New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-05
NEW YORK
Arguments in the Stokes Case-ConcIusiOn
Of the Trial-Charge of the Judge
Bank Statement Governor Hoffman
Deaths Last Week Cotton Trans

| Arguments in the Stokes Case-ConcIusiOn
of the Trial-Charge of the Judge
Bank Statement Governor Hoffman
Deaths Last Week Cotton Trans
actions.
New YORK, January 4.-In the Court of
| Oyer and Terminer to-day, when Tremaine
| was making the concluding portion of his
argument Ill defense of Stokes he was very
severe upon the boy Hart, alleging that he
was perjurer, and his remarks upon the
character of Fisk were quite ad dverse He
claimed that the shooting of Fisk by Stokes
under an apprehension of danger since that
apprehension was well founded is a iusti-
fable defense.
Upon conclusion Of the argument in the
Stokes case the judge at once proceeded to
deliver his charge. After clmpimentiug
the jury, the counsel and the press for abb
staining from criticisms on the case, he
charged that all questions were to be dis
carded which bore upon the character and
habits or social surroundings of either the
deceased or the prisoner. The killing being
conceded, the question was whether the
killing was q crime. 1t was agreed on both
sides hat the killing was eith4r murder in
the first degree, manslaughter n the third
degree, or jIstifiable homicide.
10 determine the point at sUe, it was
important to cOnsider-were there two
pistols found, and whether the prisoner
was acting n ieHiafense. liz then ex-
piained the cheory of the pros -cntion that
there were two. He intimated that the
jury might consider ano her theory, viz:
that the pistol found by the lady was
dropped BY the prisoner, though this theo-
ry is lrrecOncilabe with the testimony
No one testified TO seeing pistol in
Fisk's hands, but the silence of the
prisoner when arrested did not neces-
sariy involve guilt. If the jury believed
prisoner fired from premeditated design to
kill, withoutolanger or reasonably believ-
ing himself i'll danger, they should find
verdict of murder in the first degree, unless
they found verdict for manslaughter in
the third G2gree, and on the latter point they
were TO consider there was a conflict and
whether the character of Fisk for personal
ViOleSce was such and known to prisoner,
as from menaces, to lead to the apprehen-
sion of danger on that point only, viz:
whether the deceased was personally vio-
lent and danger man or not. Were they
to consider his character, it was the duty of
the prisoner to satisfy them that the killing
was not murder. His honor explained the
kind Of douht to which the prisoner would
be entitled, and in conclusion said it would
be great misfortune if the jury now dis
agreed. The jury then retired.
ATTIYed-Ccomwell, from n " Orleans.
Sammonia, South Caroline, City OF Brook
Ign, Denmark, Moro Castle AMI Leo.
Weather clear and mild. The obstacles
to tgavSi are disappearing,
Many injuries have resulted rom snow
slides from roof; cue boy killed.
Many persons were in the bay all night
on boats lost in the fog.
Counsel for the Ere road express conf
dence Of receiving S3500,00b from Wander
bilt.
The bank statement shows: Loans in
creased s., coo; specie increased 81
100000; legal tenders increased a trifie; de-
posits increased s., ,250,0 900.
The bank statement shows a gain OF
nearly 81 900 Gn0 in reserve.
Argument in the Stokes case concludes
Monday afternoon.
Governor HoEnnan sails On Wednesday
for two years voyage around the world;
Five hund red ard eighty thi.a deaths
during the week, with twenty-five cases
and ten de Aths from smallpox.
hyeniD k-Cotvon has ,d advanced. s4sS SA.es
for the <eek reached ll3,72 bales, of wnier
l0I were for future deliver, and ll5lS
on u e pot and to arrive. Exporters TOO TOO!
~ :, bafe, snaners 3Sl0, speculstors oV9e
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