New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-30
PHASES OF CRIME.
THE STOKES VERDICT.

| HOW THE VERDICT or MANsLAUGHrER IN THE THIRD
DEGREE WAS RECEIvED-THE PRISONER SEN
| FENCED TO STATE PRISON FOR FOUR YEARS Al
| HARD LABOR
| During the FIRST part Of the evening, after
| the Stokes Jury retired, the Ia the court
room were Of very ordinary character For
| an hour the seats were nlled,
and much OF tho standing !room WAS occupied,
| but there was nothing to excite the interest
OF mere outsiders, and at o'clock the number
Of spectators reduced TO less than 100 the
ladies' being the most persistent in awaiting tho result
About u O'Clock there rush at tho door, and the
crowd pushed forward and obtained seats Converse
ton ceased, hats came Of and all eyes strained TO
catch a sight Of the expected Jurymen but whom the
character Of the newcomers was understood 10"
smiles passed and the conversation was again renewed
The recurrence OF this little deceit all
that varied the monotony until 1Oi o'clock.
At that time the counsel for tho defense entered accom-
panied by the prisoner aud took seats After few mo-
ments the judge and finally the anxously jury
came took their seats "A the court room
was quiet, the foreman addressed the Judge:
ave wish. your Honor. TO be- instructed in what con-
sss the different degrees Of murder and manslaughter
Judge Days-You wish, MIR. Foreman. simply the
definitions OF the crime a.
The F1reman-Such as you gave In your charge
Judge Davis" Murder in tho first degree is defined
by statute In these words; Such killing as when
perpetrated with a premeditated design to effect
the death OF the person killed shall DO considered
murder in the first degree The words pre-
medtated design 10 effect tho death Of the
person killed are answered by Che accused before,
at the time. formed intention to kill. MIN
slaughter in tho second degree, 1t applies to this
case ia, Every person who shall unnecessarily
Kill another, either while Jesistiag the attempt
OF such other person to commit a felony or
TO do other unlawful act Manslaughter in the
fT.ttf
the design to effect death with dangerous weapon in any
case except wherein the killing Is said TO be jusdabe
or eNcusable Manalaughter in the fourth degree Is
Involuntary killing another with any weapon, and by
neither cruel unusual in the heat OF passion
TIE jury we're then allowed retire for further
sunton. the prisoner and his counsel also retired
The Jury again came In at 112O p In response to
the question Of the Clerk, "Hdye you agreed upon
verdict" Mr. Bartholomew, the foreman said they had.
aud after the usul formula OF the jurors looking upon
the prisoner who arose and confronted tem the fore
replied:
"Glity OF manslaughter in the third degree"
The announcement was greeted with cheers from some
portions VI tho house, while Kisses ODtruGed themselves
in others.
Assistant DistrictAttorncv Russell moved that Judg-
mcut be pronounced on the verdict
Mr. Tre,nain-I respectfully ask 10 minutes time for
consultation counsel and client We hope there
will be no further occasion for delay. W yonr honor
Jndge Davis-f hope You WILL be very expednous.
Mr. Tremaine-We Will; hye minutes, perhaps, WIZ DC
Messrs Tremalr Dis Passos. and Braucrd then
retired win The PRISONER anu IN nall minute re
Mr.. Tremain then said:
Nav il please the Court. the counsel for the prisoner
feel that they have done an that is IN their power to 40
~ the life OF the prisoner Ihey iee that they
have had full anu lar trIali ana IN me hdlho Oi
the the prisoner who Know To- he perfectly com
sclentious and say that we ask for no delay We
might present evidence in mitigation as TO the charae
sufficient knowledge to act intelgantlY IN tnat
i'm melting out punishment following that YER
diet [ simply reminded your Honor that the
year1 thar he has been sentenced 10 DEATH punish
ment think your Honor will be inclined to take into
70 b, awarded him after Jury mas finally determined
upon fail trial that hc not guilty OF murder IN the
Asst degree bat OF manslaug9er IN the third degree
submit that punshm' nj to which have referred
the sentence he received. and tho sacrifice he has
be considered by your in determining amount
| OF punishment to be imposed upon him
he had to say why Judgment should not ne pronounced
axinst him according Co law. stokes had all this time
stood ~ during the greater part OF the trial.
d - hn a d4re 10 shield himself from the gazs OF
the Judge. Now he humbv and In voice that was
scarcely audible replied: Il have nothing to say"
Judge DAVIS, IN zone as haIsA ana e,tIh ds us u.s
regret at the inadequiey OF the punishment. Inc
moment me prisoner noticed tIis Tone a., anu - ga
ION Of Judge Davis fairness OF the verdict aud
that no such clomencY WAS to DO expected
in the prOuouncng of tue sentence SURPRISING ana
instantaneous change was noticed ia stokes. HIS form
was suddenly Strengthened and the bowed head was
raised with defiant gaze which he bent "a steadily on
tho Jndg. as he had just previously on thr hDor The
sentence was then delivered ~ Judge DdFiSs usual I'M
| nrrssiye manner, and was as follows:
ain rendering this verdict the jury have exhausted
ana more than exhausted all e mercy that should bs
! cxrerdcd No appeal this Court can diminish Tie
sentence below the highest penalty nHed Nv statute 10
The degree which you are cOnNctrui ana
! tnat Is apparently slight whom compared WIN
! rho great crime you have cOmmileu. uOht
desire To make any further remarks IN ths case out
snail impose upon you all the punishment Chat the law
authorizes. ony regreung that the sentence cannot
bg more adequate 10 the awful crime thlt rests upon
vour guilty mead. The sentence ~ the Court 49, mat
Won be imprisoned tho STATE Prison at olhg Sg al
| hard Labor Tor the term OF four years
After the sentence had been passed, Stokes apparently
Wa considerably Affected The crowd IN Tue cOUr room
soon became group about Stokes ana. little iattr'
The prisoner descended the steps Of the Courthouse on
Cuaubers-- stepped into the carriage Wlh Alactity,
| and was driven OFF 10 MS lonely cell IN the IOmDs q
| fhrlce happier man than when he lett II.
great deal OF comment was excited by the Nerdlct
WHICH even the late hour OF reception, erept about
/ ,ome of the adjacent hotels OF the city,
! and WAC wondered and talked over by
! tho lOsngers aud any who might DOT yet nave
retired The most popular opinion was that Stohrs's
counsel would trouble the Court Of Appeals again.
hut would be willing cling 10 tue liurela OF hard
| Fought battle and y Welcaruod victory.