Year: 1872




marched boldly in and faced the music. They had
made up their minds when they heard the defence,
and could not be changed.


Yesterday, juror No. Seven, when he came in
was very much frightened, and his splendid blonde
whiskers were very much wilted by the two nights
OF unrest and WEAKNESS, with nothing to console
him but cigars Of bad brand. Juror No. Nine,
q quiet, sallow faced looking gentleman, was In
evident good spirits, and took his seat as II he
had performed his duty with whole heart, and JUS
tice to prosecution and prisoner. Juror No.
Four seemed most uneasy Of oil the twelve, he
turned right and left in his seat and looked at
Judge and prisoner with benumbed expression.


Judge Ingaham addressing the jury in terse
and measured manner, said, "a suppose, gentle
men, you have not agreedf"


Foreman (Mr. Myer Homburger)-'No, Your
Honor, we cannot come to any agreement what
ever"


Judge Ingraham-" Gentlemen, you have been
kept together proper time and am satisfied that
your disagreement must be on some matters
of principle which are material. After the
length Of time you have been here and con-
sidering the state Of the weather, 1t is proper
for me that / should discharge you, and you
are, therefore, discharged. ! deemed 1t necessary
to keep you together for the time l have as the
case is one of much magnitude and has occupied so
much time that thought it was not proper to dis
charge you. You are now discharged from further
attendance"


The moment that the foreman OF the jury had de-
livered his remarks every one In Court rose up to
witness the behaviour OF the prisoner. He seemed
to take it quietly enough but his counsel were
ceedingly reIoced and manifested their feeling by
going to where he Sat and shaking his hands
warmly. The father Of Stokes, venerable old





hand of his son in frantic manner.


The people In Court poured over ratings ana
chairs and ran in every direction to get look at
the prisoner. number of ladies desired to
shake hands with him. but Sheriff Brennan and
Deputy Shields escorted nim to the ante-room, and
he was soon hidden from sight. Stokes expected
to be acquitted, and did not manifest any great
JOY at the disagreement OF the jury, although he
expressed his thanks rOundy and in hearty tones
to the three gentlemen who had declared for his
acquttal in the jury room. lie said that
1t was hard that he should be kept in
confinement again after his long and weary term
OF nearly seven months in the TOmbs; but still he
was regardfu Of the kindness shown to him by his
friends and those who had been steadast enough to
regard the evidence instead of the wild cry Of popu
lar prejudice.


A short time after the discharge of the jury





nan and his deputies, who marched in solid file
behind the prisoner. The Court House was
crammed with policemen and spectators and the
former had made passable lane through the ranks
of the latter for Stokes. Not an utterance was
made against the prisoner as he passed out
through the great living mass Of people and de-
scended the lofty steps into Chambers street,
where a carriage was in waiting for him. The
crowd surged this way and that way but no eX-
preston Of malice or hatred was heard. In fact,
every one seemed to be glad that Stokes had got q
respite, and he was pitied rather than contcmned
he stepped into the carriage. with Shields Jarvis
and Dempsey to escort him.


In the jury room, however, there was not mani
tested the peace and quietness which might be ex-
pected to result from such verdict. Five persons
in dsagreeing wanted to let the world know how
they felt, and HERALD reporter was present to re-
cord their sayings and to chronicle their "display
Of feeling"


All the jurors agreed that there was not in their
belief any premeditation of killing in Stokes mind
when he saw Fisk on the stairs. To the question
put to them by the HERALD reporter they oil an
swered in the same key. And yet seven OF them
were for murder by their own personal acknowl-
,edgment two for manslaughter in the third de-
gree and three for acquittal. jury is O gift to
mankind, yet it is strange how seven men could be
willing to convict of murder in the first degree; I;
and yet every man whom the HERALD reporter spoke
and in the jury room stated explicitly that he did
not believe that Stokes meant to kill Fisk on the
stairs OF the Grand Central Hotel, and furthermore
to muddle matters they could not see any evidence
in the clothing shown to them as Fsks clothing Of
his having had pistol when he was killed.


None ofthe jurors would talk until Mr.. Jacob valen
tine had been summoned to give them views about
hei Mt Vq nu hpir hal He nj
that there was no law to hinder them from speak
ing, but that they must be governed by their own
judgment and discretion In the matter. The first
man questioned had occupied the seat Of the
twelfth juror the trial. He was Mr.. Tucker, a
well-known downtown merchant.


Mr.. Tucker 0bserved:-"Now, what am to do in
this matterf The reporter wants to know If shall
give him the names OF the men who voted for ac-
quittal and why they did So" Whereupon valen-
tine replied :-"YOu can do as you please about
that, Mr.. Tucker; it is a matter for your own
sideration and discretion" "And," said Mr..
Tucker, ~ won't say anything"


Mr.. Hamburger, JewishOoking man, re-
marked :-"Ah, we were seben fur confction und
fife fur manslaughter in the third degreen


NO. you were not" said Mr. Tucker; "you were
seven for conviction, three for acquittal and two
for manslaughter."


At this stage Mr.. Roderick Hogan came forward,
with fan in his hand, ana looked at Mr.. Cornish,
while Mr.. Bond at this moment continued to pre-
sent a pale aspect.


ave we're polled four times" said Mr. Tucker
AFTER "but don't like TO say anything about this
matter. have been away from my family nearly
three days, and l would like to 60 home. There
are some young men here who can stay little
longer. have my business and my family to at
tend to-"


Mr.. Roderick Hogan here remarked, ave we're
seven to ive on the first poll. The seven were for
murder In the first degree"


number Of Jurors-"We could not find any pre-
meditation from the clothes. We could not state
whether Fisk had pistol or not. There was no
belief In minds that Stokes did go into the hotel
with the design to kill Fisk. That's Just what we
quarreled about"


This remark was made by seven or eight, and