The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-06
ED. S. ST0KES'S STRUGGLE.
MS FRST LOOK ON THE OUTER
WORLD IN TWO YEARS.


o' 'u"ico-Ths Prisoner demanded Bn ck
TO sing sing Prison-A Disappointed Man.
Edward $. Stokes's fifth application for
svrit OF habeas corpus was granted by Judge
Dykman on Tuesday last, and made returua able
at special term OF the Supreme Court in White
flains Yesterday. The writ was served upon
Warden YounGs Of Sing Sing prison on wednes-
day. Stokes was warned by telegraph on Tues
day evening. and he INN ed lately made prepara.
uons to answer the writ
Long before the sun shono between the iron
bars Of the hospital window into the little cot
where Stokes has slept for over two yea g. the
prisoner was up and nervously walking the
noor waiting to he called to the ofice. Prison
Inspector Wagener, Warden Youngs, Chief
Clerk Whallen, and several keepers we're In the
ofiice when the messenger was sent to him.
Stokes walked quickly through the corridor OF
the main prison and ascended the stairway load
ing TO the business ONCE Inspector WAGNER
md warden Youngs greeted him and cordially
shook hands with him.
stokes was at,Ired In a dark blue overcoat,
dark dress coat and vest black and white mixed
trousers. and black Kossuth hat. His short,
curly gray hair was neatly trimmed, and his
black moustache and eoatee were twisted as OF
old.
WELL" said stokes, ~ feel a little m ore natu.
ral 10 these clothes"
AT half past ei-ht Guard Rodlan drove up to
the marble steps OF the prison with pair Of
large sorrel horses, harnessed to a two-seat
sleigh.
Stokes and Warden Younss took seats In the
rear seat, and Sun REPORTER seated himself
with the driver. Several convicts stood 10y the
roadside and smillnsly said Good.by," as the
sleigh passed. and the guards raised their hats.
The crisp morning air and flying snow raised
One'a apirita L. az 81,
on the boulevard" said stokes
80 By half past ten tho main street OF White
arrival OF stokes had brought out half the in
h.hitants, and as the sleixh was driven up tho
street the sidewalk was lined with men and
boys who clriously gnzed at the occui ants
oI the sleigh. The driver was instructed
r6ui; 20 60 ,,.he 10 the private entrance Of the
the strategy was frustr ted, and when
warden Nounrs and Stokes stepped out of The
.rish' they were met by crowd who blocked
tho way to the stalrWay. chief of Police Barnes
pushed his WAY thrOn-a the crowd and escorted
the warden AMI his pri oner TO the judges
private Iarlor. The notice - his arrival s9ru q
quickly through the building. AMI the court
and VILLAGERS. Ihey iosiled and pushed each
other until the seats were packed. At about
court room. Ha was followed bv his brother
II race, aud counsollols Ira S.afcr ana e. ".
Brooke. stokes walked To the clerks tesk and
was sworn 10y De uty Clerk Mills. lie was then
gwen a seat In the rear Of the reporters desk.
his counsel sitting on his Hight and his brother
! dies In the & .llery were more energetic than
in the crowd below.
Judge Dyxman gave notice that no was ready
IT, hear what WAS 70 be said, an Acting District
Attorney Nelson II. Baker Of sing Sing old the
court that Warden YOungs had made the
pToper return TO the witt Mr. Brooke then
made formal application for the release Of
stokes. The traverse to the denial SAYS In sub
stance. that Edward :. stokes, the reIatOr. being
In court. denies the ma ter contained In the re-
turn that the judgment Of the commitment IA
informal and illegal. and insufficient to warrant
satisfied by the fuli term since Jan. 8. 1879. and
that detention is an injury to the relator aud he
therefore prays for release.
Mr.. Brooke said he denied the legality Of the
conviction, and also the legality Of the imprson-
ment.
vitation Of the representative OF wesichester
county, he appeared to oppose the motion for
tlon be denied. He said " he prisoner Is held
on proper commitment ana conviction by
court OF competent Jurisdlction and he should
be temandcd Win 2ut henrng.' lie then read
from the statutes the law regarding writs u ha
heas corpus. ana the statutes that provide for
the comm itatlon "i sentences. and SAID " WIS
but a matter OF common computation whether
the sentence has been fulhlled. lie argued that
sentence coulu onl De computed from oct. p,
1873, when the final conviction was issued. aud
sad that no person coul G. behind that com
mltment, and then cited the case OF Tweed.
MIR. Brooke said that the question raised was
one Of blended f4ct anu law. ami put IN evil
drncs the commitment, tho judgment of the
Court OF over anu Ierminsr. ana the Judgment
Of the Court Of Appeals.
MIR. Phelps opposed their admittance, but
judge Dykman oyerTued the objection, and
said that he desired t. have every KIND " testi-
mony entered that would raise the question
Mr. Brooke said that after the granting Of tho
writ, the motion must be heard as to the legality
OF stokes's imprisonment.
Judge Dykman interrupted Mr.. Phelps when
he was about to reply, and said that a ter due
thr matter might 80 under examination.
whit want"
ST. Brooke explained the law concerning
commutation Of sentences, and Mr. Phelps re
sponded that the Communication lay only with
Mr. Baker said that no service in the Tombs
could Operate on the sentence, and moreover |
that Stokes had not been Imprisoned at bard
There. there" could be heard from Stokes.
when Judge Dykman asked Tor more explicit |
statement from counsel, 4" hos got IT,"
Mr.. Phelps argued that service in tho Tombs |
was not imprisonment In the State ,prison. and |
in the State prison on the sentence of death in |
the nrst tIial. II must come after conviction. |
rendered none" His most Important point ia |
the argument was that even II he was allowed |
for tue lmprsonment n the romes, i could |
judgment was set aside, and said that he was |
not to satisfy sentence while awaiting trial |
that prior to Oct. es 1873, he owed no service, |
because he had not been convicted OF any crime
the reversal OF the death sentence having maze !
II the same as though no trial had taken place.
Mr.. Shafer closed the arguments with a criti- |
cism on Judge Noah Davis which stokes said |
he wished had not been spoken, as he was crate |
ful 10 Judge Davis for what he has done for him.
Judge Dykman did not waste any time In |
making bis decision. He said that Stokes had |
days OF his sentence, and It appeared that the |
prisoner was held by anal judgment |
ton. The judgment under which the |
pretextwa made was a Judgment OF execu-
ton, and he was held In the Tom bs on that judg-
ment His Honor SAID II decide that the term |
duing which the petitioner may be legally de-
tained has not expired, and remand hun to |
the state rrison IN Sing Sing, from whence he
was brought before me, to serve out the re-
mainder OF his term, aud dismiss the writ of |
hubeas corpus"
Stokcss counsel then formally appea led from
the decision TO the General Term, whlcn M eets
on the liih.
The drive back to the prison was more pleas
ant than IN the morning. Stokes said to the
reporter, ~ am perfectly satisfied with tho
result. could not wish for anything more. 1 |
have now a standing In the court, and can |
soon carry II up to the Court of Appeals"