The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-09
SUNDAY 1s73-QUADRUPLE SHEET

| ous conseq rences to the last hopes OF the con-
| demned man, a HBiALD reporter called u on
| HIN ut the IOmbs yesterday. AT the time
| Sherin Brennan was within the prison.
| He had called {, acquaint the prisoner with the
| rumor that anoat that Judge Loard an had
refused to grant stay. 1hereporter obtained ad-
mission with some difficulty. and stood Tor o
nom mt In mont OF o,li No. q. whore the prisoner
Is confined. Stokes then came out and was
Why CORDIAL IN HIS MANNER.
The condemned man was dressed in q gray light
aking coat. handsome slippers and white shirt.
careessly out gracefully won. His iron-gray hair
conLrastod win tho pulc look Of his lace. lie Was
smiling, but nervous aud ndgciy. The stove which
stands near mis- cell was open ana blazing hot Dut
Stokes got right mp by 1t and spread out his thin
hands beoro II. rubbing taein hard ~ II
TO uEr THEN WARM
sYou seem cold, r +. Stokes, 1" said the reporter,
by way of ent ,ring into conversat on.
eyes" said lie iauphngly. 81 guess you would
DO cold IL you were placed IN that cell all the time.
II HIS plenty OF water and plenty oil rats-those are
the only advantages can soc bout It,"
He looked up ut the prisoners, nearly oil OF whom
on the tiers above leaning over peering ut him
intently
'Just look at those people how they stare. Any
body would think am wild beast" and no again
gave low musical laugh.
"You have heard Of the decision. What do you
think OF it S' asked che reporter, e
"whst dccision =. said stokes, with 49,
W sHADKoP ANXIETY
Incorporating his conntenanoe. "Tbcre has been
no decision. mas thcfe YN
''Why." said the reporter somewhat embar-
rassed, al understood there had been decision
given by Judge Boardman denying tbs writ OF
error"
"onl guess not" SAID Stokes "ic has post
| Just thea sheriff u. ennAn came walking back
| after having talked tO roster u few mOnents.
| Stokes appealed " ham or u decision Ia the mat
'why, Stokes" said the Sherr. 81 have been
explaining TO you that Judge DOardman has de-
he would grant a writ OF error. but II he did he
would also have to give the say, and this ne will
! not dO.n
But what about the new trial ?" asked Stokes,
"o ,nt that ssid Mr.. Brennan, .has been post
| p0ncd ul,iil next tuesday,"
Then It's alI light,H said Stokes. In a jevia.
manner. ~ don't think BOardman likes to 10 1t.
| HE WILL GRANT A NEW TRIAL
He can't do otherwise. Why there's no lawyer IN
the state more eninent than Mr. uremaln anu ne
| ing reused on the exceptions made. Besides.
many Other lawyers, the best tnat could DO found.
new trial cannot he refused"
"But," said the Sheriff, 'is IL not well in any
| .les, yes" said stokes, rapidly. "After the YER
Dict Of that qry am Tor ntss bof
ajuryman who goes up to the Grand Central Hotcl
| to collect evidenceY"
| III were on jury" said the Sherir, 81 would
| get all the PROOF could, Ia any way could"
| ayes; but" said stokes, argumcntativcy, "you
are bound when on jury, by an oatn, to Judge by
the evidence In the case alone. You are distinctly
GO OUTSIDE OF THE EVIDENCE
for your opinions. Then, DO yOu consider It right
| for q juryman to go outside the Court and thc
| evidence and judge according to outside circum
what h s sees Ss and hears 10
then comes back and gives his opinions to the
other jurors, VINO may be won over by his argu-
ments. You see, then how circumstance like
this, which seems very small, may become OF great
Importance. why, Judge shlpnan Of the United
directory called the whole jury back and repri.
manded this man for going outside or the evidence
to decide anything Tor himself. Is 1t not. tnen'
We'll yes" said the Sheriff; sin that light 1t
"And what do you think OF this man Manches-
ter" continued Stokes, "wnO said before he went
on the jury that he would hang Stokes anyhow p
United to deal with mans llies BY all means
am entitled to new trial. friend OF mine went
and he back satisfied the facts could not have
| been as they were told on the trial"
| "But In case Judge BOardman decides not to give
new trial what Will be the course OF your coun'
| sci ?" asked the reporter.
|
Supreme Court in this state, said Stokes, ''a OF
| whom can give me
STAY OF PROCEEDINGS,
| and on the exceptions which have been taken
know some one OF them Will do this"
"You are entirely sangune as to the result ~
"Oh, certainly said Stokes, smiling; al have no
fear OF that. Mr.. Tremans word is enough for me.
and know my counsel will exert themselves to
their utmost to do all they can Tor me-"
"HOw do you find your sojOuin here 2"
''They treat me well enough; though think they
are over particular In their measures to prevent
liquor getting to me. Why, they are even
pciOus Of cider which has never been denled me
before. Sheriff Brennan tells me they have decided
to let all that comes to me pass through the hands
s bm N iSasS 81 ssoFes came in to Sc.
| him, and the reporter retired.
Going out, the reporter asked Sheriff Brennan
what he thought OF Stokes chances for life?
'They are very bad. am AFRAID, said the Sheriff,
''and he
DOES NOT SEEM TO REALIZE IT.
| wish he could be made to understand that there
| is possibility of the sentence OF the law being
| carried out so that he might prepare himself. He
| is too sanguine by far. My opinisn is that the
probabilities OF his getting stay, now that Judge
| Boardman has denied 1t, are very small indeed.n
| Stokes, throughout the interview, was in the
best spirits and little seemed to realize the pre-
carious position he Is placed in by the decision Of
| Judge BOardman.
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