Year: 1873

4


New YoRK, Jan. 4.


The trial of Stokes was resumed to
day. After the conclusion Of the argu-
msnt, the judge at once proceeded to de
liver his charge. After complimenting
the jury. the counsel and the press for
abstaning from criticisms in the case, he
charged that all questions were to be dis
cardsd which bore upon the character
and habits or social surroundings OF eth
or the deceased or the prisoner. The
killing being practically conceded, the
question was whether that killing was
crime. 1t was agreed on both sides that
the killing was either murder in the first
degree, manslaughter in the third degree,
or just6able homicide. To determine
the point at issue, it was important to
consider whether there were two pistols
found, and whether the prisoner was act
ing in self-defense. He then explained
the theory of the prosecution that there
was but one pistol, and of the defense
that there were two. He intimated that
the jury might consider another theory,
viz That the pistol found by the lad was
dropped by the prisoner, though this the
ory was ir-reconcilable with the testimo-
nv. No person testies to seeing a pis
tol in Fisks hand, except the prisoner.
The silence of the prisoner when arrest
ed didn't necessarily involve guilt. II
the jury believed the prisoner fired from
premsditated design to kill without
danger, they should find a verdict for
murder in the first degree, unless they
found verdict for manslaughter in the
third and on the latter point they we're to
consider if thero was conflict, and
whether the character of Fisk was such
IS from menaces to lead to apprehension
Of danger. On that point only, viz
Whether deceased was personally vie.
lent and dangerous man or not. were
they to consider his character. II was
the duty of the prisoner to satisfy them
that the killing was not murder.


His honor then explained the kind Of
doubt to which the prisoner would be en-
titled, and in conclusion said it would be
great misfortune il the jury now disa-
greed Ordinarily twelve honest, intelli-
gent men, do, after consideration, make
up their minds and agree, where passion,
prejudice or obstinacy, or other motives
present, they do not. He made these re-
marks because the jury on the former
trial disagreed


The prisoner was either guilty and
should be convicted, or innocent and &C
Quilted His honor did not anticipate
any disagreement in this case.


The jury then retired.


The jury after being out some few
hours, entered at about IL o'clock, and
rendered = verdict against the prisoner
OF


MURDER IN THE FIRST DEGREE.


Judge Boardman deferred the sentence
until Monday.


The anticipation that the verdict would
be given sometime to night in the Stokes
case crsate.l much interest in many plac-
es throughout the city. 1t was hardly
expected, however, that the verdict would
be reached so soon. During the latter
days of the trial some apprehension was
awakened among the friends of the pris-
oner at the pertinacity and skill with
which the testimony for the prosecution
was evolved. Still, the feeling existed
among many that conviction Of murde
in the FIRST degree would not be found, and
that if there was no disagreement Of the
jury, the verdict would be either justifia-
bic homicide or manslaughter in the
third degree.


The jury came into court at l | IL, hav
-.
marked sensation in court at the an
nouncement Of the verdict The prison
er turned ashy pale, and his sister wept
aloud Assistant District Attorney Eel
lows moved that the sentence Of law be
pronounced. but. at the suggestion Of
Tremaine, tho Judge deferred pushing
sentence until Monday. The jury, 1t has
transpired, on retiring stood ten for mur-
der in the first degree, and two for man.
slaughter in third degree.


New York. Jan. 6.


Stokes was in the court OF Oyer and
Terminer this morning. to receive SEN
tencc. Mr. Tremaine, his counsel, made
an address in relation to the bill Of sx-
ceptions to the judges rulings, which he
proposed to offer.


The prisoner was then asked what he
had to say, why sentence Of death should
not be passed. Stokes thereupon said
he had not violated the law Intentionally,
that the testimony upon which he was
convicted was manufactured and perjur
ed


Judge Boardman then, in feeling ad.
dress, in which he alluded to the prison
ers youth and social surroundings, SEN
fenced him 10 be harged on Friday, the
2Sth day OF February next, beng the
shortest time that could be legally allow.