The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-02
STOKES AGAIN.

In the Court OF Oyer and Terminer yesterday
morning, which was crowded to excess on account
OF the two interesting matters coming for adju-
dication Judge Boardman having taken his place
the bench, the application Of counsel on bill OF
exceptions was taken up.
Mr.. Tremain said this was the day for the SETTLE
ment Of the bill Of exceptions In the Stokes case.
There was also returnabe an order to the District
Attorney to show cause why there should not be q
stay Of proceedings and writ Of error. On Monday
they had made afdavit stating that the bill of ex.
ceptions contained correct statement OF the EVIL
dence and moved upon the bill of excep-
tions and their afidavits for an order to
SHOW cause, which was granted. Both motions
were now to be disposed Of and 1t was considered
prudent to have them disposed Of to-day this being
the last day Of the term. When the exceptions are
settled, counsel would apply for stay Of proceed
ings, that application for o new trial might be
made to the General Term.
OBJECTION BY THE PROSECUTION.
Mr.. Beach said there were exceptions in the bill
to rulings OF His Honor against objections to evil
dence. There was no serious opposition to this
class. But the prosecution did object to the
ception In regard to an alleged absence of the
prisoner from Court while testimony was being
TAKEN and to any exceptions to His Honor's charge
not made In presence Of His Honor AMI the prose-
cutting counsel.
Beach, for the people, and Mr.. Tremain and Mr..
Dos Passos, for Stokes stood at either side Of the
Judge Wnlle tnc Dill was DelnR examined.
The prosecution strongly objected to the state
ment about Stokes being absent while testimony
was received, as not being supported by evidence.
which had not terminated when the Court took a
recess at one O'Clock.
After recess Mr.. Treman said the question was
whether the statement as to the circumstance Of
the prisoners absence during portion OF the
trial. and that as to the absence OF the Judge
during a portion Of Mr.: Beachs summing up,
should be retained in the bill 1t was not stated In
the bill as an exception but simply as fact. The
defence desired to have both Of these facts
them III true), might be passed upon by the an. D.
pellate courts. They have made motion for
new trial, on several grounds among them these
questions from decision Of the Oyer and Terminer
is allowed, II the points were OF benefit to
the prisoner :. in t the prosecution Of the
bill, to give them the benefit Of an objection which
was then understood to be serious and material
and was noted down at the time and deliberately
kept from the knowledge OF the Court and prose-
Mr.. Tremain explained that the counsel were not
aware Of the absence OF the prisoner until he had
been out. Then the counsel had no agency in the
act and were not bound to aid the District Attor
ney in hanging the prisoner. They would fail in
their duty to the unfortunate prisoner II they did
Judge Boardman excluded the testimony Of the
alleged Irregularities from the bill as extraneous
matter, but allowed them to be brought in by am
davits. His Honor then signed the bill Of exccp
lions.
MOVING FOR NEW TRIAL.
The motion for new trial was then commenced.
IL being arranged that affidavits on each side
would be read, after which the matter would be
Mr.. Dos Passos proceeded to read number Of
afidavits regarding ponts-which have heretofore
the pso the GRAND Central Hotel Es'
At their conclusion Mr.. Beach read number Of
counteraffldavits When he mad finished an order
was entered permitting further argument to be
resumed on Monday.
The Court then adjourned.