New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-10-18
The Trial Of Stokes

I The trial of Edward s. Stokes for the
| murder of James Fisk. Jr, was resumed in
! the Court of Oyer and Terminer Yesterday
| before Judge Davis. BENJAMIN H. Watson.
who had been ordered to show cause win J,
| he should not be committed for contempt of
! court in having spoken of the trial to a,
gentleman who had been summoned as a
Juror, appeared and convinced the court
that the conversation was purely accidental.
He Was h0norably exOnera5ed. Before the
calendar for the day was called Judge Da-
Wis directed that all the witnesses prt sent
be taken to an adjoining room in order to
prevent their hearing the testimony taken
relative to the competency OF jurymen.
The first gentleman called was William
rOriv. William p. Clarke. FitzalIep
Flynn. William +. Grinnell, j. j. Elassin.
Jr., and p. s. Muller were excused for
having entertained opinions. Thomas H,
Montgomery formed and entertained an
opinion in relation to the merits of the case,
but he did not suppose 1t would influence
his Judgment as = juror. Mr.. Tremain OBJ
jected to the witness observing that it was
hard case that the prisoner was to be
tried for capital offense by jury which
had already formed opinions as to his guilt
Judge Davis said that the great difficulty
experienced in the selection OF Jury under
the new law was a proper discrimination
between those who were qualified and those
who were not. 1t was indlsputable that
when a homicide was committed under the |
circumstance which distinguished the |
death of Mr.. Fisk. the public mind was |
quickly aroused to anger. and prejudices
and opinions then formed were difficult to |
DE repressed. 1t was thus impossible tn |
secure an intelligent jury of men |
who had not formed an opinion, |
and when man stated upon his
oath that Mad not formed an opinion mt |
was fair to suppose that he did not possess
sufficient intelligence to judge of the merits
of the case. On Mr.. Tremain's objection,
the gentleman was not accepted. Joseph
DeGrath said he was manufacturer of
patent medicines, and was so busily engaged |
that he had not time to read the proceedings
of the previous trials of the prisoner. The
counsel for the defense signified their inten-
ton of accepting him, but he was chal-
enged peremptorily by the prosecution.
Charles Drake had such decided opinion
IN relation to the case that he was directed
to stand aside. Ebenezer Hurch declared
hat he could not consider the evidence i'm
and he was excused Charles |
Fries, Adolphus Liglel, Jr. and Joseph
frank were excused because they enter
aimed opinions that would prejudice their
I'D gment. Joseph kaughran consid- A.,
red that tire shooting was "a bad
w. 1lC was dCCtptCu Wy tUS ueIenso, |
'us was challenged per- mptorily by the
William G. Bnrnstein was OK. I
mined at cOnsiderab BILE length. lie declared
hat he believed he could render an i'm. | ,,
'artia! verdict on the evidence. The de. :
ense was willing to accept hims shut he was q
irected by the prosecution to stand aside
ma rles Bondy had an opinion which the
vldence could not change, and he was re- b
'cted. Frank Eames was rejected on the t
hailenge for principal cause Cyrus Deadey h
nd Cornelius Davidson entertained opin- | !
ms OF such character as to prevent their | +
crying On the jury. Edward j. Curry 1 q
as excused. James Detos Cen ter. wine !.
erchant, doing business at No. 42S Broad = =
ay, has read the reports OF the previous .
ials OF the prisoner, but he had no hesita- n
on in saying that if placed on the Jury he d
,uld return an impartial verdict on the
7idence. He was accepted by both sides,
I'd was sworn in as the ninth Juror.
)hn Crossley, a carpet dealer residing at | p
o. sgf Sixth avenue, stated that he had
I'd vague impression in his mind in rela. |
IN to the eases-but-it- would not influence u,
= judgment in the jury box. He never | 81
id the prisoAer onght to be hung, and did ii
mt bis serving on the jury. Ii he had | to
en- asked when he was subpenaed what | eli
Is his opinion in reference to the case be o.
,uld have said he had forgotten all about w
He was accepted and sworn in as the bu
nth Juror. Robert Kennedy and Bernard lie
hen were excused. James A. Beall had ma
scFuplss in regard to capital t tb
aud he was permitted to stand CT
de. John Parker WAS excused for hay- | co
!. formed opinions. Frank Adam Dingy, De De
mes E. Brady, Robert Christie and Nor pis
II. Stern were excused. 11vr.2 .., cit
This concluded the panel for the day, and tw
new jurors were directed to speak to, no nc,
}, and to permit no one to speak in their ms
'senee OF the case. The ten Jurors now TIN
asneled are generally regarded as tho ae'
'ghiy competent to deal with al theiso 81 81
. .o' ".,i "iiss Ia sbt case, ana WA hVt pu
npaie- unfayOrabiy with any equal n am %
Of gentlemen ssiecsed IN the sanne mani :
+. The court adjourned hntil toeday.AI
e York Times. October Ii. O