The New York herald., 1876-01-19
STOKES ASKS FOR HABEAS CORPUS.
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THE WRIT 70 BE 1PPfifD YoR TO-DAY IN THE


SUPREME COURT.
SING SING. Jan. is, 1875
This morning the petition of Edward s. Stokes the
Supreme Court for release from illegal Imprisonment
since January O. 1876 was brought up to the prison.
and Stokes, being summoned to the warden's Office,
placed his signature edward s. Stokes" to the pc
titon presence of Warden George r. Youngs
The petition brought to the prison by clerk Of
the counsel for Stokes and the petitioners pray that
he may be discharged from further illegal imprison
ment by writ of habeas corpus which he asks the
honorable the Supreme Court TO issue his behalf
Horace Stokes will also make affidavit tomorrow
that he in court when, before sentence
being given by Judge Noah Davis upon
Stokes the conviction, which was obtained for
mansaughter, Mr. Lyman Tremain endeaVored 10
present plea in mitigation for the years impris-
onment endured by Stokes in the Tombs. The pc
tition and affidavit will then be presented judge
sitting In Supreme Court Chambers and Stokes seems
quite sangune to it's result points OF law alone,
several eminent lawyers having assured him OF the
validity of his plea
To-day met Horace Stokes, the youngest and only
brother left to Edward Stokes, and who mas been quite
faithful TO the prisoner during bis troubled existence of
the last fvo years Horace dressed IN the height
of fashion, and seemed sangune his imprisoned
brother in regard to the effect of writ OF habeas
corpus. In reply to the question: ''Do you think
your brother 3D. will come back here to prison
II he goes down to New York on writ Of habeas
this don't look like II, and he showed me handsome
blue black overcoat Of finest CLOTH lined with silk and
having handsome velvet collar ed will be dressed
in deep mourning when he goes TO Court, with black
tie, dark clothes and black onyx sleeve buttons on
account OF fathers death, continued Horace, with
quiet intensity OF satisfaction in the description Of the
details costume 70 be worn by his brother ed likes
the onyx sleeve buttons the same those worn by
But he particular about the style Of his hat that
is to wear as there is new style coming out He
seems TO think that his clothes WON'T At him.. ,.
had a eonversation with Warden Youngs in regard
expected habeaS
to-day and the old gentleman seemed quite anxious
to iulal his duty literally IN the matter
writ of habeas corpus peremptory mandamus,
enjoinng Inc 10 produce the body OF Stokes before
court but they may permit the alternative by the
wording of the writ to my discretion In the
matter and make the writ returnable TO court Without
the body OF Stokes. But have desire whatever to
keep Stokes in imprisonment II tho law declares that
he is unjustly detained, and shall have him taken
from the prison quietly and without any display to at
tract attention invite molestation the way down
TO the city from those who might desire to annoy Stokes
for the past asked State Prison Inspector Rodney
Crowley, who went to Albany short time since to
ask the Attorney General Of the State for instruction
the matter and in letter from Mr. Crowley he in
forms that the District Attorney OF the county OF
New York in which Stokes was convicted
would afford assistance and oil the
necessary instruction that / might find neces
sary l think l shall put Stokes in charge of my
clerk, whom can trust, and whom know will
not take q dollar. may also go down myself and
there should be any attack Stokes. At all events
will look out for the interests OF the State of New
In talking with Stokes to-day, who seemed to be
quite excited and impatient Of further durance,
asked him If he feared any attack or molestation from
the sympathizers OF Fisk Stokes laughed at the idea
OF lear in the matter, and aid:-''Why, l would
not be afraid TO walk down Broadway to the
Court alone far that is concerned.
Public opinion, l am informed by those who
know what public opinion is, has altogether
changed in the last three years Those who howled for
my blood then did not know the truth, and could not
get at il because OF villanous perjury but they have
been enlightened since / sure. ! think said
hat g m n of he
papers 70 circulate false report that have abused
criticised Judge Noah Davis asked my coun-
sci TO criticise his action my last trial;
and / ask you to state In the HERALD
that such statement Is false have no fault 70 and
with Judge Davis, On the contrary have the highest
regard and respect for him, and would sooner stay
here In prison than prove myself migrate to tho
who saved my life from outrageousiy unjust
Illegal conviction and wrote to that effect my
counsel two months ago However, | think every
thing that be done is done for the best and ask
nothing but be freed from what all lawyers consider
20 be an 0utrageously Illegal mprisonment"