Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1873-01-08

manslaughter in the first or second degree.
Mr.. Beach closed for the prosecution on
Saturday.
Judge Boardman's charge to the jury was
impartial. He merely summed up the testi-
mony given, with the Injunction to act
honestly, unbiased by either sympathy for
the prisoner or sorrow for his friends.
THE VERDICT.
At Ii o'clock rumor circulated among
the loungers 10 Cour6 that the jury had
agreed, and that the Judge had been sent
for, and the ominous statement was made
that they had agreed on verdict of murder
in the first degree. The report was received
with utter lncredulity. AT II minutes
past ii the familiar sound Of g Hats off in
Court" was heard, and the counsel upon
either side, followed by the Judge, entered
the court. The: expression depicted upon
the face of the foreman clearly indicated the
nature of the verdict. Mr.. Sparks, clerk OF
the court, standing up in his place said
s. Gentlemen of the jury, please answer to
your Names" and this formality having
been gone through, he said: " Gentlemen
have you agreed upon your verdict The
foreman, IN unfaltering tones, answered
We have,' and in reply to the usual
lnterrogatories said, " We find the prisoner
guilty of murder in the first degree.
SCENE IN THE COURT
At the announcement of the verdict, the
prisoner lost the air of frmnees which had
characterized his demeanor from the com
mencement of the trial, and, becoming ghast-
" pale, threw his arms in the air with a
gesture expressive of utter despair, while at
the same time his sister, who stood beside
him attired in deepest mourning, uttered a
low wall of agony, which was distinctly
heard through the court.
Alter pause of some moments duration
MIR. Tremaine requested that the jury BE-
polled, which was accordingly done. Mean
while the sister of the prisoner gave way to
the most violent expressions of grief, which
only ceased when the condemned man. turn
ing around to her, and with a beseeching
look, besought her to be calm.
Col. Fellows, counsel for the prosecu ton ,
then said: 1t becomes my painful but
imperative duty to move this Court that the
sentence of the law be now pronounced upon
the prisoner Mr.. Tremaine, with an ex-
pressive glance at the sister and relatives of
the condemned said that he thought the pass
Ing OF the sentence might decently be post
poned until Monday.
Judge Boardman said there was no ncces,
sty for pronouncing sentence tonight, and
no improperly in postponng till Monday
and he should therefore order that sentence
be suspended TIL Monday.
Col. Fellows then made quite lengthen-
ed address in which he stated that he had
only entered on the case on condition hat
able associates should be Supplied him to
conduct it, and that the gentlemen who had
acted with him were feed by no private par
ties, but retained on the part of the people.
At this point the prisoner, with an i'm
pulslve gesture, cried out: -" BY Jay Gould !;
state that too
SCENES AND INCIDENTS.
After The ren ttion of the verdict and the
jury were discharged Stokes came close up
to Mr. Beach and addressed some observation
TO hun which could not be overheard nor the
response of Mr.. Beach But Stokes then
remarked " You know that you put per-
jured testimony on the stand. y
At this moment Co. Fellows came up
and said . MIR. Strokes, it is not possible
that you attach any i'll feeling to one for the
discharge of any duty in this matter? ~
offering him his hand.
Stokes rejected the offered hand and said
- Oh, It's all right, Fellows but you know
that thousanGs;ot dollars were put up for this
matter, and that you were ali bought
Immediately on the adjournment Of the
Court one OF the jurors approached Alr.
Trcmaine, senior counsel for the prisoner
and addressing hun, said - Mr. Iremaine
you can't blame US You DID your duty
/ 10 b.,] h, ttfa Of
own son been imported and we have done
ours.
Mr.. Treman ne shook hands with the juror
and said:
d" am disappointed, but can you tell me
how the jury stood alter you retired
! The juror" Mr.. Tremaine. | would pre-
fer not.
! Col. Fellows, counsel for the prosccu ion
who stood behind Mr.. Tremaine, as did ais
the prisoner, said to the juror" There /:
no Objection whatever now, II you Oh ose tC
do SO.
The Juror" Well, then, we stood ten t,
two"
Mr.. Don Passos-'' And the two, like
cravens, gave in
The prisoner. Mr.. Juror. did you be
lieve the testimony of Thomas Hart? -
The juror answered: d" prefer not t
discuss the question with you, Mr.. Stokes,
and moved away.
After the announcement by Judge BDarl
man that the sentence would rot be asset
upon the murderer until Monday, tie pris
oner was given into the custody OF tht
Sheriff and rcmanded to prisOa.
On Monday, the anniversary of the muir
der of Fisk, Stokes was sentenced to be hung
on the 2Sth OF February