Year: 1872

sbe and Won fnd that the killing done in the heat
OF passion and without any previous M 10 h III @ m
treating. then the prisoner Will DE conNleteH ol an
slaughter in the third degree bs he treaent
caused death of the deceased ana not the wonnu
then you will acouit the prisoner but II you find the
prisoner was not justified in killing. and that before


firing the shot he had premedtated the design to take
the life OF Fisk whether such design was formed before
his arrival at the hotel after mis- arrival or before ne
fired the pistol and that the wound caused was the
cause of the death OF the deceased may 1nd the
prisoner guilty Of murder In the first degree. These
rules embrace the whole case and under some one OF
them Won may find verdict. II cannot be manslaugh-
fer i'm the first or second degree They do not relate to
the oense You can find murder In the first degree or
msnslaughter in the third degree.


In regard 20 insanity, there was no evidence as 10
insanity In the case


The Judges voice weak as 10 be inaudibe to
of the audience and Of the jurors had to lean
forward catch his words They listened intently, as
indeed they have ever since the investigation began
and with such remarkable patience to stamp them
truly conscientious men. But all eyes were directed
during this trying houor the charge occupied over an
hour in its slow, measured, and painful delivery
in serious conversational tone-upon the prisoner,
who on the other hand apparently OBJ
liyious TO the presence of all save the Judge
and the jury He seemed it were to watch the words
as they fell from the lips Of the Judge and oud the
turn, nvoluntary perhaps to the jury as II 10 read
upon their counteances the effect of what they heard
For two weeks Stokes been endeavorlng TO imagine
their characters by their features, ana II he mas not
learned to read alta glance Il mas not been f9r
OF intent and study Of the faces OF the twelve
who have held his fate in their hands Meantime he has
been no less study for the hundreds OF others rs
know it, Those who have studied him closely saw In ms
eountenance the bitter disappointment ne iet az Se
from the first has insisted, when consulting with his
ha Judge ana h shE9G y MUM t ie sons
might influence the father The remarkably cold charge
much of the evidence and declaring other to be worth
less bitterly disappointed the priso5sr and
of f6e ndee TO favor him in any way On the retire
ment Of the jury their chamber, the prisoner was
taken into the Chambers OF the Supreme Court, and
here he gave expression 20 his disappointment at the
Judges charge, and appeared more anxious and des-
pOndent than at any previous moment of the trial.
Naturally sangune aud persistent in the belief that the
long persecution Of him by Fisk and the Erie Ring in
cOnimittedi he had not previously recognized his
danger, or the difficulty OF making his defense
had on began to realize what an obstacle the law is to
the revelation of the whole TRUTH and what tremendous
efforts had been put forth by the prosecution to conceal
part OF the truth This revelation naturally enough
caused him anxiety, and for the two hours and a
half during which the jury remained out before return
ing Court the prisoner paced the floor OF the Supreme
Chambers nervous, saddened, and despOndent.


apparel of Fisk which had been submitted in court
Judge Ingraham sent for aud mean time the counsel
be given The Dstrict-Attorney had endeavored TO
show by the bullethOe in the clothing, that Fisk had
his arms folded when shot at, something after the
supposed manner Of CG5ar when he fell. The
evidence Of the prisoner showed that Fsks hands
clasped in the act of cooking ms pistol which attitude
was not unlike that pictured by the DsrlcAttorney;
but the counsel for the defense had Of calling
the attention Of the Jury 10 this Nevertheless they
concluded best TO make objection 10 the delivery of
clothing to the Jury and went into court with that
purpose Judge Ingraham came into court at tel
minutes TO five o'clock The courtroom was crowded.
and passage cleared for the prisoner, who came
in and took a seat behind his counsel few minutes
afterwards the Jury entered and took their seats


Judge Ingraham-I understand. gentlemen, that you
sent for


Myer Romburg Ohe foreman)-Some of the jurors
would like to have Fisks clothes.


The Court-All OF theml


The EOreman-Hes, Sir.


The Court addressing the prisoners counsel-IIave
you any objection, gentlemenl


Mr.. McKeon-NOthing except the consent Of the pris
oner could give them and do not like TO refuse We
had opportunity of replying TO the argument Of the
Distrct-AttOrney them, and do not know If they
in the condition as on the 9th of January But
we have nothing TO keep back. Take them.


John A. Leferts, the ninth juror-Judge, your Honor
there is misapprehensiOn TO the intention Of
premeditation. We have talked that subject over and
failed to agree that point and we want, therefore,


The Court stated to the jury that the premeditation
required formed by the statute, in order to
stitute the crime, may be made at any time before the
blow is given the firing doing injury. The de-
termination to kill may be formed at any time prior to
the act Of killing whether months weeks or hours or
minutes before striking the blow or shooting the pistol


Mr.. Mekeon-But there must be a full aud complete
intention 10 kill, your Honor


John Tucker, the twelfth juror-What length Of time
would suicel Would half a second do3


The COurt-Any time sufficient for forming the inten-
ton, but there must be premeditation.


Mr. McKeon-There must be sufficient time before the
act We except 10 so much OF your Honors charge COW


The jury then retired with the vaso containing the
clothing


The air of the had changed during the brief
stay OF the Jury. When they had marched ia there
considerable confusion gavety some light laughter
for of the whole audience not ten perhaps expected
any other than verdict Of acqutta But the
Juror LefeTts had spoken sudden gloom passed
the whole courtroom. The prisoner frowned at first,
and then his cOuntenaDce settled into fixed gaze
of deep dependency. And thus no sat through
the brief scene, and was aroused only by
his counsel began the discussion Of the stua-
ton All had instantly construed Leerts's language TO
mean that the Jurors were discussing the question OF
murder in the first degree and differed only matter
of time. And In ruling this point Judge 1ngraham
had ruled against the hopes OF the prisoner and
against law his counsel understood IT, that they in
etantly entered an exception.


Two hours later on learning from the iury-room that
the Jurors had not agreed upon verdict Judge Ingra
ham until sunday at hapast 10 OclOck,
and the prisoner taken again to the TOmbs where
during the whole night, he paced his narrow CELL de-
iected. disappointed and unable 70 sleep.