New-York tribune., 1876-01-20
THE COURTS.
STOKES ASKS HIS RELEASE.

He CLAIMS THAT TIE ZEN MONTHS IMPRISONMENT
IN TUE ToMBs SHOULD DE CONSIDERED PART OF
HIS TERM.
Edward s. Stokes, who on his first trial was
convicted OF murder for killing James Fisk but on sec
ond trial was convicted OF manslaughter In the tbird de-
gree aud sentenced TO the full term allowed Tor that
ofense-for years IN state Prson-has applied ior hs
release by haboas corpus. He was sentenced IN oeoDe
1873 and under the statutory allowances for good be-
hayor would be entitled to his discharge next Dccem-
Der or January. But after his sentence Cor murder aud
belol new trial was granted, ho for ten months
under imprisonment. lIc claims that that time should be
allow on hs last sentence audi calculating the Time
gained by good conduct and by that impnsohrneht'
claims that hi, time expired on JAN g. The petition pro
sented TO Judge Barrett by his counsel Charles L.
Brooke, Is as follows:
OF New-York respectfully shows to your Honor that Ee
is now detained and imprisoned and illegally restrained
said State NewYork at sing Sing in said Slat in tho
said State Prison, and that he Is not GoHmltea or ae
c,ned by virtue process issed by any COurs OF
United States or by any judge thereof nor Is ne ee
tanned committed By yrtae OF the Ena Iu1Sneat or
he IS advised and believes and 90 states ~ virtue
OF any n1 ar :, By sfSa yne OF y Is
sued upon such judgment or decree thaI snI Snse or
pretese such imprisonment according TO mo Dot O
The knowledge and belief OF petitioner S hat uer
t0iOre ut Court II oyer and Ternilcf, hOIieh n dn
for the CITY and County Of New-York. your petitioner
was convicted Of the felony Of mansau9hter IN tbs ihIi
degree and by the ud gent OF the said bonOrbe Court
was duly sentenced u term VI impl1sOnncnt III thc
sad State Prison at Sing Sing; that he has ever shee
been held and detained, and now Is as alOiesaiu
Illegally held and detained, and restrained IN his Dcfy,
he is advised and believes aud states That zoe
Judgment Gaid honorable Court OF oyer ald Ter
miner upon TIE conviction aforesaid has, as your lci
toner likewise advised aud believes aud 50 slsts Decn
fully and entirely satisfied by the soryics by yonf pet
toner OF the full legal term or imprsOltnt impOscd
thereby, d that such Judgment was and mas been 80 as
aforesaid fy aud entirely satisfied upon and since tDc
Gth day OF january. 1876 ana that snce Slil 6h dy Oi
1876, petitioner Decu detained Aiiu
DprsOl 0d at Sc said ssate Prison by tno Warden there
Of ~ aforesaid, without color OF legal coniDtii1n
process jddancnt whatever, and without any warrant
authority OF law for such Ley; detention aGd inpIs
Mt Wherefore your petitioner pfGys bhAt "lt OF
lGbrAs corpus may issue directed to tho said respondent
tue Warden % the Stale Prison NJ sing sing, commanding
riIn produce the body OF yoar petitioner, tothcg
iDn to tO cnd that your rooncr may Do relieved Oi
~, pF, sent ilri'l imprisonment. EDWARD D. oIOhilo
Dated Jan lS 1876.
AGncyaJ is u certihcat5 from Warden walker OF sins
sing Prison that Stokc,s conduct prisoner has been
cyccllcnt
Judge Earroit inquired Of Mr Brooke whether It was
claimed that judge Davis in sentencing Stokes erred In
not qliovinr tnc tmo already passed Ia prison. t'r.
Igr0oae dife1ined any such purpose bu cailGcd tat
ihs Judge having rghfuy den cncol stokes or ihs oA'
tfeinc Iuo, thc period spot ~ tho pyCner in i AOh
under 'llyd conviction OyiOusly should BE- uHAtte ca
THIS trln Tar question novel tic nearest precedent
bong Odiity's C.lso where pIbOnof sent iOf seven
yt.tl. St.t" Prison. obtaining now uId, Was tei-
Tar ,Uur sentenced years inPris,nneit IA
the psnit utary, bat discharged him at once on the
.iuuid tlaj he had GlIsbiy aCricd bIA- year Juuoo
Barrett d. served his decision.