Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1879-07-14
THE STOKES CASE.

n leSd1ly enPduolleU jury, VI average |
intelligence, after hearing all the evidence
produced by the State and the respondent,
have acquitted DR.. Stokes of the crime
of procuring abortion. Perhaps this is
all that should be said. But there are
some facts connected with the case that
are worthy Of study by the public gen.
orally.
The facts as disclosed by the evidence
are briefly these: That DR.. Stokes, in
company with young man only, took
girl to shanty on Kirby mountain, near
Victory, at long distance from any
house, and there by the use of certain
instruments performed a criminal opera
ton upon her, of such character that,
as necessary and intended consequence,
the girl was within a day or two prema-
turely delivered of child. The life of
the child was destroyed and the health
of the girl nearly ruined. These facts
were sworn to by the girl, and substan-
TALLY corroborated by the testimony of
the young man who was present, and by
that of the members of the family where
the child was born. The evidence was
complete and convincing.
The Court that tried the case, the
members of the Bar who were present,
and the outside jurymen who heard the
case were all, so far as we could learn,
unanimous in the opinion that the jury
would be out but a short time before
convicting him. 1t is telling no news to
say that the verdict of acquittal was a
complete surprise to every one except
the jury that rendered it. Since the
trial, Judge Ross has stated in open
court upon the bench that the three
judges were all agreed that the verdict
was against the evidence, was utterly
unwarranted, and tended to the direct
encouragement of debauchery and crime
He further stated that if jurors wanted
to turn criminals loose, they must
take the responsibility of so doing, but
that the court would not aid them by
discharging the respondent without 8
trial on the remaining indictment. The
Court made this healthy dcliverence il
response to request by Stokes counse
that he now be discharged on his own
recognizance.
The causes that led to this strang,
verdict can not all be known or stated
, One cause probably was the fact that tn
case was the last one for the term, tn
jury were tired, in haste to get home
and did not stop to fairly consider tn
importance of the case, or to weigh tn
evidence. The fact that the responder
t has lain in Jail for year, and so ha,
, already been punished to some extent
had its weight with some of the jury
Before the trial, a respectable man state
that no conviction for procuring abortion
7 could be had in this county. because th
D public sentiment of the county was i
favor of such practices that there woul
always be men on the jury who had OF
casion to use such men as Stokes. Pos
: siby there may be something of truth i
= this statement. yet we cannot believ
that there is any public sentiment in OF
midst that can for moment tolerate {
encourage this wicked, degrading, an
> abominable crime.
- - - Is = q =
n All people who are friendly to GOO
e order and the due administration of ju
d tice are in good conscience bound to
. nothing that shall encourage crime,
. discourage its due and proper punisl
q ment. Though it may seem hard in son
l. cases, it is better in the end that justit
II should take its course. If there was ar
h reasonable doubt of DIR. Stokes guilt,
was entitled to the benefit of the dout
T" But if his acquittal is simply lettir
1t loose upon the community guilty ar
IN dangerous criminal, then serious wour
re has been afflicted upon good morals ar
q public justice. 'The judgments of Il
:. Lord are true and righteous altogether
~ We should be glad to believe that Il
re judgments of our courts are all the sam
lg - Cdledonian.