Year: 1872

1 AHC JuIy HI Uue SGOh0S CdSOs

 The jury in the Stokes case in New ] York, after being discharged, were fol lowed into their room by large audi ence, who piled them with questions concerning their deliberations and the result. One of them replied in answer to query that on the first ballot, taken immediately after they retired from the Court, they stood seven for murder in the first degree, two for manslaughter in the third degree, and three for acluittal.

 We'll, sir what next ?" We took off our coats we drew our chairs together and sat down to discuss the evidence, or rather some of us went in with determination to enforce our own views, which, of course, we con- sidered the correct ones. There were as usual "obstinate jurors." There were three who could not be persuaded to think any reconciliation could have ex- isted in the prisoners mind when he fired. They refused to hear any sugges- tions whatever on the subject. But they had to hear the discussion, and it made an impression on them, and finally doubts were rhised In their minds and they talked freely about the matter"

 "On what ground did they at first hold out against reconciliation 9

 "They considered that reconciliation involved time for thinking, that the in tent cannot be formed we'll in minute, and they agreed that there was no time | for reconciliation between Fisk's enter ing the hall door and the shooting. You remember how we came into court and asked for Fisk's clothes We'll, it was considered by some that perhaps looking at the cloak which had been perforated would throw some light on the matter, and we at once acted on the suggestion, and asked the Judge for the valise, and got further instructions as to the brief | ness of time in which intent can be | formed"

 "Was the cloak of much use ?"

 "There were some of us who firmly believed Fisk had a pistol in his hand, but others did not, and they wanted to prove from the bullet marks that the deceased had the cloak folded around him when shot, One of us the fattest) put on the cloak, and from the position in which Fisk s arms must have been, we were satisfied that he could not have had any pistol. It was seen that the cloak was folded in the ordinary way. For my part, that was my opinion all through l never thought the Colonel drew u pis- tol. The cloak gained converts, and on the next ballot, which took place soon after, there were seven for murder and five for manslaughter in the third de- gre."

 "On what theory did the jurors act, then ? The District Attorney put in l evidence tending to prove tracking and lying in wait''

 "Oh, we did not believe that at all. Not one of us thought that Stokes in tended shooting anybody until they suddenly encountered each other in the narrow stairway"

 What was the chief ground of differ ence as to the verdict ?'

 "Only the question of reconciliation. We all thought the meeting accidental but, while seven thought a moments reconciliation sufficient to make 1t mur- der, five did not.

 "Then none of you thought that Stokes pursued Fisk ?''

 "None of us. We all felt sure that the premeditation was only momentary., ";Teu us what about the medical treatment?"

 

 from the first, but some thought that life might have been prolonged day or two."

 How about the insanity?'

 (Smilipg) "We hardly referred to it we merely considered the prisoner ot an excitable temperament"

 Was there any chance of your agree ing from the frst?"

 Nopo AnLo., ballot on Saturday night we never varied. The ballot on SunFay morning still found us to 5. Some of us would nev- CT hang him, not believing there was reconciliation. Some believed there was, the design being suddenly formed. We could only acquit, or convict of mur- der or manslaughter in the third degree If there was any intermediate degree between murder in the first and man. slaughter in the third degree, we probably would have compromised the matter; but tue Court left us no choice, and we never could agree" "There has been talk of improper in- f1uences brought to bear on some juror. Do you know anything of the sort?"

 Certainly not. l don't believe there was anything of the kind. I don't mind saying voted for verdict of murder, but I don't believe any of the others were approached.'

 Itwas also stated yesterday that one of the jurors voting for acquittal said that he did so because of conscientious op- position to capital punishment, and that he would change his vote to murder if his associates would, which offer was not taken.