The New York herald., 1873-10-19
The Court Declines to Let the Jury
Visit the Grand Central Hotel.
THE DEFENCE BEGINS ITS TESTIMONY.
Very Little Oral Evidence, but Good Deal Of
the Former Evidence Read.
PROCEEDINGS OF the SIXTH DAY.


and with more ladies' present than on any previous
day. The prisoner preserved the same quiet de-
meanor, and, as usual was attended by his father,
mother, brother Horace and sister. Most OF the
morning session was occupied by Mr. Dos Passos
in completing his opening for the defence. The
counsel had evidently recovered entirely from his
indisposition Of the previous day, and his ad-
dress, though thought by many as too long
drawn out, was characterized by marked
v1gor Of utterance, and certainly was most
attentivey listened to by the jury. Mr.. James
M. Bixby and Rufus F. Andrews were the only wit
nesses examined. The rest OF the day con-
sumed In reading from the printed testimony OF
the last trial. Most OF the testimony referred to
the proposed visit OF Stokes TO Providence, R. L. in
| regard to horse race in which he was interested
pending the proceedings by Colonel Fisk before the
Grand Jury to indict him and Mrs. Mansfield for an
| alleged attempt to Dackmail him.
! CONCLUSION OF MR.. DOS PAssos' OPENING.
! Immediately after the opening OF the Court Mr.
Dos Passos resumed his opening speech for the de-
fence. He traced the history OF the connection be-
tween Stokes and Fisk, and represented the former
as outraged and injured by Fisk, and the avenues
| OF justice closed to him, Notwithstanding which
| he showed no malice but sought redress by
| the law. Up to the fatal morning OF the homi-
| eide there was not little Of evidence OF
| malice the part Of Stokes on the contrary,
that very morning he was witness in the suit for
| libel brought by Mansfield against Fisk, &c. He
then entered the numerous proofs which the defence
| will produce, that Stokes had an appointment
! in Providence, and was making arrangements
| for going there all the forenoon OF the homicide ;
| that his visit to Mansfeld's house was for the
| purpose OF getting papers connected with the
racing bet to be decided at Providence, and that
his visit to the Grand Central and the en-
| counter with Fisk as he was about leaving
| were accidental, and the shooting done in self
| defence. He discussed the second theory OF the
prosecution, that, the meeting being accidental
| Stokes formed on the instant the intention OF
| killing. He declared that the law the point
is absurd, and referred to Stokes repeated calls for
| doctor as proof that there was no murder in his
| heart. The fact that Stokes only fired two out of
the four shots which he might have fired was also
insisted upon as proof OF his having no intention
to kill. On the other hand, 1t was argued man OF
the reckless and awles5 character OF Fisk Just
the man likely to attempt that which his heart die
| tated-remove the man who had the boldness to
stand up in the courts OF justice to obtain redress
against him, though stokes never succeeded, owing
to Fisk's great power and the influence he had
welded over the Judiciary. The prisoner has sworn
that he saw Fisk draw the pistol upon him, and that
Fisk was likely to be armed would be proved by
constantly in the habit OF carrying pistol In his
concluding remarks Mr.. Dos Passos dwelt
with the Introduction into the metropolis OF
revolving immortality and inaugurating reign OF
lawes5ness, from the effects OF which we are only
now recovering He characterized him as a man
totally devoid OF manly principles and as one who
wouldn't scruple to go down in Wall street and, by
trickery and fraud rob the families of Innocent
men. Fisk, he continued, a person who had
no respect In his composition Tor the rights OF any
| man. He 1t was who precipitated the Susquehanna
Railroad war In his trespass on the prerogatives
OF private citizens and it took the entire service
able force OF New jerseys militia to restore order.
Fisk was not the man to hesitate to put an enemy
out OF the way and the pistol pocket found in the
pants worn by the deceased at the time he was
snot showed that the testimony OF his friends to
the effect that he never carried pistol an
absurdity. stokes was at all times apprehensve
OF violence and death from Fisk, whose vile threats
had reached him and whose murderous proclivities
and the murderous proclivities OF the hired gangs
oil rurians by whom he was constantly surrounded
| TESTIMONY OF FRANCIS NJ BIxBY
/ At the conclusion OF Mr.. Dos Passos' address
| Francis NJ. Bixby, brother OF Judge Bixby, was
called for the defence. He testified that the 9th
OF January, 1872, Stokes called at his office, Mas
sau street. and inquired II an indictment had been
found against him, as he wanted to go to Provi-
| dence.
| Testimony was offered through the witness as to
the prisoner having expressed 10 him lears of his
| lie, owing to threats OF Fisk but 1t was ruled out
| ior the present.
ON examination. by District Attorney
Phelps the witness said Stokes wanted TO know
whether he might safely go to Providence, as ne
feared being brought back on requistion; he did
not say that Fisk would not live to see hlm tried.
The Court then took recess.
PROPOSED VISIT OF THE JURY TO THE GRAND CEN
TRIAL HOTEL.
On the reasSembllng OF the Court Mr.. Treman
requested the Court to give directions to the Jury
to visit the hotel where the homicide took place,
and examine the locality. as the defence con-
their evidence.
District Attorney Phelps said he had no objec.
tion to this proceeding and only asked that 1t be
done under such orders from the Court as to Sc
cure perfect proprety. He had no objection that
counsel should go there with them
Mr.. Tremain said he earnestly desired that the
Court would make 20 opposition, as he thought 1t
important some one should stand at the head OF
the stairs, where Thomas Hart says he was, that
the Jury might Judge II 1t were possible he should
not be seen by Mr. Hill and John T. Redmond But
he hoped counsel would not 90 there, as they
would only confuse the jury.
Judge Davis said there was no necessity for such
proceeding, as the jury could have perfect idea
of the locality from the diagram, besides which it
would be dangerous; that cool inspection now,
without any OF the concomitants Of the scene,
would only lead aside the minds OF the jury from
the question AZ issue to such points as whether
nn Trean 'as the ne not allow T.
the application, and that the District Attorney
Judge Davis-And that the Court, OF its own mo-
granted.
Mr. Tremain-And that counsel for the prisoner
take exception.
MR.. RUFUS F. ANDREWS TESTIMONY.
the next witness called was Mr. RUFUS f. An
drews. He testified that on the afternoon OF Janu.
ary 0, 1872 the prisoner came to inquire from him
Il ne thought ne might safely go to Provdence the
lor TINS reason because some four days previously
prisoner asked him to try II Fisk was getting an
indctment against MIN for blackmailing; witness
went to the ante-room OF the Grand Jury room,
saw FISK and some women there and on his tell
ing Stokes the latter named them, and said two |
Of them were intimatcs OF Fisk; up 10 January |
witness heard nothing Of an Indictment having |
been found, and he told Stokes he might safely go. |
READING THE EVIDENCE AT THE PREVIOUS TRIAL.
The Court was occupied the rest of the day |
listening to the reading by Mr.. Brainerd, counsel |
for stokes, OF the printed evidence OF various wit
nesses taken at the previous trial. The book from
which this testimony was read Is a ponderous |
volume, which, though hardly reaching the pom |
derous proportions OF the famous Tweed indict- |
ment, would do credit to any Congressional de- /
partment report. First in order was read the tes- |
timony OF George A. Cole, telegraph operator; |
then OF Colonel Amasa Sprague, OF Providence, |
Rhode Island, President OF the National Associa-
for the Promotion OF the Interests OF the Ameri
can Trotting Turf; then OF George II. Smith, |
secretary Of the above named association then |
OF John L. Doty and Samuel McGloughlin, two well |
known turtles. There were also read extracts
from trial book OF the association referred to, |
the whole OF the Testimony thus far read having |
reference to the dispute between the prisoner and