The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-05
THE VERDICT.

Foreman Of the Jury-Guilty Of murder in the
first degree.
At the moment that these words passed the lips
OF the foreman, there arose in the Court
such terrible piercing wall from one Of
the young ladies dressed in deep mourn
ing that 1t seemed to curdle the blood OF
every man and woman in Court. None who
heard 1t will ever forget 1t. The young lady VINO
uttered this cry fell forward with her face prone
on the shoulder OF the prisoner. Horace Stokes,
the brother. burst into tears and all his friends
and relations by one impulse, as they clustered
around him, seemed terribly affected.
The jury were then polled at the request OF Mr..
Townsend one Of the prisoners counsel. When
asked by the Clerk II they ell agreed upon the
dict they answered, separately, Eyes" Some Of
their responses could not be heard ten feet from
where they stood. AS the twelfth man answered
i.Yesn
STOKES ROSE SLOWLY
and, facing Mr.. Beach, one of the counsel for the
prosecution, and who had at one time been q coun.
sci for Mr.. Stokes In civil case, said, slowly and
deliberately,
''well. MI. Beach, must say you have done your
work we'll I hope you have been well paid for it."
Then Stokes sat down. Mr.. Beach did not reply;
but his face turned a little away from the prisoner
Mr.. Fellows, the Acting District Attorney, rose,
and, addressing the Judge, asked that
SENTENCE BE PASSED UPON THE PRISONER AT THE
BAR.
As Mr.. Fellows sat down Mr.. Lyman Treman
the able and learned counsel for the defence, who
had been sitting by table with his head bowed in
his hand stood up and said :-"Your Honor, hope
you will not think 1t necessary to pass sentence at
this late hour OF the night Would it not be better
to wait till Monday morning p"
Judge Boardman-I see no absolute necessity for
passing sentence tonight, and see no impro-
priety in acting the counsel's suggestion. will
therefore
DEFER SENTENCE UNTIL MONDAY MORNING.
District Attorney Fellows then addressed the
Court in an explanatory manner, and stated that
Messrs. Beach and Fullerton had not been en-
ployed by Mr.. Fsk's family and that they had been
employed by the county to assist in the prosecu-
ton.
Stokes (rising suddenly and interrupting) Mr.
Fellows, state that
THEY WERE HIRED BY JAY GOULD.
Please state that.
There was an intense sensation in Court at this
moment, and Mr.. Fellows then resumed his adj
dress, stating that he was glad to retire from an
Office where for three years he had been accus
toned to witness such scenes OF suffering and sor-
sow as he had witnessed tonight.
The Court then
DISCHARGED THE JURY,
with thanks for their attendance and for the
courtesy they had shown him during the progress
Of the trial. Then the audience began to move,
and Stokes, who showed firm manner conversed
with the sobbing ladies and his other friends.
Again as Stokes stood up to leave the Court he
spoke bitterly to Mr.. Beach. He said, as he
rose =
"Mr. Beach, you should be well satisfied with
your work, and hope you satisfied, for you did
it well.n
Mr.. Beach (excitedly)-No Mr.. Stokes, am not
satisfied with my work.
Then Stokes friends gathered around him and
got between him and Beach, as it was feared that
a collision might take place. Mr.. Tremain got up to
leave the Court with Stokes and as he did one Of the
jurors small, dark-featured man. with high hat,
leaned forward over the jury box and said to Mr..
Tremain:-
''Wen, Mr. Tremaln, I hope that you do not feel
any way bad against us, as we tried to do eur
duty. l am sure you did yours, and worked as
hard for Stokes as II he was your own son."
Mr.. Tremain--I have nothing to say, but how did
you stand on the juryf
Juryman-well, do not think have any right
to state that, sir.
District Attorney Fellows-Oh, there Is no harm !;
now 1t is all over you may speak your mind.
Juryman-welI, we stood, going out,
TEN FOR CONVICTION AND TWO FOR ACQUITTAL
Mr. Dos Passes Zone of Stokes counseD -Yes
and those two gave In like cravens and towards
(sensationJ
Stokes to the jurymen)-Why, you don't mean
to tell me- honest men, that any Of you believed
in the testimony of that scoundrel Hartq why,
am sure there Ia not one man Of the twelve be-
neved in his heart what he said or did. know
how 1t is. Every one has been humbugged by false
ana perjured testimony,
BOUGHT AND PAID FOR. THAT Is THE TRUTH,
80 help me God, at this solemn moment"
Here District Attorney Fellows came forward
and said -
"Ed, hope you have no hard feelings against
me. did only my duty, and did not try to exceed
| 1t, as God made me-" Mr.. Fellows was weeping at
| this moment, and every person in Court was
crushing and pushing right and left at this mo-
ment Colonel Fellows, as he made his last re-
| mark, offered his hand to Stokes, who refused 1t
| and sAid:-
| IAN right, Fellows; hear all you say, and sup.
pose you think It's all right but verdict given on
perjured testimony is Q villany that no one will
countenance-never, never as long as the world
| stands.n
Here the Court was cleared by the policemen,
who behaved ~ " they were In riot; and. . PCS