The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-10
PETITIONING FOR PARDON.


APPLICATION OF EDWARD S. STOKES TO GOVERNOR
TIDEN.
A petition has been laid before the Governor by
the counsel for Edward 5. Stokes asking His EX-
cellency for pardon and consideration in the
execution OF the sentence imposed upon stokes
alter the last trial or rhe time spent the Tombs
previous TO the trial and sentence. The follow
ing are some OF the points set forih in the appeal
upon which Stokes leans for a favorable ruling:-
II TINS were appeal to the public at large should
and Dar manmer in Which have been aA eries for
s m e ~ OF one aS Soa re-
hope that The day had AZ length come however arily
the undeeepve light OF ali the facts surrounding the
Hatemsns esn upon the
o1 Seiose could open my lips In eSpana
sSe dIYs You such remarks are unnecessary
TAR patient and Clement hearing. 1t is with such
Ses ess pn my 94 Your That nd
hs 4 Which h ae found
BY the statute TO be THE Killing OF another IN the heat
Si Passion without design e effect You Will
hs! WIZ i5 S1sS As a. ''' '''' '' jury 'ND
seco"i-rhat my heart OF all wiful premedi
T1ird,That the act was committed '.hesr of pas
sion which phrase means according to the well set
jury must be so terpretedNthat my passions we're
fo It IS risis prncipe Of criminal jursprudence
tina, mere words Of reproaeh however grieyoas Are
nor any hing assault SUFFICIENT
When, therefore the Jury in my ease declared thu.
invoked that Fisk mad assaulted me with violence, and
sydsass watch a before Them
claimed they Should have done. into broad case OF
Some error Of law has been committed. the Court is
poweIess to aiora relief and the only course open Is an
when ali The iae Is and arsamsnts Iha, arise
! have sought to offer only AN outline OF my case,
which were Admitted or not successfully eenrovertea
evdence Tor if Il be deemed ese 1
have iet that It was but an act OF simple justice to
with such faithful devotion thus July place
es H'0lf tn
principal ground upon which 5 licit Your Xxx.
ment has already exceeded in duration the time pre-.
scribed by law Tor me offence Of which am convicted
January lr and Kept there Tor nearly two long years
once illegally sentenced to death and the vergsof
being y,;S acreed to an fate for
until the highest tribunal in the State the udg
S anG ay 6s guilt; only
culiar and extraordinary circumstances descriL
y h
sooa e ha aTs cu 10 This Ssy
ON January suffered the iu imprisonment psseriIea
claim in every case similar to mine where . per.
son, owing error the part OF the government,
detained III prison tor Drotracted perOd-hed upon
indictment enormously charging capital crime, l
claim that the person enormously held and indicted,
ana then subsequently found guilty only OF minor Of
that the government has right
lnfct that prisoner sentence that In opera
ton subjects the prisoner to imprisonment exceeding
in duration the extreme limitation of the statute
for the offence OF which he found guilty. The
hardship the government nhicts by such iniictment
Is very great unfortunately so, and sad in the
IRENE but still excusable, because unavoidable But for
the to seek deny the untOrt prisoner
the benefit mat should accrue from imprisonment
the greater the errors and plumbers OF government
the the term OF imprisonme the government
must necessarily naict am proud to state however.
that heretofore such proceedings III similar to
mine are unknown.
In trial of Count Won Arnim after sentence
had been passed upon the Count Notwithstanding the
government had inncted upon him no previous hard
ship with high regard for justice and dlsree arding
date from the day OF his imprisonment In this appeal
have wholly avoided any attempt operate upon the
feelings sympathy OF Your Exceency. by recital
OF the terrible sufferngs unjustly and Illegally IT,
hiced upon nor to the fact that my Incarceration
4. ,ns T9%bs OWING to the nha'aSn OF
Rod completely undermined my physical system
These are misortuncs and cannot properly influence
Your Exceliency determining the merits OF my case
have any desire they should. Your Exceliency J
prudence and your " eilknown regard high appre-
citation OF true ethics guarantees to me that shall be
corded proper dlspensation OF Justice fully apprec.
State Of New York. which Your Exceliencv
honor 10 preside And whatever may be your decision
1t will doubtlessly be honest and just and such will
always be regarded by your petitioner.