The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-17
STOKES APPEAL.
Has Governor Tilden Denied Stokes
His Legal Rights?
A Strong Argument from the Prisoner in
His Own Behalf.

Ira Shafer counsel for Stokes this week. The follow
ing is the prayer OF the relator:-
To THE HONORABLE JUDGES THE SUPREME COURT,
SECOND DIsTRIcT:-
In my appeal from the decision OF Justice Dykeman
in Diminishing the writ of habeas corpus-now to be
argued before your honorable Court venture TO pre-
in this informal few important facts
bearing upon the case that you may deem worthy oil
beg that YOUR honorable Court may condescend to
favor me with perusal of this communication, al
though not confined exclusively to the legality OF the
question only refer TO facts and as many OF
them are germane to the question involved, have hope
that may succeed in bringing to your notice matter
that may, perhaps, influence your decision.
II is decidedly proper and due to counsel that
should this communication originates purely with
myself and is forwarded upon my responsibility
neither have submitted 1t to any one for CRITICISM
and hope you may therefore, graciously judge OF it
accordingly.
II my intention one year ago to have made APP
pication to the courts in another form the
case, in order that might have the question finally
Rdiudcated in seasonabe time derive full benefit
from favorable decision.
was, think, reliably informed at that time that
Governor Tden contemplated interposing in my behalf
the Executive prerogative. received numerous let
ters from parties of high influence to that effect and
that the Governor entertained but the kndest of
feelings toward me. Ex-Mayor sprggs, OF Utica who,
] believe, nominated Governor Tilden, a gentleman
whose high character and standing your honorable
Court is we'll acquainted with, to at that time
In reference to my pardon, saying
''After full talk with the Governor, can hope to
congratulate you in the not far distant future free
and happy man"
Mr. Spriggs exhorted to exercise patience enter
tanning no doubt Of success and assured Governor
Tiden was most favorable TO my appcaton-but at
best slow to act-warning me not to press him.
would encounter his antagonism.
My parents called upon Governor Tildcn numerous
occasions both at Albany and New York city, and
from the encouragement from time time extended,
and the fact that he assured my father by letter dated
January Z, 1875, 'my should have attention,
reposed In perfect confidence and regarded all legal
proceedings as entirely unnecessary.
On the 9Th day of January, 1876, after having my
under consideration one year. and after had
tered upon illegal Imprisonment he fifth of actual
connnement) l for the first time appraised
that my application had been denied, by
hearing that Geographic communication from the
Press all over the United States TO that effect
Approaching Governor Tildens political perplexites
and the fabihty of human nature shall not lament
nor have any regret at his refusal only bitterly
regret that his refusal delayed and inopportune
My great rreparabe loss was the misery inflicted
upon my aged parents holding them in a state of pain
full excitement and ntolerable suspense for such pro-
tracted period
| only refer to this as showing how I have
been subjected; trusting that your honorable Court
may compassionately feel disposed with Judge Dyke
man. who has already kindly promised to aid counsel
that my case may be finally adiudcatcd as expe-
ditously possible so that shall not suffer unjust
and illegal Imprisonment for longer period than is
necessary in the event OF favorable final decision.
Apologizing for thus promising permit at once to
call to your notice some facts relevant to the issue.
1t has been heretofore supposed that the most
and rigorous enforcement OF law possible to de-
prve the prisoner Of all benefit of Tombs imprsop-
mcnt preceding conviction and then impose the maxi
mum penalty of the statute.
Ny unfortunate and remarkable case presents the
only instance on the criminal records OF these
limits being wrongtully transcribed
was imprisoned on the 9th day OF January, 1872,
under indictment charging murder in the FIRST degree
thereby deprived of ball. and held for nearly years
notwithstanding the Legislature intended to protect
the people from any such prolonged confinement, by a
provision that the prisoner shall be held to bail tried
AFTER ninety days unless the District Attorney show
to the Court good cause for further delay.
was arragned in the Oyer and rerminer. at the
expiration OF said ninety days, before Judge Cardozo
whom my prosecutors had selected 10 preside at my
trial.
Private counsel was employed against me- Messrs
William A. Beach and ex-Judge Fullerton, who ad-
vsed the District Attorney, S. B. Garvn, that the
question as to the legality of the Grand Jury that
indicted should be determined by jury trial, which
subjected me to additional delay
Upon the conclusion of SAID trial Judge Cardozo
resigned his official position which delayed my trial
still further until the month OF June.
After most strenuous exertions to obtain trial
was arragned during said month before Justice In
OF the jury.
The Court was then adjourned sine die during the
months and in the fall the of William NJ.
Tweed took precedence; and it was not until December
that could obtain second trial. which resulted ON the
6tn day Of January in conviction Of murder in the first
degree.
The manifest terrible injustice that outrageous YER
dict inflicted upon me matter OF history, and will
expatiae upon further than to say that on the
10th Of June the Court Of Appeals by unanimous
vote reversed the judgment, declaring IL illegal in
should be written. District Attorney Fellows,
representing the people at that trial has
since had the manhood and magnannity to
police authorities fully satisfied him Fisk armed
Fisk's pistol was picked up on the staircase and
spirited away and further that he fully ndorses the
opinion advanced by Mr.. Bartholomew the foreman of
the final jury that the principal witness, Thomas Hart
committed deliberate perjury
The Court Of Oyer and Terminer, shortly after the
reversal of judgment by the Court Of Appeals adjourned
for the summer and the earliest opportunity offered for
my third trial September, and the 18th day of
October was convicted Of mansaughter in the third
degree.
In the above verdict in preference to disagreement
Judge Davis sentenced me to On imprisonment Of
four years. the extreme limit OF the statute. II is
proper that should state that Judge Davis passed
sentence Immediately after the rendition Of the
dict, which was ndeed q most astonishing verdict to
every
II there was any truth in the evidence OF the hall
boy, Thomas Hart, l unquestionably guilty of
deliberate murder But II the story Hart rehearsed
the witness stand, after study OF six months
las he testihedh was false from beginning to end, as
dence clearly established IT. undoubtedly should have
been honorably acquitted
Judge Davis attention not being called TO tho fact that
had already suffered ten months Imprisonment owing
90 the previous judgment, submit that II not the
intention IL in the power OF the Court take
advantage Of my misfortune in falling victim 10 an
illegal conviction, 70 unbrdled prejudice and inct in
creased Imprisonment II is beneath the dignity OF a
Court stoop to embrace any such Unfair advantage
II the illegal conviction OF January 8, 1873 had not
taken place how could the Court add its additional
imprisonment II the illegal trial bad been proper
legal trial the penalty would have been
tence OF four years dating from January 1873 and
submit IL must be so regarded
IL appears that the government not satisfied with
depriving me from all benefit OF one entire year Of
Tonbs Imprisonment suffered previous to the illegal
Judgment Of January 8, 1878, which imprisonment
have clearly shown by all the known laws OF justice
and equity should have received full benefit from,
now endeavor illegally to inhict upon me additional in
Jury by stripping from all benefit from those months
OF torture passed In the condemned dungeon, under
the very shadow Of the gallows
And right here permit me 70 call 10 your notice
Ffrst-The prison authorities, from sense OF justice
and duty, advocated my claim 10 this Imprisonment.
Sec0nd-According 10 the commutaton law passed
by the Legislature undergo combined tmprson-
ment (Tombs and Sing Singl equal exactly IN
point OF duration 10 a sentence OF seven
years and six months In Other words,
aperson sentenced to seven years and SIX months on
the 9th day of January 1879 1.-THE day was first In
carcerated his full o. expires precisely
the same time mine
cannot therefore, be possible that the law IS open
20 any such cruel Interpretation and incongruity.
The only question then for your honorable Court TO
decide Isl