The New York herald., 1873-10-30

or acquittal.
ssAssuming that there should be q Conviction
remarked one gentleman to knot gathered about
him, who, with everybody else, was earnestly dis
cusslng the one absorbing theme, 'Stokes ia sure
OF another trial"
group.
ut Is as plain as day. The conduct OF the eighth
juror Is enough basis for new trial. continued
the spokesman OF the party.
$50 Stokes won't be hung on this trlalf" queried
"Hung-no, not on this trial or any othern
"Do you think they win give him new trialr,
viii be no conviction The jury win Disagree
that's sure thing. Ii | was betting man I'd bet
every dollar I'VE got IN the world on II,
"Well, II there Is a disagreement, what VIII they
do Them" asked another OF the group.
'.Apply for bail, OF course.r
"Wili he be admitted to bailSr
''The Court can't refuse 1T. Wasn't bail taken for
Lew Baker ana for Dad Cunningham after sec.
0nd disagreement OF the jury In their cases
Those men were never tried again, and neither
It is unnecessary to continue these converse.
tions. Meantime several bets were offered and
taken ON the result, the odds being $40 to 81 In
favor OF engagement The reporters kept their
ssas az he wer Sa opcs R
the most OF them. after their proracted reportoria
abors, had got wearied OF the very name OF Stokes
However, AZ q professional duty, they still for the
most part employed themselves writing up the
closing scenes and Incidents But, alter an, not
sorbing interest felt in knowing what the end
would be. the thing, after o while, grew TO be
to yawn @ D,uS less anmspe s even
the women sussded into subduea silence. There
was growing frequency OF looks at the clock.
slowly to the result to follow.
STOKES AND HIS FRIENDS
Simultaneous with the retirement OF the jury,
Stokes was conveyed to the Supreme Court ChaIn-
bers' room. Deputy Shernfs Shields Purdy, Cahill,
McGowan Farley aud Dempsey had him in charge,
Nos Dos M
Brainard went in with him. They chatted together
in the most cheerful mood imaginable. 1t was
was Stokes himself. Stokes lit cigar, and alter
awhile walked up and down the room with Mr..
temen intermingling pleasant chat for pastime
with pleasant walk for exercise. Mr.. Tremain
very shortly got Immersed in an evening paper,
while Mr. Dos Passos and Horace Stokes had a talk
together. At seven O'Clock Stokes partook, though
rather dantlly,. OF lunch brought in for
began to come ill., all OF whom were greeted with
cordiality-a cordiality and pleasant interchange
Of friendly greeting that looked for all the world
like a holiday reception. Among those calling
were Mr.. John Hoey, Mr.. J. L. Mott, Colonel Mont.
gomery and Captain Martin.
"What verdict do you expect ~ the HERALD re-
porter asked him..
"Acquittal, OF course" promptly answered
Stokes, ~ verdict Is rendered according to the
"You have certainly had fair trial." pursued
II have no fault to find on this score. My coun-
sci did their duty noby. was in hopes the pros
ecution would cah Mrs. Benton. We did not dare
to for fear they would impeach her testimony
'sWhy did You much want her9n
"She picked up Fisk's pistol. ! tell you Fisk
had pistol, and she picked 1t up as sure as you
The conversation was interrupted here BY friends
coming up. Stokes continued to chat and smoke,
and took matters very unconcerneoly.
THE JURY IN DELIBERATION.
All this time the Jury was in room Is. They were
Cohen. Their talking could be heard from outside,
though, Of course, what they said could not
; be understood. It was evident however, that
the talk at times was quite animated. As to how
they stood not the slightest Information could be
obtained. At about ten O'Clock they were served
with a lunch and shortly after came into Court.
THE JURY AFTER INFORMATION.
There was quite conmotion when, at half.past
ten O'Clock, Mr. Valentine the chief oticer Of the
the chairs occupied by the jury TO vacate the
same. As soon as their seats had been vacated
sparks, the Clerk Next came in the jury, and then
Stokes counsel and then the prisoner. Alter the
vaded the room. The prisoner gave searching
glance at the jurors to see II he could read his fate
direction Those twelve faces gave back no re-
| sponse.
| answered, he asked, us the prisoner present u
! "He is," answered Mr.. Tremain.
"Have you agreed, gentlemen, on verdict ~
! There was a moment OF suspense. All bent for
ward eagerly. Every eye was directed to the fore
man, as he rose slowly IN his place.
1--WE wish to be instructed as to what are the
different definitions OF murder and manslaughter,u y
answered the foreman
"Do you wish simply definitions OF these
crimes' asked Judge Davis.
'What you gave In your charge" replied the
foreman.
Judge Davis then proceeded to read the statu-
tory definitions OF murder In the first degree and
mansaughter In the second, third and fourth
degrees, the circumstances OF the homicide bring
ing the crime, he added, only within these definl-
ti0ns. He added some verbal explanation to each
definition and when he had finished told the Jury
that If any one had any request or suggestion to
make he would hear 1t then. None Of the
jurors had anything to say and the Judge told
them they might retire again, which they did.
CHANGE IN THE SPECULATIVE CURRENT.
The general sentiment regarding the verdict was
considerably changed by the above episode. The
theory of disagreement was pretty well abandoned.
Nearly all expressed the belief that the verdict
would be mansaughter in the second or third de-
gree They had not long to await the final result.
The interval, however, was improved by the Judge.
counsel and prisoner all leaving the court room as
before.
L. L.