The weekly Oskaloosa herald. [volume] (Oskaloosa, Iowa) 1855-1885, 1873-11-13
STOKES SENTENCE,
The Scene of the verdict-The lndigna
tion ofthe Judge.

Very few, except the council and
the prisoner left their seats when the
jury retired. The women drew forth
their lunch baskets again, and the
men lit their cigars and prepared TO
stick the night out, for the outer
doors of the court house had been
locked and no person from the street
was admitted without authority. So
the dreary hours passed in chatting
about the case until twenty-five min.
utes after ten, when stir was created
by the entrance Of the counsel for the
defence, closely followed by the
prisoner and his relatives, the coun.
sci for the prosecution, the Judge,
and, at halt past ten the jury. In
stantly every sound was hnshed, and
all heads bent forward as the clerk
arose and polled the jury. "Is the
prisoner here ?" was the next inqui.
ry. Stokes and his brother answer.
ed simultaneously in the affirm ative.
The prisoner looked sober and anx.
ious. "Have you agreed upon a ver-
dict ?" asked the clerk of the jury.
For several moments there was no
reply, and the silence became pain
full. Then the aged foreman slowly
arose and said: eve wish, your
honor to be instructed as to the diff.
ference between"-(here the speak
er hesi;ated for several seconds)
"murder and the degree of man
slaughter" Stokes turned a shade
paler. Whatever of hope he may
have had of acquittal had been rude
ly dispelled. The effect upon the
audience was equally marked. 1t
was seen that the verdict would
probably be compromise one, and
that in any event Stokes was certain
of the States prison. Judge Davis
read the law in regard to murder of
the first degree and manslaughter in
the second, third, and fourth degree,
but said that it did not apply to this
case, whereat the defence took an
exception. The jury then retired
for further deliberation, and the talk
ing and smoking was resumed.
AT 20 minutes past IL the Judge,
council, prisoner, and jury again en-
tered the court room, and once more
deep hush fell upon the assembled
multitude. The ceremony of polling
the jury having been gone through
with, they were asked again wheth-
er they had arrived at a verdict !?
To the astenishment of everybody,
the answer this time was "yes."
Stokes stood up. "What say you,
gentleman ?" said the clerk Sis the
prisoner guilty of not guilty ?"
"Guilty replied the foreman, "of
manslaughter in the third degree. 1"
For moment the spectators were
surprised into deeper silence, if
possible, than before. Then, as with
one accord, wild hurrahs, mingled
with the clapping of hands and the
stamping of feet, burst out from all
parts of the room, but was promptly
suppressed by the court.
The district attorney moved for
immediate sentnece, and Stokes was
asked what he had to say. He hung
his head directly, and made no reply
Mr.. Tremaine, however, sprang to
his feet, and made an earnest ap.
peal to his honor to take into consid
Grafton the long Imprisonment and
great suffering the prisoner had al.
ready undergone. lie begged tha
the utmost mercy should be showr
his client. During the harangue
Judge Davis countenance was OBJ.
served to flash with ill-suppresseG
Indignation, and as soon as he got &
chance he burst out with "Stokes
the verdict of the jury has exhausted
the mercy of the court. | would that
the law empowered me to impose 9
punishment more adequate to the
awful crime that rests upon your
guilty head" Then he proceeded
to sentence the prisoner to the full
extent of the statute, four years o
hard labor in the State prison
Stokes friends Immediately gather
ed around him, kissed him, shool
hands with him, and congratulated
him with every manifestation of de
light, until the sheriffs' officers sum
marily slipped them by escorting,,th'
object of it to the Tombs, to await th'
removal to Sing-Sing. This unex
pected verdict is not well received
about town. Even those who object
ed hanging Stokes, say that he
should be more severely punished.