Year: 1873

The conviction of Edward s. Stokes for the
murder of James Fisk, ir., certainly amazed
the whole community. There were many
reasons why few people anticipated more
severe verdict than that of manslaughter Ill
one of the lesser degrees while many
believed the jury would fail to agree;
but that verdict of murder in the
first degree could be extracted from
the evidence, or forced by the public clamor
| for the punishment of criminals, was looked
for with little confidence by any, and seemingly
was feared only by the experienced counsel of
the prisoner. 1t appears that both Tremain
and Townsend had proceeded to trial at this
| time of public demand for the enforcement of
the criminal laws, against their better judg-
| ment and that, at the request of the
prisoner and his relatives, they had con-
sented to base their defense solely on the
ground of "justifable homicide.o Thus re-
stricted, they labored against great obstacles,
and to this is to be attributed, in some measure,
the adverse verdict they have encountered.


While opinions among the legal profession
may and doubtless will vary as to the wisdom
of counsel in proceeding under these circum-
stances, it will be recognized by everyone





labored to save their client with even
more than professional fidelity and earnest
ness. Mr.. Townsend has gained additional
reputation for that ability in working up the
details of criminal cases which long since
gave him prominence and standing at this Bar;
while Mr.. Tremain, coming almost stranger
to our courts, has put himself by this single
effort very nearly at the head of the profess
sion. AS a speaker lie is more impressive than
graceful; more logical and argumentative than
rhetorical; and the general effect of his sum-
ming up was very favorable.


OF course the developments of the former
trial gave the present prosecution vantage
ground over the former counsel but the con-
duct of the case for the people was much
abler on this issue than at the previous trial.
A great deal of extraneous matter was thrown
away. Very sagaciousIy the medical testimony
in proof of death from the pistol wound
was wholly omitted; and had the defense
been willing to submit its evidence that death
was superinduced by the use of morphine, it
could not have done so without using the
former witnesses of the State, who had al
ready sworn that not enough of the narcotic
had been given to cause death. AS, of



own testimony, the plea would have
fallen to the ground. There were many
other less notable Improvements in the
line of the prosecution, showing that it had
been carefully and skillfuly prepared If any
criticism upon the conduct of the case be
allowable at this time (and since the conclu-
sion has been reached we suppose the restric-
tions of Judge Boardman are remOved), the
severest must be that which found frequent
utteraDce in the courtroom relative to the
exclusion of testimony which, in full justice
to the prisoner, should have been presented,
and the sharp and sometimes savage cross
examination of some OF the witnesses for the
prisoner.


Without appearing invidiOus we may properly
remark that it is, doubtless to Mr. Beach,
most Of ALL that the result of this prosecution
is DUE While Mr.. Fellows has displayed great
alacrity and powers Of repartee, and Mr.. Full
lerton has developed wonderful familiarity with
all the details of the case, Mr.. Beach has been
the central figure on the inside of the bar.


To-day the dreadful sentence of the law in
this case ia to be pronounced. One
year ago to-day the crime was committed.
This fact must add strange solemnity
to the scene; and it is probable that the
courtroom will witness one of the
most remarkable conclusions to a remarkable
drama ever enacted within its walls. There
fingers in the public mind some doubt as TO
whether the young man now convicted OF
murder was really the aggressor; and the
sympathy his unexpected conviction for pur-
der in the first degree has aroused, is hight
.ened by the popular aversion to a penalty,
which precludes the possibility of miti-
eating the verdict because of such
doubt, no less than by recollections of the
career which the prisoners act brought to SO
sudden a close. We do not believe in hang
ing as the proper punishment for murder.
While the law prescribes it, we believe the
law should be enforced; but does not the
public doubt about this very case give voice
to the popular argument against the continu-
ance of the lawf --'