New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-02-07
LOCAL MISCELLANY.
sroKrgs APPEAL DENIED.

sTOKEYS APPEAL DENIED.
Sm ARGUMENT FOR HIS RELEAsR BEFORE JUDGE
pYKMAN, AT WHITE PLAINs-SToKEs REMANDED
TO PRISON TO SERVE OUT HIS TERM.
The courtroom at White Plains In west
estsr County was crowded on Saturday having been
announced that Edward 8. Stokes was TO DO brought
before Justice Dykman on . writ OF hsoeas corpus
Many ladies occupied portion Of the gallery AT the
opening Of Acting DstrictAttorney Baker, I'D
behalf of Mr. Young, Warden and Agent OF the State
Prison. Sing Sing read tho return Of that officer Mr.
STOKES produced having been driven In sleigh ron
Sing Sing Mr. Brooke counsel for the prisoner tion
sssd the traverse, Of which the following IL the main
portion;
That the commitment copy Of Judgment snneIed 10
said return the warrant auhoritS for the detention
and custody Of the said relaor by the said
and insufficient to warrant or justify the furher 1sten
ZION Of the teat0 And FOR hsa tSs Sep Of which
copy b annexed TO the said return as he cause OF VIC
Respondent 10 in all respects fully satisfied and dis
ehRed by the service OF the full term therein required by
ny satisfied and discharged wit since the 9Th day Of
January, 1876 and the detention and Imprisonment Oi
been without authority and color OF law and TO the man
fest and injury Of this relstor Wherefore tse
discharged without delay.
MI Brooke after reoitng the facts connected with the
three trials of Stokes their respective results stated
that he claimed the discharge Of his client Oh the ground
tnet the Judgment nhu Dcen thht tho
prison servitude had expired: that having at his last
trial sentenced to four years imprisonment In the
State Prison. he had been confined already for period
Of two years and eight months and by the laws OF tho
State he was entitled TO communication OF nearly six
months for good conduct during his imprisonment that
the prisoner was entitled to have the period OF bis con-
Ane1ent in prison from his first conviction on jan o.
1873, to his last conviction, considered as . part
Of HE torn of imprisonment DistrictAttorney
Phelps opposed this view Of the case, ana
sited various authorities the points raised.
The arguments Of counsel occupied the attention OF the
Court until after o'clock, when Justice Dyknan denV-
ered his decision setting forth In regard TO the comn9
taton allowed good conduct, that II matter eit
70 the discretion of the Warden OF me prison. ana WIN
which could not properly interfere; that before
Feb 2S 1873 the day which the prisoner was sen.
fenced executed, he not serving any term OF
imprisonment Subsequent tn that time ne was detained
20 await the action Of the COur In the case instead OF
being held to bail On Oct 30 he sentenced to four
years. Imprisonment, with hard labor That term has
not vet expired only two years. three months and seven
DAYS having since elapsed. Justice Dykman therefore
felt his duty remand the prisoner 10 the etae
Prison to serve out the term OF his sentence.
The prisoner, accompanied by his brother was then
taken by tue Warden Of the prison back to his od guar
ters Mr. Stokes looked well, but appeared much dlssp
pointed with Justice Dykman's decision