New national era. [volume] (Washington, D.C.) 1870-1874, 1873-01-09
Cas- rfIon OF Stokes.
rhs Last s.s"'- 80 the Great TriAi-A YER
diet or nurdv !. ,s. Is, Dssrss-s'r""zs
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scenes in Court.
IN the Court Of Oyer and TerImner, o
saturday, Mr.. Trcnain finished his surinin
up t7r the defense in the Stokes case q
about ! O'Clock, and Mr.. Beach, for tn
( Prosecution, concluded his speech TO the jur
az g. After n short recess, Judge Board
man charged the jury with great care, hi
( address continuing for more than an hour.
/ lie complimented the jury for their patien
( bearing, the counsel for their ability and per
severance, and the press for wtthholdIn!
comment pending the trial, and then pro
ceedcd TO clear away certain cobwebs tina
had accumulated about the CASE which
might distract attention from the real point;
they were to pass upon. Fisk was not upon
trial, and his character was not to be con,
s:dcrcd any more than the wealth or previous
social position Of the prisoner. The killing
was conceded, and they were TO consider
whether it was murder In the first degree,
mans!aughta' in the third, or justitiable
homicide. lie asked, if Stokes pistol was
the only one pistol found, the prisoner could
justify the killing in that event He then re.
viewed the evidence, Cautioring them that
The prisoners own evidence must be received
with more hesitation than the others, and
said that only if the prisoner was in imminent
danger Of his life, and Fisk had a pisto!
explained the legal definitions of murder In
the first degree, manslaughter in the third
degree, and ju3tifablc homicide, and, IN con-
c!usion, earnestly asked them TO agree upon
4 verdict, the question being 4 very simple
one to honest men.
AZ $40 the jury retiged, and the court
room became comparatively empty, only
about forty persons remaining. At Il:Il
Judge Boardman entered and took his seat,
and a hush fell upon those in the room.
Presently the Iayyyar7 eerno in. then The
prisoner, with his face fixed and pale, and
surrounded by his father, brother, and sister.
Ia lDIc minutes the jury solemnly and ST.
ioutly came in, and took their seats, eagerly
watched by the prisoner and the breathlessly
silent spectators. The clerk rose, called
asked, Gentlemen, have you agreed upon a
verdict" The foreman answered, 1--WE
have" The prisoner was then told to stand
UP, and the jury rose. Then the clerk asked
the usual formal questions, which never
seemed more impressive than at that moment
" Prisoner, look upon the jury. Jury, look
upon the prisoner" Stokes did so with an
inmcvablc face. Gentlemen of the iury,
how say you: DO you find Edward 5. Stokes,
the prisoner at tue bar, guilty or not guilty ."
The Foreman Guilty Of murder in the
first degree.r
4 shrek from the prisoners sister,
t1cn"g through the frame Of Stokes. few
moments death-l.kc stiffness, then the Jury
resumed their seats. The jury was polled
by the clerk, and formally thanked, in brief
speech, by Judge BOardman, and discharged.
The spectators were surprised, for, during
the jury's absence, men spoke sneeringly Of
the inpossibuity Of getting New York jury
10 agree on 4 verdict Of murder. Even the
jude looked surprised, and the counsel, and
after the iUgy's discharge the feeling was too
great % lind vent in conversation. There
was q moments pause, and the prisoner
turned sharply upon Mr.. Beach, and said,
through his teeth, "Mr. Beach, YOU have
done your work we'll. hope you have been
paid for it." The rest Of what he said was
not heard, and was in a low tone. Col. Eel. |
lows, who conducted tho case as District
then rose and made long speech. |
lie said that he had positively refused to 90
On with the case unless Mr.. Beach and Mr.. |
Fullerton, or aome other prominent legal
gentlemen, were associated with him, and
that they (Mcssrs. Fullerton and Beach) had
lnwillingly consented to try tho case with
him, at the request of the District Attorney,
and without any fee from any member of Mr.
tisil's family or his friends. The prisoner
here rose, and swinging his arm cxcitedly,
= ,.
however, continued his remarks, thanking
the counsel for the defense, his associates,
c1zclI1.ng BY coagratulat!ag Himself t65F lis
three years Ct endurance OF such scenes as
he there saw would not hereafter fall to
bis lot.
AS Stokes was being taken from court, he
once more turned toward Mr.. Beach, and it
was feared that he might attack him. and his
friends gathered around him. One Of the
Jurors hare leaned over and said, "Mr. Ire
main, hope that you do not feel any way
bad against us, as we tried to do our duty.
! am sure you did yours, and worked rs hard
or stokes as II he was your own SOM
Sir. trenaIn--1 have nothing to say; but
how did you stand on the iuryF
!uryaan-We!l, I do not think have anv
light to state that, sir.
Ecl!ows--Ch, there is 10 harm; now It is
Ill over you may speak your mind.
Juryman--WcN, We stood, going out. ten
Tor conviction and two for acquittai.
Mr.. Dospqssos Zone Of Stokes counseD-
es, and those two gave in, like crayens aad
towards. lSensation.l
4hen that remarkable sccuo was Witness
ci CT the representative Of the District Attor-
hey, FELLOWS, IN the court room, approaching
the man who had just been convicted Of muir.
DER, eXcIaimng, with tears in his ewes. and
holiing out bis hand,
Ad, hope you have no hard feelings
against me. l did only my duty, and did
not Try to exceed it, as God made me-"
S.oEeS refused the profered hand, saying:
Al! right, Fellows; ! hear all YOU saw.
and | suppose you think it's all right !. bmt
verdict gwen on perjured testimony is a VIII
la1ny that no one will countenance-neyer
never, so long as the world stands"