New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-28

ton Of that complaint Tho next %pums01 s. snn snS
S Ss i SSu: saw q A' M Rs''i%fa
The prisoner was there about $50 o'clock; That
early in the are IN the street aud
then vas so far clothed with omniscienoe as 10 Know
that this man ,S. WAS Sa SS down mile Grand
Hotel one house out OF hi Anu caprieSa int
oTSeted his driver to drive Again says the District
Ittorney My theory is that he went into the paror
nd inoRed out OF tho wiIdow aud saw the carriage
ana but that theory falls to the ground when
II il shown that portion OF the Duidng oDsr9eteu 1ne
view beyond the first street above II is said that TINS
Woman Mansfield had dissolved her relations
with Fisk, and Stokes had been substituted
70 sustain this but II true who woud have the motive
20 XIII, Stokes, the successful lover, or Fisk who was
inspired by jealousy most fierce passion which would
be likely to seize hold Of an uncultured man Ike FISK
Fisk was jealous He had endeavored TO persuade her
resume her relations with him. but she haa refused
unless he first INDICATED her against the charges con-
tanned in the affidavit In the course OF the interview
he says he will Kill the monster Stokes FISK was 1ea
Stokes was aggrieved He had been prosecuted
and ruined in character aud business Where then Is
the mOtiyef Stokes thought he had claims eginst
FISK, but he could not satisfy them bylng him. Ihen
would any sane man waylay man to murder MIN ~ ~
such public place But according to the theory o,
the prosecution, he seeks this public place, without
friends lawyers TO advise him, and shoots this man
Mr. Treman here produced the clothes worn py e h
show that they not such as man would ch0Ose
he said that the lack OF any effort 10 escape was agao
the theory OF premedtaton He also took occasion 70
there was nothing improper in Fsks relations with the
Morse family stokess anxiety for doctor. showing
was proof OF absence OF premedita-
ton. Mr.. 'Tremain then reviewed the prisoners
on the day of the shooting He showed that 1t cor
robOrated thoroughly by other evidence. lie IV9wSu
staircase at the Grand Central Hotel showing that he
could not have known that he was to meet FISK nc
probable; he urged that Stokes. II sane man could
have made the threats Imputed 10 MN III lho PIos
ence Of such utter stranger.
THE HALL BOYS STATEMENTS RTDDLED.
The testimony of Thomas Hart was then reviewed.
This II was claimed. was completely destroyed py inc
testimony Of Mr. Hill. Thomas Hart stands impeached
also by the testimony Of Jenny Turner 1.-THE counsel re-
viewed briefly her younger life and her unfortunate
maracel She TO be discredted because she was
least they bear good enough character She saw the
ward heard the Shot As the prisoner The only one
whom they remembered TO have seen III the nan they
very properly imagined that 1t was ne VINO shot the
siTst Tbonas HsrtoP9trlck Logan lie tells you OF
conversation which he held with Redmond and Thomas
Hart Is he to be believedf The Dstuct-Attorney
asked him II he was not discharged from the Police
Force and he replied that his dismissal the proud
laurel his brow and then he described the circu
stances leading TO his discharge, stating his own at.
policeman, and the trumped-up charges which followed
OF desero1 from the post of duty Logan was the
victim of the most damnabe conspiracy and his char
acter beside that of Thos Hart above question He
from the District-Attorneys office 49,, ,
District ttorney-NOi We have had bad men enough
In the Office, but we never had him there.
Mr. Tremain-Again Hart Is impeached by James
Brennan, and want TO speak OF the machinery thal was
employed to crush him We did not know OF any felony
but the rictAttorney did, ana yet allowed nun 10
come on the stand and testify without keeping him OF
on the wel-known ground OF his being convict; ne
was convicted OF stealing watch but no assured Judge
bowling who convicted him. that he only took 1t from
he drunken man in order 20 il for him. and from
being stolen by somebody else But you are 10 look at
what he says and you can lind no discrepancies you
ma believe him Thomas Hart is impeached by
silent witness-the bullets track-which shows that
stokes must have been standing IN different position
al the head staircase. Hart too ready with
his story. When asked him to repeat the crcun-
woufd up and through the story like poll parrot,
word for word it is in the book After Hart had told
is storv-and told 10 we-and the prisoner had been
convicted and sentenced TO he executed on the gaows
we find him hanging around the Erie Office Tor WORK.
and again applying 10 Conner for money.
There is one other witness to sustain the theory OF the
prosecution John X: Hacket the chief criminal magis-
frate of the city His testimony goes 20 sustain the
theory Of premedated design as he tesles to seeing
Stokes before going into the hotel look up Broadway as
II expecting 10 some one come down. Why dld they
not call this witness before Saturday afternoon when
the defense haG Tesed one od T mo nss IS %
But he was in daily communication with the Dis
trict Attorney. If nc has not told the District.
Attorney, what excuse can Recorder HIaese,t
came on the stand and injected INTO this case evidence
which ne ought to have known was incompetent when
ton whether he knew Fisk afraid of pistol, mo
only from what lie said" poisoned shaft is this! lie
injected the testimony as the doctors Injected the NOR
pha by hypOderme and squirtguhs If he dld not know
cOntravening all rules OF law ana evidence he IS
1T 10 be Recorder If he dld know 1t he IS not III TO
be a witness In the first case he ought to follow tho de-
cayed ring" that has gone TO pieces In the last case
YOU ought to reject ms testimony altogether.
Recorder Haoket Is brought IN at the eleventh hour
TO prop up the prosecution and who can stand before
the evidence OF the chief criminal judge OF New York;
The deceased had boosted that he possessed power
enough judges TO railroad Stokes 10 prison, but
where are judges and the who sat beside
Fisk his bedsdei Not here but there comes Judge
Racket. who first appears after two years and gives
such evidence that should be recreant to my duty
should fail 10 talk the occasion demanded about even
that gentleman. BY OF the fact that he holds
high position, elected thereto by regime passed away,
he be entitled TO respect but w1en he places HIM
self witness he is entitled 10 no more respect Than
others The fact that he has been elected does not show
testimony the prisoner aud others III contradiction OF
his evidence is entitled ~ more consideration. As 10
the evidence IN regard TO the time when stokes ana
Fisk entered the hotel, Redmond says ten minutes
elapsed. How far away then, must StOkess carriage
have BEEN and how could Stokes have known that FISK
would 10 the hoel Fisks visits TO that house
only occasional, how could Stokes have known
that he would 90 there theni That finishes the mat
ter OF premedtatOn and now ask you TO consider
that they met there accidentally Consider the threats
that had been used against Stokes consider the fact that
DOrman b. Eaton, ex-cOanselOr Of the Erie Rail |
way, had been assaulted evening by supposed
to be minions OF Fisk; take into everything
which have heard IN evidence showing that Stokes
was in deadly peril OF life by Fisk; consider Fsks
character and submit that il there was no pistol IN
the h. could not be convicted He could only be
convicted OF mansaughter IN the third fourth degree
OF manslaug hter-kilng IN the hight OF passion. lie
never intended 10 kill. Tie circumstances OF their
meeting would naturally excite passion.
The hour OF els p. having arrived Mr.. Tremain
asked that the be adjourned until this day The
Court then adjourned the to O'Clock this morning
TAINTOR'S CONFESSION.