The sun., 1873-05-08

When the news of the decision Of the
General Term reached the Tombs yesterday,
Edward :. Stokes was in the counsel room, con.
versng with his father Both had been hope
ful, and both were laying plans for tho future Ia
the event of the fulalment of their hopes The
story of their disappointment first came to them
in the columns Of an evening newspaper. The
elder Mr.. stokes bowed his head, and gave es.
preston TO his grief in a few smothered sohs
Upon the prisoner the news seemed To have no
effect lie was seemingly a. iovial as ever and
tried to console his father.
AT about IL o'clock stokos's counsel Joined
him in the room. A long consultation fol-
lowed. In which the father took no part, but the
details of which he followed closely. IL was
half past before the lawyers went away, and
his solitary cell.
1t was here that tho reporter found him. Ha
was dressed with sCrupulous care, and smoked
a small cigar, whose flavor permcated tho corri-
dors. AZ the reporter approached, Stokes OK
tended two fingers of his right hand through
the bars. and greeted him with a pleasant
Good afternoon, ! am glad To see you"
Reporter-Mr. stokes, have called to ask
what your next move will be toward obtaining
new trial.
stokes VIII you have q cigar? Ny nett moye,
game Is not up yet, and have every hope Of n
successful issue.
He smiled "a he said this, and It was very evil
dent that he was the same bold, hopeful spirit
which has mltigated the gloom Of the Tombs
for the last year.
Reporter-Thls must be great dsappoin'-
ment to YOU, Mr. Stokesf
Stokes Disappointment not in tho least. IL
could not have happened better for me. You
see, Judges Brady and Fancher delivered elabo-
rate opinions IN support of the decision, bus
did not assent To the decision. All this, you
see, is in my favor, and have no cause to he
disappoi ointed.
Reporter Hut you certainly hoped for favor
able decision to your plea.
4 Lucky DECISION FoR STOKES.
Stokes What difference would 1t maker Had
the General Term granted me q new trial TIC
the case To- the Court OF Aspeals. You see was
the plaintiff and he the defendant in this suit,
snd nc had a perfect right to appeal had the case
gone against him. II was only a question:
whether he or should go To the highest court
Rcporter-I understand that now. When do
you expect to be resentencedy
Stokes-1 shall not he rescntenced at all. Dis
trict Attorney Phelps acted like a gentleman,
and said that he was willing for me To go To tho
Court of Appeals at once. You see, In or,li-
nary case should have been resentenced, and
then must have applied for new s.ay Of pro-
ceedings before anything else could he done.
But the District Attorney aud my lawyers came
to an agreement by which am saved the DIS
grace OF the one and the trouble OF the other
proceeding. The case will probably he argued
at the regular term OF the Court Of Appeals nest
month, and then feel certain that shall get
Justice. You see the di sent OF Judge D1vi- to
the derision to-day will be likely 10 have great
/ influence on the Justices.
Reporter--Hsd the District Attorney anv
right 10 make an exception in your case to the
general rule which has been established In eases
of this kindI
Stokes-That is a question | cannot answer.
As Ia the right ~ the thing | know very little.
only know that he has done IL, and suppose
he knows his rights bctt ter than You or L.
Reporter Very true. Have vOu ANYTHING 10
| say to the public, Mr.. stokes, through THE Srsf
, II so, snail nc happy to serve you
stokes Say only this. | am happy aud 'on0-
| dent. think that ] have a good defence, and
If am allowed fair trial viii prove that an
not guilty of murder ~ the law OF this state de-
fines IL. | can do all this, and ask only CONF
mon justice when demand new trial.
Reporter-lf the Court Of Appeals should ~
1rm the last judgment In your case, what val
. bc the next mover
stokes tsnilingl That Is question for the TT
ture. and ! "an give you no answer. Rest az
sused Of this, however, that evory eGort VIII be
made IL secure justice for me.
At this pOint the conversatiOn ended.