New-York tribune., 1873-01-07

upon Edward s. Stokes, yesterday, for the murder O
Fisk precisely year before The scenes In the court
room we're of the painful charactea as those ON
Saturday. At lOlR the vicinity OF the Court-honse
presfnted an unusually animated spectacle long lines
of men passing nurrledly and eagerly as though
afraid that they too late for something that was
about TO occur inside.
Within the building the same line moved steadily to
the foot OF the broad ta where the sounds OF dspna
ton and indignation and entreaty at times filled the
hall The heads of several policemen were visible above
the rest while their energetic snoulderng kept at bay
dense crowd OF men, who pleaded TO oe allowed to
ascend the stairs damanded the right TO 20 up OF
| perhaps showed badges or credentials.
In the upper han were the crowds'and the same
scenes of demands entreaties, and excuses. Visitors
passed little further, and stopped third time
This was M the door Of the Courtroom, and after the
recurrence OF the same dialogues the crowd passed
eagerly in The pleasant spectacle" for which enough
discomfort had been endured 20 disgust any but Amer
can curiosity seekers was the reception OF the uea'h
sentence by a convicted criminal Inside the Court
room multitude OF lawyers, reporters friends, ana
simple spectators. Scarcely half dozen ladies, how
ever were present and OF Stokess female relatives
| were VISIBLE.
| At1la M Sheriff Brennan and his deputies, Stevens
and Shields entered the room with the prisoner upon
whose face impressed the habual look OF WEAKNESS
and despair He pale and gloomy and took his seat
apparently obivious Of everything around him. Judge
Boarlman walked in directly afterward. but had no
sooner taken his seat asked the crer open Court
than a movement observed IN the group around
Stokes where sat, beside his own counsel, MI Beach
| and Mr.. Fullerton.
Stokes was seen to rise and follow Sheriff Brennan
outside. The conecures to this move many for
the moment and one of the rumors that
| Mr. Beach, whose eye had been fixed steadily upon
Stokes feared pistol shot from the man for whose con-
whispered 10 the Sheriff the proprety OF having the
judge Boardman, by whose side was the Hon. Noah
Davis, the Justice OF the Supreme Court announced
upon the prisoner every head bent forward to catch
the words to be uttered The gray hair and venerable
whole scene. The first to speak was Mr. Tremain,
whose voice was tremulous toward its close with
| sympathetic tears. He said in part
| Mr.. TREMAISs REMARKS.
Counsel for the prisoner have bestowed their most
careful and serious consideration upon the case OF their
Client during the short period Of time that has inter
vened since the verdict rendered. We painfully
aware of the entire inability Of the Court OF Oyer and
Terminer to grant trial upon the merits III Grim
has not been yet conferred by the Legislature upon
highest court Of criminal Jurisdiction. -,.- -.
And although in the Court OF General Sessions, Just
the Park the power Is given In cases OF murder
mers t5at power does not exist here ana therefore if
should hope in civil case for relief on The merits
and should expect In case the power existed that
one might degree Of hope appeal for relief ON
the ground that verdict for lnanslanghter or even
acquta would better promote the ends OF public JUS
ice, we painfully aware OF the impotency of the
Court in this matter
We cannot however, shut our eyes and hearts against
the painful apprehension that the existence OF otner
homieides in this city and the appeals % made Dy the
have exerted injurious influence against this prisoner
tbe CoErt Of Appeals has determined has no power 90
interfere and grant new trial for any erroror supposed
defect.
There IS therefore, but mode Of relief afforded by
the this prisoner in the courts OF this state and
during the progress of the trial Honors rulings
admitting excluding evidence or to your charge or
IN aha he
desire that your Honor as know yon WILL anord every
n TTe by fe Appellate Court of these decisions
OF course it does not become me to say anything more
at this time, have been able 20 give the case any
consideration justify me in saying more than TINS
The counsel for the prisoner entertain strong hopes hat
after a careful and deliberate review Of some OF the
rulings than Honor was able to besIow upon them
| obtained, aud here arises question in practice.
believe that in the course OF ten DAYS from now 1t
nature thrt the settlement may be completed, and
have only ask if your Honor thinks the passing Of
day say day next week, for the purpose OF set
| tling the bill OF exceptions. ..,
longest allowed by the statute. shall leave my
elents case Win y0uF lionGr ,nanik d fs sT % &
scousness that have done all that faithful and de
voted counsel could do honorabiy properly and con
scenously avert the terrible sentence which the
verdict Of the jury renders 1t necessary you should pro-
| MT Fellows-In regard to the time suggested have
only TO say the bill Of executions shall be
| such amendments, II any, as shall deem proper
have now your Honor only TO renew the motion OF sat
urday night that the Judgment OF TINS Court oe pro
| nounced upon the verdict
| Mr.. sparK-Edward 5. Stokes, what have you nov to
say why the sentence OF death shond not be pronounced
| THE PRISONERS WORDS.
The Prisoner-I only say that an innocent OF the
crime of which now stand convicted. did not nten-
tionaily violate any Of the laws Of the land would
also like say that notice in one of odays papers an
interview with one the uryhr Bowles, think 1t Is
in which stated that probably it would have been
better that shOnd have gone on the stand for the
reason that | testified that the pistol through which
Fisk met his death had fired of, when the jury
all had fred IL of repeatedly at Saratoga WITH
have only TO say-f that interview was true-that
never fred that pistol off at Saratoga aud IT never mas
been discharged by me but twlce know that an tne
| lightly by the jury. / feel convinced OF that know
tia, public clamor has been aroused on account OF the
| paused for several seconds) .
viced false from beginning TO end and is nanuiac-
ured and believe the prosecution knew 81, ana the
District Attorney knew IT, the counsel for the prose
| cution knewit when he summed up the case. hope
your Honor will make the sentence Is brief as possible
With scarcely pause, Judge Boardmsn, IN the most
solemn and impressive manner and tone, pronounced
the doom of the waiting man.
THE SENTENCE.
You have been defended by the most eloquent and
able counsel with extraordinary skill and devotion You
have supported and sustained by the sympathy OF
your loving relatives and ardent friends. All that
wealth. affection, industry could do for you has been
cheeruly aud we'll done. jury, carefully selected OF
int telgent aud upright gentlemen have listened pa
tenty and kDnly 10 your accounrOf tins terrible
well 10 the other evidence that has been put 10
your behalf.
They have found you guilty of murder the first de-
gree-the highest crime known to laws-in having
caused the death Of James Fisk jr today
This verdict was wrnng from their judgment-aot
prompted by their hearts an do each juror but
Justice in saying and in assuring you that this decision
the fruit OF unkndnesst to hut Of just respect for
and obedience 70 the law. The evidence In the case
your testimony-I am constrained 10 believe,
sanctions their conclusion and justihes the verdict.
uot conscious, far am personally concerned,
that / have erred in any respect against you.
he of nd I'm