friends.
Here the prisoner interrupted the speak
er by saying, Nor from jay Gould 2"
( Dir. Fellows. however, continued his re-
marks, thanking the counsel for the de-
Tense, his associates and the court for
their courtesy, and finally concluding by
cOngratulating himself that his three
years of endurance of such scenes as he
there saw would not hereafter fall TO his
lot.
Judge BOardnan, IN c few brief words
Of thanks. dismissed the jury, and adj
iOurned the court TO Monday.
The prisoner then shook hands with
his counsel and friends, and was taken
into one of the ante-rOoms adjoining the
court. and from thence was afterward
removed to the Tombs, in the custody
of two Deputy Sheriffs. Prisoners
counsel was evidently surprised at the
verdict. and Mr.. Tremaine especially
/ seemed to be quite overcome. 1t is said
that 4 verdict of manslaughter IN the
/ third degree or an acquittal are the only
two verdicts they had anticipated
When the jury had been out two hours,
| Stokes and his friends seemed to be con
/ fident that they would bring in a verdict
of acquittal, but when the third hour
wore on they began to think there was
a possibility of some other verdict.