The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-04

now offered to prove by this witness that Parker
and S stokes 1 were together ,n u...,o ana :, wa,
answered as above.
JOHN R. KInBALL,
| sworn Prior to the homicide OF James FISK
knew Stokes and Andrew Parker.
Q. State II six or eight weeks prior to the shoot,
the Holman House together A. we were. 49,.
Q. DID you on that occasion introduce the
prisoner to Mr. andrews, A. did ,s SIR took place
between Andrews and stokesf A. ai' NV A'''
TEE PROSECUTION REST.
The prosecution stated that they wou nco Tea
here Mr.. townsend, for the deence reeane fo
az sO gonr over Oh ground. His brother,
| a0HN sTAPLEToN,
"a Mr. IoWnsen said that he proposed to show by
this witness u.-t on the 9th OF January Thomas
what he had feen at the Grand Central Hotel to
the witness; so that he saw lady pick up
Inc evidence was rejected by the Court and an
Before he ieffShe stand he was cross-examined
as to his busins-s and the frequency OF his BROTH
er's visits to hI+ while he kept liquor saloon IN
Pike street. rs quaint and comical replies OF the
witness Kept tln assemblage in roars Of laughter
A recess was here taken for an hour.
After the Cor I had reassembied Mr. Lyman Ire
ess sence arse and nr e 70 address the
jury. 1t was understood that no restriction as to
time should be placed upon him. He commenced
by thanking the jury for their attention to the
case and the Judge for his impartlallty. In more
than thirty capital cases counsel had taken part,
either as Attorney General or private counsel, and
never mad he known the scales Of justice held with
nrmer or more even hand. Here was the defend
ant young man never a before accused Of crime,
by the ofhcers Of the law and imprisoned In o
and Time has imprinted on his head the marks Of
premature old age. His venerable father sits be-
you with beating heart and , fearful eyes
or consign him to feon's death. Beside him, too,
sits his mother, where true woman should be-
too, awaits the words that Will give her an emanci-
pated son, or give him to the hands, 1t may be, OF
only brother LETT, and cousins, men Of honorable
| name connected with the business interests Of
the city, awaiting the verdict OF the jury. Con.
WINGED, as am, oil his innocence, and that he was
brought here through the associations he formed
with the man whose death forms the subject O.
to impress upon you the convictions which are my
own.
THE STRUGGLE AN UNEQUAL ONE.
The whole power OF the state Is against this pris
oner. The detectives swarm on every hand
Against him appears the counsel appearing for the
ceived kindnesses from the prisoners hands. In
view OF the array against him, the prisoner has
such friends' Associated with him are two veteran
counsel, selected Tor their ability and learning
and who have pressed the case so that 1t would NJ:
Court with the bleeding scalp Of this young man
upon their shields. The struggle is wholly an un
equal one, but nevertheless do not fear to come
before you, and rely upon your verdict, which can
| be nothing else than total and absolute acquittal
Counsel denied the assertion Of Mr.. Fullerton, that
THIS CITY HAS BECOME A BYwORD TO THE CIVIL
lied
world on account Of its absence OF justice against
| criminals. Ftr time bad men were In high posi-
tons, but now the judiciary Is honorable for the
people rose NJ 70 overthrow the bad men, and they
did SO at or about the time when the earthly career
| OF James Fisk terminated. No counsel for the gov
eminent has right to state In his opening what
he cannot put in evidence, and 1t Is vain. Tor the
Judge to guard the jury against improper influences
II such statements as Judge Fullerton's as to the
| number OF n0Jsicides reported IN the papers were
! to be introduced; and II any juryman SHOULD con-
| slider those homicdes as an argument to be
used against the prisoner he would prove false to
his oath, to hie country and his God II any OF the
the Shrek OF the counsel for the government, vain
| was the discrimination exercised in selecting q
| jury. Counsel continued in an able review Of the
testimony given on the trial. criticslng with lega
| acumen whatever appeared to him as the weak
points OF the prosecution, and enlarging and en-
| forcing upon the mind Of the jury all the SALEM
coignes Of vantage which his own able cross-exami
nation OF tie witnesses for the prosecution re
vealed and the presence Of unexpected witnesses
for the defence developed Mr.. Tremain commenced
his summing mp at halfpast one O'Clock, main
tanning his able resume Of the case and his com
ments thereon, and his appeal to the Judgment
| perhaps, but certainly to the sympathles, OF thu
twelve men In the box as he proceeded in a verl
| eloquent manner, up to the hour Of adjournment
| Mr. Treman had not concluded, but will resume
| and close his address this morning.