New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-28
ADDRESS FOR THE PRISONER.


GENTLEMEN OF THE JURY: This is the third
time It has been my professional duty before jury to
plead the life Of this prisoner on the second trai
he was sentenced for murder In the first degree to be-
hanged; but the law of New York has advanced beyond
the law Of England. While IN English Jurisprudence II
man is convicted he has remedy upon the facts ex
cept by ASKING the Crown that pardon be granted to
him AS matter OF royal favor in New YORK we have
gone beyond that STEP and while IN civil cases OF ID"
most insignificant character the power - gwen TO tho
appellate tribunal grant new trial. the legislature
has said that criminals shall have the same right They
cannot grant trial because the verdict was wrong.
for the responsibility rests on YOU aud such
az you gentlemen, OF deciding the fate Of IL
human-but they do give the prisoner the right
to any exceptions he may take TO the rulings OF the
Jadge who presided trial such, for instance ~
charging jury enormously upon propositions OF lsw
or refusing to charge in accordance with legal and
proper rules In Of murder bis exceptions are
naught except he can procure from Judge OF the
Supreme Court who looks into the record, sta, of pro
ceedngs pending the appeal Such stay was made in
behalf OF ny client Stokes, by the learned and ignfed
Judge who presides on this trial. The east was fAly
argued hun and the result was that the stay wa
granted. Reluctant as l am," are his words
Il regard it as my duty to grant tins
writ ana allow this stay" Aud take
occasion to say that, no matter what
may he the character OF the charge which will be the
last words heard by you except the prohounene OF HE
or DEATH the prisoners counsel will ever cherish the
memory OF that the part Of the humane Judge In
allowing this prisoner an opportunity 10 gain ne"
hearing from the last court OF resort. The Supreme
Court OF the district be sure, affirmed the proceed
ings but the went to still higher Court oi law
of great learning and experience, and thank God :
humanity and charity trumphed. The case wa argued
there by myself aud the learned District Attorney aud
when the question was put TO the seven Judges;
Shall this conviction be reyersed the fourteen hands
.,ha a.,
have here gentemtn pamphlet containing the opin-
ions Of that court on reversing the judgment IN this
delivered by two Of the most cautious judges Grover
and Rapalo laying down certain rules In the criminal
law under which have been permitted 10 lay before
you mass Of evidence TO which shall have occasion 10
call your attention. II Is therefore, owing to bis
Houors first effort that weare before you TO await
the Judgment which you to give upon tho guilt or
innocence of the man. according TO your oaths.
A THRUST AT THE DISTRICT ATTORNEY.
Some extrsneous matters have come into tins case
to which, before proceed, shall have TO call your at
tenton. The Assistant Distrct-Attorney In opening
this cause while pretending great fairness IN eauonnS
you to take too much into consideration the charae
ter OF the prisoner said that that character would not
without fault The prosecution had no rgbt 70 try 10
Character would not bear scrutiny, and that BE- w9s
guilty or improper intercourse with 10" woneo n,-
such unfarness on the part Of the of
people as against the prsonerI Al '"s inrt,.,,s =,
scter was bad. they had an oppor.aJ'p 70
nut the proof before the jury, nut tney
did not and could not assail the charactet OF the
nrisoner from the tune he came 70 this city frOnh
PhiIadslnhia an industrious and noble young man, ~
.eek h,a fortune Again, the Assistant DlsristAtor
No. a., orIer ro establish motive for the murder,
oib von an Indictment had been found against Stokes
;y,re nv Fisk and that stokes knew IT, IL turning
70 NJ RUSSELL you have any proof that an indictment.
hsJ heen found you threw IL 10 the jury the proof
ought 10 be your office; am willing you should pro
Jce A. and should be evidence ia tins No.
Sri The indictment not found. Is was ordered
hnt the vote may reconsdered, and II Is not tndc
ment until it eIgued Nor did stokes know this Aud
ben that young land here Mr.. TreInaD shaxIpg
hs hand with great vehemeDce in the face or
Mr. RUSSELL grew red la the face and almost shouted bis
wor,sl sand that, he said what not rus, and he
knew not true!
Mr. Russell interrupted Mr.. neman at this taUeturc
TO ask lie meant that the indictment not found
the day Of the homicide. Mr.. Treman said he meant
before the hoDocde; but here Judge Davis began rap
ping sharply with his giyel, intmatng that tho eoun-
sells language was needessy harsh and out Of place.
and bale him conhne himself the direct ssuses OF tho
Lest I be misunde rstood resumed the counscl ana
lest he thought To uuderyaue too The govd an.
tentions Of the Young Assistant Disulet Attorney.