The New York herald., 1873-10-30
Yesterdays Proceedings.


Me Oyer and Iermncr Court yesterday morning. on be-
half people, the of E. Stokes Mr. Tremain
and asked permission TO make statement in refer
ce expression used by the District Attorney
erday, reported in the papers Mr. Phelps spoke Of
fumors affecting the jury and afe citing the counsel
The District Attorney said he believed there would be
10 necessity Of any statement when he assured the gen.
leman that by counsel" he then meant himself
Mr. Tremain bowed
PHELPS CONTINUATION CLOSE.
Taking up the story Of the prisoner more, Mr..
Phelps showed the absurdity lithe agile young
like Stokes fearing personal violence from the great
Dvergrow James Fisk especially the prisoner had the
Advantage of position. He then reviewed the evidence
given support of the allegation that the prisoners
fears had been excited by Fisks threats and showed
that the only occasion which II proved that a
threat of direct personal violence by Fisk had been
muncated TO Stokes he answered that he didn't believe
Fisk would do anything OF the kind Gentlemen. he
tinued If Fisk was the monster without single redeem
Ing quality, the defence would make him, it has MOTH
ing do with this 1t may have been forgotten
lhat he was man around whom innocent children
elung aectionateiy mindful Of the friendship of the
family for him. No matter what his good qualities, the
"evi that men do lives after them the good is oft in.
ferred with their bones but whatever his character,
his virtues his vices his faults there not
hcle of evidence that he raised violent hand in
Bhe whole course Of his life against a single human
being. The who to him the character OF
} violent bold, bad man, who were theyf The great
%sp
STSssss's
ss Il s h ereT there having not
astS sSda nay I
throughout the and rolling earth there sould be
merry and h
Ss gg stand s % WIZ fss
S9 Ss Resn FIX e. esr y s oe his
Etih an angry expression and having mage these
he
aaes N On NIT sa es ssw that f. E was
@ the until f045 ssG R: S
So ss The he sSo
Falling icr the help tha. there none earth to
Hum sso as
na ha haesns " ss stSy esm Ching WI lis S
sesses equal credit all around they involve his story In
ey hss
s
anasr s q or DANGER at the
Of that afternoon, given by Witnesses
s ss n ss s
the ses wang not only In the hotel but
The evidence 1f 1fT Rsso.aa, snconDrT & vIsp,eATrn
& an sas s MT
raysed far beyond The make an attack upon
uSeS ,1s sat and an nSnSspOs s
iS Ike aSstspsa %os Ss.sSss fS@ pnt Dna
roundless atacK ever made upon a wtness and with.
nut the slightest pretext which to base H. In asking
ou 70 reject as unworthy Of belief the Testimony Of 4
gentleman, the escutcheon OF whose honor no ~ y
Rlumny has stained, and whom n Womb ~ m u
psu II should stand up here In my place io dean MI MI
am from such assaults fSs " ueehu
HART,
b central ngure against which all the attacks which
Rnrning and eloquence could devise Wealth
M procure have been dirscted--thc witness WHO las
EMP araeled harshness and severity Is ccrtanjy
bDst audacious and this poor boy AMI
M'o companion committed on that Saturday aifernonn
M that day OF this most barbarous and bloody deed in
eehng II done, The height the depth and the breadth
G,hes offending s oil comprehended in that; but may
argument that has been urged. with such force
hd eloqnence and patbos on behalf Of him who
niy witnessed 1t These poor boys have Bee" In In
rison now nearly two years and are the third time
iea for fss dire offence Of having eyes TO see aud
% hear. May we not hope that they have some claim
pon your sympathy and ptyY But they have private
able, II seems Oh. what q crime know not what my
Predecessor did. but presume he did what know I
ud--grder that SOME indulgence should BIO given TO these
looy boys in their long confinement which unparal
Fled n ,hs history OF the detention Of witnesses No
scaIth upon The Drisonv W Ills eonanementi but why