Year: 1873

|
James Fisk, Jr., now in progress before
the New York Court of Oyer and Ter
miner. 1t is pretty generally conceded il
New York legal circles that Stokes car
never be convicted of murder, and it is
! highly probable that the present tria1
will result in verdict of not guilty, Oh
at best in disagreement of the Jury oI
a conviction of an inferior crime. The
public mind is prepared for most any
result except that of a conviction of the
crime charged in the Indictment. Oul
readers are too familiar with the details
of the shooting of Fisk at the Grand
Central Hotel, and of the previous legal
proceedings in this case to warrant us in
taking space and time in a rehearsal OF
them, but the aspects of the present trial
are somewhat new, and show either that
new facts, from what are generally
understood, have been discovered, OIL
that the defence is very ingenious in
manufacturing testimony for this trial


On Tuesday, in the discussion of a
question arising upon the admisibility
of some evidence offered by the defence,
of what the prisoner said to the witness
upon an occasion sometime previous tC
the shooting, Judge Davis remarked,
that what Stokes said in reference to
Fisk might be proper to be given in evi-
dence as bearing upon the question OF
insanity, which the evidence seemed tc
fOreshadow as the theory of the defence.
Mr.. Tremain at once disclaimed any such
idea, and announced that the defence
did not intend to put forward the theory
of insanity, but rested their defence on
the conservative administration of the
law upon the facts of the case as proved
in Court. The defence on this trial, SC
far as disclosed, is self-defence. 1t ap-
pears by the testimony of several wit
nesses, that Fisk made continual pro,
clamation that he did not mean to be
troubled by Stokes much longer" that
DE "would soon wipe him out, and that
she carried pistol and would send him
to a higher tribunal than he had been
yet BEFORE" and at some times, in con-
nection with these threats, Fisk exhibit
ed pistol to the witnesses, taking it
from his pocket.


The defence then shows that these
threats were communicated to Stokes,
and that he was manifestly afraid of
them, and when riding through streets
where Fisk was liable to be encountered
the respondent was accustomed to ride
in a close carriage, through his fear of
meeting the man who had threatened his
life. 1t is also in evidence that Stokes
pointed out to witnesses, men upon the
street as emissaries of Fisk who were
| employed to watch him and dog his
footsteps, and that he left his lodging at
the Worth House because they were so
accessible to the miniOns of Prince Erie.
Dorman B. Eaton was called to testify
as to the murderous assault made upon
him in the streets of New York, and it
is claimed that this attack was brought
about by the procurement of Fisk, and
that the details of it were related to
Stokes, and he was apprehensiVe of a
similar attack upon himself These facts
are put forward to show not only the
state of mind of the prisoner at the time
of the shooting, but also to give an ex-
cuse for a more vigorous activity on the
part of Stokes when he encountered his
prosecutor in the Grand Central Hotel


Both sides of this trial are being con-
Quoted with consumate skill, and the sa-
lient points of the defence will be urged
upon the jury with great clearness. A
great deal of the scandal that originally
clustered around tTfis case is eliminated
from the court room investigation, and
the trial is directed to the inquiry of
whether under all the circumstances of
the fatal affray, in view of what had
transpired, by which the prisoner was led
to suppose that he was in danger of
grievious bodily harm from the hands of
Fisk, man would be put upon his de
fence The law of the case will require
that in order to convict of murder in the
first degree, premeditation must be prov
ed, and if the case shows a wilful killing
without premeditation, it will secure a
conviction of some of the lesser grades;
but if the jury believe that the prisoner
was justly apprehensive of danger to his
life, or of great personal injury, then he
must be acquitted. We don't see how
the character of the two men is in issue,
except as it bears on that point, and
Stokes cannot be excused on the ground
that his act relieved the world of a
scoundrel and libertine, neither should
he be convicted that the executioner may
relive the community of another of the
same class. Everything indicates that
Stokes is having fair and impartial
trial, and that the verdict, when received,
whether it be conviction or otherwise,
will not be affected by heated or pas
sionate public sentiment The public
passions are cooled, and the only desire
! now seems to be that Justice be done.