Year: 1873




BoARDMAN.


Judge Boardman, in accordance with bis
nromise came 10 the Conrt OF oyer and Terminer on
saturday to settle the bill Of exceptions In the stokes
case The case occupied his attention all day. anu
very LONG argument took place The three phases Oh e
case 10 be passed upon First the OF tn
bill OF exceptions; second motion fora new uh anu,
third and application for writ OF error ana stay o'
proceedings pending the appeal upon tho writ OF error


The bill OF exceptions is full record OF the proeoeu
iurs upop the trial. aud the exceptions taken by the
for the prisoner TO the rulings OF the Court ana
10 portiops OF the charge The settlement or the Dill OF
exceptions H may be said for the Information OF 'hoso
who often wonder what the term means is decision OF
the Court whether certain OF the exceptions as SUD
mted on the part of the prisoner were really taken up
ON the trial. where the fact is disputed on the part of
the counsel for the prosecution The matter Is generay
decided by the minutes OF tue stehograpncr'
though it is usual to allow an exception
where the prisoner had objected, though
formal objection had not been taken after an
adverse ruling by the Court. When all the disputed
points are passed upon and the exceptions that are not
allowed are erased, the Judge signs the record upon
this record the case goes the General Term on writ
of error one granted and II majority OF the three
Judges holding the General Term decide, after argument
by the respective COUNSEL that the Judge upon the trial
erroneously admitted excluded evidence, or erro
neousy charged refused to charge the jury ane"
trial is granted but II the General Term fnd no ma
terial errors they affirm the Judgment In this case the
Court OF Appeals Is resorted to, and should they arm
the Judgment the General Term the case Is rentted
TO that Court for the resentenee of the prisoner This


Will be remembered occurred in Fosters case and the
only hope left for him prisoner s inerposon o
the part OF the Governor But after the signing OF the
bill the writ of does not follow as matter Vi
right but upon the certificate Of Judgelof the supreme
Court upon an pare application that there Is proDa
LIZ alIo ouin Wr
writ is allowed II 1t be not accompanied by stay OF
proceedings II will operate 10 prevent the sentence
from being carried into effect unless tho argument DE
had and an order for new trial be granted before the
day fixed for execution Though this Is the Ia" WIN
reference to cases In the Court OF oyer and Termner the
highest criminal tribunal in the state, the anomay Is
presented in the Court of General Sessions writ OF
error and stay proceedings is accorded by law III
every case Besides the remedy provided by law ior an
appeal to the General Term the Court OF oyer ana Ter
miner has also the power TO grant new trial TOT egu
larty or some exIrnse TO the proceedings upon
tho former trial. such newly discovered evidence or
improper conduct on the part OF juror sueh aterS
being presented by affidavit


The crowd that gathered yesterday, to witness tho
proceedings filed the courtroom throughout and an
absorbing interest manifested Before the mOuoh
was made set aside the verdict long discussion look
place between counsel in behalf Of Stokes and counsel
for the people, TO whether such Irregularities should
Inc made le basis separate motion for new trial. or
whether the Court should allow them to be inserted as
Mr. Reach in behalf Of the people, conended that the
alleged Irregularities should not be entertained by the
Court ALL because, they were at the time OF the occur
renee within the knowledge OF the prisoners counsel
were then known to them 10 be OF vital importance ana
vet suppressed from the knowledge OF the Court even
ii the Court should accept the adavts as TO the alleged


Irregularities as basis for new trial, yet the motion
came roo late having been made before Judgment


Mr. Tremain, in behalf Of Stokes contended that t1e
motion did too late. and that 1t should be made
to the before which the trial took place As 20 e
statement that counsel for the prisoner had at he ne
suppressed their knowledge OF the irregularities com
pIaned Of Mr.. Treman asserted most positively that he
and associates were Ignorant OF the u
made only after consultation with some OF the most
eminent and honored members Of the Bar was believed
esona honor of counsel and such rs the prisoner was
cgpr ndye BosrdmSn concluded that the to his
temporary absence and that of the prisoner during the


could not be S1 admitted %' sd @ PnTt Of % w - y Gs


s9 s f!a q 4 a gfs. af #s7 f SSg 5a
Mr Dos Passos in behalf of the prisoner fead adayits
to the facts the substance Of which has appeared m
the sidayt Of Charles Yost, OF the jurors to the
effect that he had no prejudice against stokes ana ihat
he did so from pure curiosity and learned nothing
IN connection with the case which he had not pre-
viousy known. An affidavit of George NJ. Manchester,
a Juror was also read, iu which he states that
he had prejudice against Stokes; that IN re-
ply to question the subject he said he would hang
stokes aud hang "Bill" Tweed too but that such
remarks not seriously made, and that his verdict
was impartial and based exclusively on the testimony
produced in court John A. Byers, juror, charged by
the defense with examining pistols In store, and
Augustus BecksteD another juror swOre that their YER
impartial and founded the testimony In
alone. Mr.. Beach read his affidavit, deny
ing absence Stokes from the Court during the trial.
TO mis- knowledge although in constant attendance The
reading OF the adavits being concluded Judge Board
man signed the bill OF exceptions ana argument on te
motion set aside the verdict was adjourned until TO-
day. At the suggestion OF Mr. Tremain formal order
was issued continuing the term over until to-day.


As to stay Of proceedings pending the appeal Judge
BOardman said that nasmuch the application for such
order could be made to judge lac was disposed to
leave IL to OF the judges here. Mr Beach said he
thought the certificate Of the judge that there was proba
ble cause TO believe had been committed. could
operate as stay. He did not know that notice
ossary but counsel the other side sent him
their intention to make application for stay, he
would not appear to oppose II.