The New York herald., 1873-10-23
Testimony of DR.. Fisher---The Pistol
Wound the Cause Of Death.
How Doctors Disagree---A Habeas
Corpus in the Case.
TIE PROCEEDINGS YESTERDAY.

the former trials The court room, halls and door
ways are now besieged with as large and curious
crowds as frequented the same ground when the
shooting itself and all Its surroundings were
fresh in the public mind, and the develop
ments which were to be elected from the princi-
pal actors and witnesses OF the tragedy were
yet to be disclosed. The class Of females who regu
larry attend murder trials hold it as an indisputa-
BILE right that their male interiors possess indeed
no privileges that they are bound 10 respect, and
so unanimous and fervent is their belief in this
idea that they display, on the slightest provoca
ton, an unaterable and positive determination to
resen5 any infringement upon what they esteem
their monopoly OF place and position, and snow
decided inclination to demonstrate their resent
ment by recourse to their parasois as offensive
weapons. The most OF the feminlne attendants
are above forty; some few fair. and not small
number may be called with all due respect, frowsy.
Not an inconsiderable portion possess that ro-
tundity of figure which might vulgarly be termed
tat.
An unexpected mass of evidence Is being put in
which, to certain extent, was excluded on the
former trials Most of it is merely corroboratve,
after ali, OF what had been previously testified to
in substance, and what strength 1t may give to the
defence OF course remains to be seen. Judge
Davis seems inclined to exclude nothing but what
would be very Objectionable and illegal to admit
in fact, he is giving the defence the widest lati-
tude. The testimony of DR.. Fisher yesterday was
given with all the clearness and straightforward
ness with which it was possible to invest medical
evidence. His cross examination brought out
again his twice reiterated belief that the pistol
wound in the abdomen was the cause OF Fisk's
death, and that the treatment observed through
out was proper, otherwise ne would not nave sane
mission OF DR.. Tripler's previous testimony to be
admitted from the stenographer's notes, this part
ft. In fhn nTln q IN
the previous trials.
Yesterdays Proceedings.
At ten O'Clock Judge Davis, Messrs. Tremain,
Dos Passos District Attorney Phelps and MIR.
fs iather and dc Others entered and without deayMthe
jury. having been promptly on time-the days
work commenced.
TESTIMONY OF H. e. DAVIS OFFERED FOR THE DE-
FENCE AND RULED OUT.
E Drys S By & a
ws n ma he oS % as % be
nf ms suss as
Exception asked and granted.
TEsTIMoNy t. or EL!5ABErn n! cooNEY.
mesiis hs Grand Central hotel On he
right hand ds & o. Ss I Iecepon when tn shooting
yator and descend part of the ladies' stacase heard
By ea ene ho a Se ws se % and h was nD
stairs to the servants apartments did not see Thomas
being cfoslexamined the witness said she first saw
Stokes - the the elevator OF the
see ne other Hart whose place was to be at the door,
Where he oh to s s a %S o
Re-directhere dull kind Of light the ladies'
round tse ne elevator he hall
Y ne an ree
Of the stairs; took step or two from where was to
10 the Dstr let Atorney-I had been washing in the
passed the aae
stairs would have seen hi him i he had did not see him
ia as not s,0ns TO par0r NO. ~ ana look IN am positive ne
At the conclusion of the testimony Of the witness Mr.
been sabponaed the first trial taken before the Dis
not Hs offered this as % sort Of to The
truth a Sdnri g nrr s,sd evidence; en-, ,mmoter,.
THE PRISONERS FATHER ON THE STAND.
sSsspy
to The the shooting he saw M his sC almost
sd the house % ~ he his son
@ e az he ha the ss
0s5sd ase @ saa 1 at H. with
RRsany Rs, a. There Are none as os
ing state for the last twenty years. have sister who is
Q Previous to the shooting had you heard your son
express fears Of tareats made by rskY and II SO state
When neso,aS where r, and under what circumstances
Here followed discussion as 70 the competency of the
Mr. Tremain then offered the evidence for. three
distinct purposes the last one being upon the defence of
The Court excluded the testimony each OFFER but
defence insanity ii that defence was set up
sion about the general IN
towards @ S mis- ,amiy knew he very much excited
om Ms posss9a before the n t5 raid his mother was IN
he rene her the manager the
PrSpSisor was hnsiy seized Sy i.i q persons and
know ofmy son having been thrown into prison on
GreespOnt and tried 70 get into the Once; there were
number q men there whom was said were from the
quently asked to get in % warm my hands, II
Ss cSa aeS d9Ss 70 % hold Ss%
responsible ,I ior damage that might SssuS
some eight years before hs was si my house sons
had sSss sseh the lie
lease 70 Company Of which s he was % ons
ic sS%s Sps q
~ mo ran n 'BRisS fRsSsass M MOTHER on THE STAND
Nancy sSses mother e the pr next
sent his brother to the Holman House for his pistol she
he So 81. sonsrs q business
his arrest Noticed change u hs mental condition
month January and put - the Toses after
wss asoTns under serious and nSs
anxiety noticed more while he my house he
WAS never tried on the charge went bail Tor him in
w wep e nS ssI Snt
really the state affairs and Tor the purpose Of
taxing possess0n
CLERGYMAN on THE STAND.
Sydney a. Corey, clergyman, OF this city-know tho
prisoner slightly. remembered meeting stokes a
Fourth avonue time previous 70 the shooting;
going 10 give the Attorney General, and which he
thought would break up e Erie rings stokes said that
11ss ss rTs x. ss
lie the hands OF Fisk or some 9f his mem when he
mentioned Fsks name he seemed greatly excited he
asked II witness recollcctcd
: rnE CASE RATION,
and said that he expected Fisk or some Of his hreings
woud sh Ooth
Crosse xamined-IIe said he went prepared when hc
went out Al night and the conversation Terminated.
TESTIMONY or Mr.. MARSH.
Luther r. Marsh Is n lawyer had pracused law In this
city for ftv.nve years and upward; know the prs-
oner and was counsel for him In certain case was
counsel Tor him some weeks before the at the
Grand Central Hotel used 70 him pretty often IL
WAS 4 subIect OF frequent remark by him. 1870
TnE THRxATS nv
but it Il difncut for me TO remember particular In
stances; ne sad that he AFRAID 70 20 out and oen
asked me 70 10 home wish him In carriage he said he
vna followed by two men end could not 70 any