Year: 1872


fEvEN FOR CONVICTION OF MURDER in THE


FIRST DEGREE AND FIVE FOR MANSLAUGHIEK


IN THE THIRD DEGREE.


II was generally anticipated that the pun
heaton on Monday morning Of the fact that the Jury IN
the stokes case had disagreed and that there was not
the slightest prospect of their reaching VERDICT "ouu
end public interest or, at least public excitement III
regard to the case and that the courtroom Wouo oo
comparatively deserted; hut before one reached the
Courthouse doors 1t was apparent that the excite
meut was greater than ever before, for at every en-
trance were groups Of lOudtalking men ana ie"
women OF the lower classes. In the courtroom llseh
the crow d. which larger than on any day oi 'ne
trial. was Of a different character. and it was rumored
that "Lynch's gang" which was formerly IN the en-
poy OF the Erie Ring at the Opera House and which DIS
puted possession when Gen sickles ana the REFORM
Directory occupied buildng-were present III large
force This confirmed partly by the prisoner VINO
pointed out In the crowd number Of men who as ne sau
had dogged him for than year, and partly Dy inc
language OF the men themselves But why they were
present no seemed to know, and II for mi sehei tothe
prisoner their designs not carried out as thc pre-
cautions of the Sheriff such that Stokes could nave
been protected against mob.


The same women who have watched the trial from the
beginning were their places as usual and were the
eager weI the most persistent observers OF
the final scenes prisoner and his counsel were IN
earnest consultation for some time before the iormh
opening OF the Court and il was apparent and indeed
understood that they entertained serious fears that the


y had been forced 20 render verdict by the refusal
of Judge nraham discharge them Sunday. Stokes
appeared less pale and detected than Sunday and IL
clear that he had slept during part OF the night at
least his eyes much brighter than on the pre-
vous day. His excitement natural ia his try
ing situation indicated chiefly in the twitching Of
his arm which he sought to conceal by the frequent
elasping Of his hands


Judge Ingrahan entered the courtroom at lO3 O'Clock,
and the Court was immediately opened by the crier.
official then sent 10 fetch the jury into
court room, and after brief delay. they came IN
and took their places when the Judge addressed them
a. follows:


suppose, gentlemen, You have not agreedi


Myer Homburger. the German Juror, who acted as
foTeman answered IN rapid aud somewhat lndistihet
No, your Honor; and We cannot come to any agree
IDent whatever.


Judge IngTaham-Gentlemen, you have been kept to-
gether proper time, and am satisfied that your DIS
agreement must be on some matters OF principle wmcn
material. After the length OF time You have been
mere, ana % thS s,e & oI ue @ ,d Won ,re re
therefore discharged. deemed IL necessary TO Keep
Won together for the time have the case Is one of
n0ch maghltude ana mas oec 80 NUN tIS ,t", "
Thought II was not proper 20 discharge YOU You are
Nj sparks tue clerk OF the Court, then directed the
Jury apply at his Office for their certificates, and they
anxious nqurers the division Of the iurysevea TO five


on the official announcement that the jury stn hope
lessy disagreed the counsel of the prisoner turned 10
him aud 70 each other with congratulations upon the
srue to he though II Il understood that only juror
John II Thompson, was originally favor of aequtal.
and that at the tual count were for CONVICTION OF
murder IN the first and five for mansaughter IN
the third degree HaO not the Judge ruled that Oh the ey-
dcnce verdict O nduslaugher in the first OF second dc-
could not he found l. probable that compromise
might have been made, for positively asceraed
from Juror that all Of them discarded the theory of the
prosecution that Stokes had followed Fisk TO the hotel,
but. the contrary, accepted that OF the
defense, that the meeting was purely accidental.
Tue proof tis TIE TRIBUNE has previously stated,
very conclusive. The difficulty with the jury was
IN regard TO the length Of time required TO form an IN
tcnt TO Kill aud the ruling ot the Judge on this point
Uhl only % which The defense found opportunity to
except 10 the effect that prcmedtaOn might be formed
instant "half second before the act undoubtedly
loit the Jurors who voted Tor conviction no alternative.
The ruling De in accordance with law, but IL o
posed 70 common Seven Of the jurors accepted
The ruling. hut the other five refused aud though the
only difference upon this point Of momentary pre-
meditation fatal far joint verdict was con-
ccruCd.


No motion made by either the defense the pros
ecu0n after the jury retired aud as Sheriff Brennan
took the prisoner from the rOOm the crier adjourned
court without date and ordered the room TO be cleared;
but the nqustivc crowd fingered al the entrances long
after the counsel had adjourned TO DelmOncos and the
prisoner had again passed into the gloom and >ihug
Of the IOmuS