The New York herald., 1876-02-06
SENT BACK TO JAIL.
JUDGE DYKEMAN DENIES TIE NOTION TO DIS
CHARGE E. s. STOKES FROM sINo sINe-THE
CASE TO GO TO THE GENERAL TERM OF THE
SUpRFAF COUET

CHARGE E. S. STOKES FROM sINo sINe-THE
CASE TO GO TO TIE GENERAL TERN OF THE
SUPREME coUET.
SING SING, Feb s. 1876
AT halfpast eight O'Clock this morning Edward 8
Stokes, Warden Youngs, Of the Sing Sing State Prison.
and guard named Theodore Rodrian and a civilian
left the prison go White Plains the writ
OF habeas corpus for the body OF Edward Stokes is
sued by Judge Dykeman, Of the Supreme Court
sitting at White Plains, and which writ served
on the Warden on last Thursday by son
OF Charles W. Brooke, of the counsel for
Stokes. have not seen Stokes cheerful or in
good spirits for four years he appeared this
morning and during the days proceedings. The
hnement and incessant torment OF his have made
the quite irritable and captlous; but to-day even
the partial freedom that he allowed 20 enjoy, to-
gether with the fact that he permitted to dof the
coDvcts uniform and appear in the garb OF gentle
man, made him feel quite cheerful, and he seemed to
have lost his prison gloom and trouble. Stokes made
hearty breakfast and when the sleigh engaged by War
den Youngs take the party to White
Plains came to the entrance opposite the female
prison he stepped out, dressed deep mourn ing,
with dark, almost black blue overcoat with black
velvet collar, black studs IN his shirt bosom ana a
black felt hat. He wore mixed gray pants and had
gloves As the sleigh was driven outside of the prison
boundaries Stokes looked all around him and said
with sigh OF relief 'lt is little cold to-day but II IS
fine day and the horses trotted along, the steam
flying from their nostrils, the dry, hard snow scat
lerng around their hoois Stokes settled back in his
seat under the buffalo robes and blankets and once
more ne lookedas he had looked before the days of
Erie ana Fisk On The Journey, owing 10 White
Plans being twelve miles from Sing Sing across
country, Stokes conversed freely with those in the
sleigh andcanyassed the chances and probabilities of
what Judge Dykondn might see fit 10 do in his case
The guard Rodran drove the sleigh and attended TO
his business solely Stokes gazed long and anxously at
the handsome residences and villas Oh the road as the
sleigh swept bX !esm EysEy reEson that the party
met looked at the Warden and his prisctcf and many
knew Stokes features and he received kindly saluta
tioQs from all. At last the town of White Plains camc
In sight, and quite number of people of both sexes
wereo the sidewalks eagerly looking for glimpse OF
Stokes he rode up the main street TO the Court House
The Court House crowded on the ground floor
and the galleries aarge percentage being ladies' who
remained standing during the proceedings, in order
that they might Stokes. There were no demonstra
tons of disapprobaton shown toward Stokes in court
Al COURT.
Al eleven O'Clock Judge Dykeman was on the bench
and called the case. Stokes took seat, with Ira
Shafer one of his counsel his right and his brother
Horace his left District Attorney Phelps OF your
city, Assistant District Attorney RUSSELL together
with Acting District Attorney Nelson Il. Baker OF
motion for Stokes discharge. Charles w. Brooke also
appeared for Stokes While waiting for the proceed
ngs to commence asked Horace Stokes II 1t was true
that his brother Ed would go Europe he dis
charged after he had fulfilled the term Of his SEN
lence. He answered by no means I'D ana
100000 formerly in the refinery and the
refinery belonged to mother The refinery is now
leased for 81 600 month and the lease expires before
1877. We will both run II together"
Judge Dykeman stated that he was ready to hear the
argument in the Sing Sing Prison case in the matter of
T. s. Stokes. Acting District Attorney Baker, who
appeared for the people OF Wescheser county in behalf
OF Judge Cochrane stated that the Warden Of Sing
Sing Prison had made proper return of the body Of
Edward $. Stokes on the writ OF habeas corpus.
Then Mr.. Brooke, behalf Of Stokes presented
the traverse to the return oil the writ He
denied the legality of the conviction and OF urther
Imprisonment District Attorney Phelps then made a
by the people of Westchester county 10 oppose
tion discharge Stokes from custody He reviewed the
statutes bearing the case the commitment, the
viction and the Imprisonment
A
There a Of the Court at this point and
Stokes and his counsel the Warden and Horace Stokes
went TO dinner the way the dinner being held
at the ordinary tables, where number OF ladies' were
present In speaking OF the case, after the dinner
hour. Mr. Baker stated that he believed that Judge
Noah Davis would have given Stokes hfty years i'm
prisonment If il had been in his power.
When the Court reassembled there was further apEu
ment by Messrs. Brooke Shater and Phelps on the mo-
ton the proceedings lasting until four O'Clock. Judge
opportunity TO get in as evidence anything that he
could show In mitigation and finally closed his decision
with the following words
DECISION
~ decide that the term during which the petitioner
may be detained has not expired and remand him to
the State Prison at Sing Sing, from whence he
brought TO out the remainder OF his term, and
dismiss the writ OF habeas corpus"
When the Court adjourned the party drove back to Sing
Sing Stokes complaining the way OF being cold
He expressed dissatisfaction at the remarks Of Mr. Sha
fer in regard TO Judge Davis
The counsel In the will appeal to the General
Term of the Supreme Court and should they fail here
they intend to go to the Court of Appeals.