The New York Herald Newspaper, June 28, 1872, Page 4

STOKES. Important Testimony for the Pros- ecution and Cross-Examina- tion for the Defence. The Scene and Circumstances of the Shooting Graphically Described. STOKES WAITING FOR HIS VICTIM. “Who Will Protect Me from an Assassin?” THE WIFE AND SISTER OF FISK IN COURT. The Shooting---The Pursuit and Capture. Stokes Confronted with His Victim--- The Recognition Complete. TESTIMONY OF HART, THE HALL BOY Bcenes and Incidents in Court. EIGHTH DAY OF THE TRIAL. The announcement that the trial of Stokes had been commenced in downright earnest had the effect of attracting an immense crowd of specta- tors to the new Court House yesterday morning. Long before the hour fixed for the opening of the proceedings had arrived the halls and corridors leading to the court room in which it was known the trial was to be held were literally packed with crowd which pushed and tugged and struggled Wercely one with the other to reach the entrance to the oourt, as though their very existence depended pon the struggiing. Of course the presence of this crowd in the hallways ‘naturally attracted the pttention of passers-by, who, in most instances, did jot even suspect the cause of the gathering, and they quite as naturally stopped to learn what was going on, many staying to try their chances with THE CROWDS that were on hand before them in their efforts to get into thecourt room. It was finally found neces- Bary to secure the services of the police to regulate things in the hallways, and, a short time after the court officers had sent for them as a pre- Cautionary measure against noise and confusion during the proceedings, several policemen put jn an appearance. They found, however, that. If the crowd were simply to be controlled by merely being pushed back, their presence would be of little avail, and they at last hit upon the idea of placing one of their number just outside the door in the hall, with a long pole stretched across the corridor, This barrier proved all that was necessary, and, thus checked, the crowd finally got Ured out, and only a sufMctent number being al- Jowed In to comfortably fill the benches the crush soon ceased and the hallways became reasonably tlear. Thanks to this arrangement, when Judge Yngraham arrived there was not over a dozen per- fons in the hallway and every available seat was eccupied within. ‘ MRS. FISK IN COURT. Just previous to the opening of the Court quite a Bensation was created among the audience by the Appearance of ex-Judge Beach, accompanied by two ladies, dressed in full mourning. They wore thick black veils, which effectually hid their faces from view, and as they were conducted within the rall- Ing a whisper went round the room that one was Mra. Fisk and the other Josie Mansfield. The idea of the association of the widow of the dead man and the woman who had been so prominent in the disaster which brought Fisk to his death was 80 Btrocious that but very few'’pcople put any faith in it. Speculation was rife, however, as to who the ladies were, and for a time consider- erable confusion ensued in the Court by rea- Ron of the crowdsin the back part of the room crowding forward to get a glimpse at them. It nally became bruited about that one was really Mrs. Fisk and the other Colonel Fisk’s sister. When ‘this fact became generally known quite a change seemed to come over the audience, When the two ladies entered the Court first, and afew of that kind of Court hangers-on who think they know everything had led others to believe that one of the two was Mansfield, there waa an evident disposi- tion all around to hoot or hiss. One could feel the inclination to disorder in the air, as it were. Once, however, it was made certain that the two ‘were the mourning widow and the sister of the dead Colonel, a hush seemed to creep over the whole room as the ladies took their seats, and in- Btead of scowis that might have been there was naught but looks of sympathy and commiseration among the andience.@ The ladies had taken their seats but a short time when the prisoner's counsel and finally STOKES himself entered the Court, attired with his usual neatness. He took his seat immediately behind Mr. Tremain and Mr. McKeon, and threw himself back In his chair in @ nonchalant manner, ap- parently quite oblivious of the fact that he was the observed of all observers, and that every eye im the court room was upon him. He looked rather flushed and excited, but the only sign of nervousness he gave while his counsel were fixing their papers preparatory to the opening of the trial was an occasional biting of his finger nails, and every now and then running his hand through his hair with a quick, jerky move- ment. The table at which his counsel sat alone separated him from where Mrs. Fisk was seaced, At first he did not seem tobe aware of her pres- ence, but after & while his eyes fell upon the form in black before him, and fora moment or so he stared vacantly at her with a look of blank amaze- ment or wonder on his face, as if he was not quite certain who the person was. He, however, soon became convinced of her identity (if he had any doubt about it any time) when she turned full round in her seat to speak to ex-Judge Beach. As she turned about he himself turned round to speak to his brother, who sat behind him, From that moment he ap) arently never allowed his eyes to wancer in the direction of the widow of his victim. THE TRIAL OPENS. When the Court was finally opened the scene was exceedingly impressive. Everybody in the room appeared to realize the solemnity of the occasion, and to feel from the moment the crier’s voice had hushed and the jury had taken their seats that every word uttered by the witnesses, every question pat ot counsel, every ruling made by the Judge ‘would add to the chances of the prisoner’s deliver- ance or make more certain the hour of his death. Once the jury had taken their seats the clerk rose and called out their names one by one. Each answered in a low, quiet tone, the audicnce mean- while maintaining a silence of death, as though fearful that even a. whisper might in some way followed by @ something terrible, they knew not what, When the first witness (Mr. Hill) was called and he rose from a seat in the back part of the room, where the crowd was thickly packed, even to the extent of many belng ranged ast the walls Mke 80 many statues huddied close together, there among the audience, those on the back seats endeavoring to secure a good posi- tuon in front, whence they could hear the wit- nesses. This created a little confusion, which was finally subdued by the officers of the Court, Mr. Hill took his seat 4 BUZZ OF EXPROTATION, made manifest by the audible whisperings which were indulged in on all sides, swept over the roum, | he?" “What is he to tes- and questions like “Who is from mouth to mouth. tify aboutr’’ were Even the ladies, of whom there were but & very few in the Court, and who were seated in that por- tion of the room reserved for privileged charac Of the sw and press, and which ts divided from the seats of the common berd vy un iron railing. moved NEW YORK HERALD, FRIDAY, their chairs nearer to the witness stand. In fact, for a while, the shuMing of feet, asthe men in the back part of the room pushed forward, regard- less of the protest of the standees in front, who were ge a by the move- the Dot gentle geaticulations of the deputy sherias e not gen culations o! ry in command; fhe rustle of dresses and the hem- ming and hawing given as premonitory symptoms that there were many present who were deter- mined to hear all that was to be and that they were making every 8 pt one to not disturb fusion that took repeated. rappings of the Judger ion tha! of ex to quiet, The prisoner’s counsel ap; rather excited also over the witness, whom they had heard the Gr pernes and as Aoon as he was rm they heads hapa apparently engaged in earnest argument it some cee it subject. which Stokes occasio1 gg ened interest now with res every phasized Positive gestu: ve token of considerable feeling. The question that naturally arose in their minds what was the witness to testify about? He had m been heard of at the Coroner's ini nor had his Dame been mentioned by the Attorney in connection with the case, His SUDDEN APPEARANCE was rather puzzling, and naturally gave rise to fears that were, however, not justified in the end; for his testimony was in no wise startling, nor did he throw any additional light upon that portion of the case which seems to want very little ight to make it p! namely, the shooting of Fisk on the stair- way of the hotel. The counsel looked relieved when they found out by the courg> of the District apenas '8 questions that he had not sprang @ pro- dig‘ous trap on them in the production of the wit- ness, and, emboldened by the new courage thus given, they took him m hand with great severity when it came their turn to cross-examine him. The witness is a middle-ared man, intetligent, ana evi- dently a who has his wits about him on all oc- castons, His answers were curt, without being offensive, aud he never allowed himself to ramble, like everyday witnesses, concerning matters he was. not directly questioned about. He seemed to act on the principle that it was the counsels’ duty to find out for themselves all they wanted to know be- yond what he had vouchsafed on his direct exami- nation. “When you were at the head of the stairs,” arked one of them, ‘no one was seen there near where you were The +4 was given quickly, with a strong emphasis on the personal pronoun, “I saw LO One ;’ and the witness in like manner, in every instince, gave a definite, unmistakable an- wer to indefinite questions ms to him, if not to entrap, at least to puzzle lim, His testimony simply went to show that he had heard the pistol shots, and had advised that Stokes should be taken before Culonel Fisk to be identified, SAD SCENES REHEARSED, The testimony of the second witness, Mr. Curtis, who spoke 80 low that the jury could scarcely hear one word out of ten that he uttered, was listened to with the greatest attention, and as he narrated how he had found Fisk on the stairs and had helped him up, and then described the way he and others attempted to bind up his wounds when he was laid on a bed, Mrs. Fisk and her sister were visibly affected. The rehearsal, as it were, by the witness of the sad scenes that took place at the Grand Cen- tral, where the Colonel was found bleeding from his wounds, appeared to cause her the most intense rief, and she swayed to and fro and sobbed as hough her heart would break. Indeed, throughout the whole proceedings, from the time when the tragedy was first dragged into light again by the testimony of the firat witness, She was continually crying, an’ became an object of pity and commis- eration in the eyes of the audience, who could, in the conspicuous place she was seated, witness every move she made, THE STORY OP THE MURDER. The evidence of the third witness (Coughlin) was merely of a corroborative character, but it fell to the lot of Thomas Hart, the boy who was in the ladies’ private entrance when Fisk came along and went tp the stairs, to create quite an excitement b? his testimony le is ruther an intelligent sort of young man, and gave his evidence th such minuteness and such deliberation that it gave rise to the suspicion of being a lesson studied by heart. Stokes evidently felt uneasy while he was on the stand, and every once in a _ while bent forward to whisper in the ear of his counsel, who straightway would put some stickler of a question to the witness, evidently based on some Suggestion made by the prisoner. Indeed, Stokes made hiinself almost as busy while his counsel were cross-examining Hart as they themselves, althoug! of course, aitera different fashion. He hastily looke over reference books that lay on the table, turned over the leaves with @ nervousness that was un- mistakabie, and then, handing them to one of his lawyers, would point with his finger to some line which it is supposed he desired they should make effective against the witness’ evidence. In this way he prompted, suggested and often, 18 in the matter of Hart’s statement at the station house the night of the shooting, indirectly cross-examined the witness; but the latter STOOD HIS GROUND well. He did, it is true, stumble occasionally, some- times blunder jn matters of detall and even con- tradict hiaself occasionally, but not to a degree that in any way undermined his testimony as a whole. Stokes’ counsel knew full well that, his evi- dence once belittied in the eyes ofthe jury, the sail- ing wouid be much easier to a successful amg of the case; but they failed to break itdown. The very best evidence of this was Stokes’ conduct while the boy was being examined. Not a word was uttered by the witness that he did not lean forward eagerly to hear; not a point on the map of the hotel rooms was indicated to show where ho and Stokes were and where Fisk was at the time of the shooting but Stokes strained his eyes to gaze at, with a look of anxiety on his face that is indescribable. Yet at times he tried to act as though he did not care to listen to the testimony, but no sooner would he turn his head aside an: pee to be indifferent than eome word dropped by the witness made him involuntarily as it were lean forward as eagerly as ever, with the same look of anxiety on his face. The ey time when he seemed to lose control of himself, however, was when the witness testified that he toward the head of the stairs ina ner.’ His face flushed as the words were w' ered, and a look ofscorn and contempt crept over his countenance. When Hart resumed his seat and the Court adjourned no one In the court room seemed more relieved than Stokes himself, TESTIMONY FOR THR PROSECUTION. Charles G. Hill, sworn and examined by District Attorney Garvin. Q. Where do you reside and where did you live on the 6th of January? A. I reside and did reside at that time at West Troy, N. Y.; was a guest of the hotel that day, the 6th of January. Q. On that 6th of January do you recollect an oc- currence which took place at the hovel—the Grand Central—between James Fisk and the pris- oner at the bar? State such parts of the transaction as you saw and heard. A. I was in the hotel a little before four o’clock—a quarter, per- haps; I had ne up to the second floor, and was pies | in front of the elevator; while standin; there I heard the report of apistol—first report ; could not exactly make out where it came from; another report followed in quick suc- cession, which detected as coming from the hall round at the other side of the elevator; I stepped aside from the elevator and looked into the hail and I then saw a man standing a little to the left of the hall, about opposite one of the doors; I saw that man make a motion with his hand; he immediately after came towards me as I was pass- ing from the elevator; as he came up to me I asked him what was up; he said A MAN WAS SHOT; I went on towards the stairs immediately and looked down, and there I saw a man whom I recog- nized as Colonel Fisk down below on the platform; at that instant some one said, “There is the man that shot him;’’ I then turned round to follow that man; when I got to the main stairs, and while on the ira step going down, some persons brought back this man; it was the same man that I met in the hall; and pretty soon aftera policeman came and arrested him and brought him up the stairs and took him away. . Who was that man you saw in the hall first, and was that man the same you saw afterwards given into the charge of the officer? A. That is the man the; $Shernsa TO THE PRISONER, that is now looking at me, whom I first saw in the hall, that [ afterwards asked, “What was up,” and that was taken away by the officer. Q. State as nearly as you can recollect where that man stood in the hall when you got the first glimpse ofhim and where you stood’ A. I stood at the corner of the elevator and I think he stood close to one of the room doors to the left; that was when I first saw him. Q. Describe to the Court the locality as nearly as you can. A DIAGRAM OF THE HOTRL was then unrolled, some tacks procured and nailed to the wall, Upon this diagram the witness, in an intelligible manner, pointed out the various posi- tions and movements of himself after the shooting and of the party identified by him as the prisoner. Witness—This Is the platform on which I first saw Colonel Fisk, immediately alter the shooting. Q. Point ont to the jury where the prisoner stood | When you first saw him, A. He was standing at ; this room door, I think, but I am not positive as to Which of these two doors; I stood at the corner of the elevator; the prisoner, after the report, passed me in this direction, but I did not see him at the moment he turned round the corner; the elevator Was about twelve fet front, Q Did you go to the room where Colonel Fisk was prenene! + m6 Tao AES ever saw | the prisoner Teaw him here today. A capay Ob SE Vere re CROSS-BX AMINED, By Mr. McKeon—What is your businesa? A. Lam- ber dealer; am in that busines i for on seen reer a now, and have bese Q. On what day ib January aia York? A. On the 3d January; went Wane io Grand Central; have been putting up there for about @ year and @ half; during that time have been there quite frequently; know some of the parties employed in the hotel; Mr, Orockett ana Mr. Powers lonly know by name; J know others when 1 see them in the office, but not by name, Q. Have you spoken about this circumstance with any parties in that hotel since last January’ A. | think J] may have with Mr. Crockett, Witness thought a moment or two over his last answer, upon which counsel graffly asked him why | he hesitated, which drew a curt from the | Witness that he had no hesitation in answering the question. . Were you a witness at the Coroner's inquest ? 0. Were you before the Grand Jury? A. No, When were you first notified that you would be required as a witness on this trial? A. I was first notified of it by the Deputy Sherif of Albany county. @, Who first in d of you what you knew of this business? The District Attorney, after I was subpoenaed, Q. Where was this ? A. In the District Attorney's office. f Asbe that the first time you saw the District Attorney? A. Yes. Q And was that the first time you communicated balan e one what you knew of the affair? A. Yes, in i nm did any person first know that you were to be subpoenaed as a witness in this trial? AI can't say; | telegraphed to my wife on the peraraey evening that Colonel Fisk (I don't know that I usc the word “Colonel” or merely Fisk) shot, and it not return that evening; and that is T was since sub- What interest had you in Fisk, that would not go home that evening? A. I had no interest at all; in fact, I did not stay in New York that evening, but CHANGED MY MIND and went home, arriving there even before my tele- gram (lauvhter); I had made up my mind to ‘walt till Monday or Tuesday, but as I stated, went home that evening. Q. Did you telegraph that there was matter to detain you in the fact of Fisk’s death? A. Well, yes, so far as saying that he had been shot. What interest had you in hisdeath? A. None whatever; I did not say I was delayed on that account. Q. Repeat now, ag near as you can recollect, what you said in that telegram? A. I think the telegram was like this— “WILL NOT COME HOME TO-NIGHT; Colonel Fisk has been shot.’’ Did your wife know Mr, Fisk? A, No, sir, Did you know him? A. No, sir; except to have seen him when he was pointed out to me; was not here when the inquest was held; was not again in New York till a month or six weeks afterwards; did not communicate to any one what I know of the shooting when I came back here; did not tella single human being of it; neither Mr. Crockett, of the Grand Central Hotel, Mr. Parsons, or any one belonging to the hotel. Q. Did anyone from Mr. Beach’s office come to you to ascertain what you knew of it? A, No, sir. Q. How did any one connected with the prosecu- tion discover that you knew anything about tt, then? A. I cannot explain nearer than I have bere: stated. Q. Why did you not tell Mr. Crockett that night, when it was all fresh on your mind? A. I thought had better not. e hades A, Why, because I did not want to be detained here as a witness. Q. You had cause to know thata HOMICIDE HAD BREN COMMITTED, almost before your eyes, and yet you did not think it was your duty to communicate the facts within Ee knowledge of it. Howis that? A. I thought here would be evidence enough without me, . What evidence? A. I don’t know, . Then why dia you say there would be evidence enough. A, COUNSEL AGAIN LOSES TEMPER. . Do you recollect “coming up” to Mr, Tre- Maino, counsel for Stokes—I use the words “com- ing up to Mr. Tremain?” Answer me A, J’ll answer you; I met Mr. Tremain, whom I know, in the hotei, and 1 walked up to him and spoke to him; that is, we met together; I don’t say that I walked up to him or he to me. Q. Do you recollect Mr. Tremain asking you what you knew of the matter? A. Yes; Mr. ‘re- main asked me ifI had any objection to tell him what I knew of the SHOOTING OF COLONEL FISK; Ireplied that 1 had; that I thought it was not proper or right for me todo so; that I had been Subpoenaed, and that Iought not to say anything about it except in the presence of all the counsel. Q. Then what right had you to tell it to tue Dis- trict Attorney alonet A. Because he had subpanaed me; I learned for the first time yesterday that Mr. Tremain was counsel for the prisoner. Here followed a number of UNIMPORTANT QUESTIONS, which witness freely answered, but which tried the patience of the Court, jury ‘and the crowded court room. When asked— Q. Did the District Attorney tell you that you would be paid ali your expenses for attending? wit- ess answered—There wasn't a word about that; I was in hopes he would something about it, but he hasn’t (laughter); Ihave paidall my own ex- penses up to the present. Q. Did you know Colonel Fisk? A. Ihave met him here; I never had any conversation with him; I met him several times. Once I was at THE OPERA HOUSE in this city, and a friend of mine—Mr, Connolly, another. lumber man from our place—had some business in the Erie office, and I went in there with him, and he pointed out Mr. Fisk to me, and I said, “Is that him?” and he said yes; and I looked at him, ‘and my friend sald, “If you wishit I will give fou an introduction to him,” and I replied no, that had no business with him, and didn’t want it, MRS. FISK AFFECTED, ..As the witness, in a kind, dlunt manner, gave this yet of the testimony Mrs. Fisk appeared greatly affected. The reminiscence of the scene in the Erle office renewed to some extent memories when she herself saw him occupy the self-same seat—when a long life, with wealth and power, ap- parently lay before him, TESTIMONY BESUMED. Q. Can you ors why you did not tell any one of your Knowle ige of the shooting in the Grand Central Hotel? A. Yes, 1 can; as I said before, I did not want to be detained ag a witness; that is the only reason; I did not speak of what I knew io the case to any human being in this city. Q. How, then, can you conceive that you are sum- moned as a witness? A. I don’t know. Q. Did you communicate what you knew of the shooting to any one, not im the city? A. Yes; I think to my partners in business at home. Q. What did you tell them—the story as you told ithere? A. No; not all of it, Q, At the end of the scene did Poms see that ofticer Spare cap taie Byrnes (standing up)? A. 1 can’t say; 1 think the officer that 1 saw was a taller man. Q, Did you tell that oMcer what you had seen of the affair? A. No; I merely said, supposing that they were taking the prisoner out of the front door, that it would bo better to take him up stairs for recognition. Q. What dia you mean by that? A. Why, that they = it be sure that they had the right man; Mr. merely made the remark, hi nik was still alive. Q. How did you know that Fisk was not dead? 4 Latta I had seen him a few moments before at, Q What was your object in desiring him to be brought up for recognition? A. Asl said before, that if he was the man that Mr, Fisk might recog- tome badd 1 thought that was the right time to find out. Q. Find it out by whom? A. Why, by Mr. Fisk himself, if living. - ‘Then you were not certain that the man you had seen in the hall and afterwards brought back and in the hands of a policeman was the man that did the shooting? A. No, I was not certain. Then you were not sure that this person was the man you saw make a motion with hishand? A. I was sure of that—that he was the man I had seen standing at the stairs and make a motion with his hand. . Why did BAS not communicate that fact to the officer? A. I didn’t see them again after they went up stairs; after that I had no Spee rranth to see or speak to the officers; I heard that he had been taken up stairs to be confronted with Colonel Fisk; I merely said in the first instance it would be well to take him up stairs for recognition; I had oppor- tunities to tell the people of the house all I knew of the aifair ff I had been disposed; did not leave the hotel till about ten o'clock that night. Another series of IRRELEVANT QUESTIONS were put to the witness touching a supposed candi- dacy for office for which he was never a candidate, and which called for objection on the part of the District Attorney, and sustained by the Court, prisoner’s counsel eventually admitting that, through a arta te tne ae of his, the questions were not applicable to the witness. THE HERALD IN COURT. Q. Point out your position in the hallway as com- ared with that of the man whom you saw at the ead of the stairs make a motion with his hand. The witness stood up and was about complyin; with the desire of counsel, when the latter ouserved he would bie a@ smaller pointer for the purpose of description than the Hernan, which witness was using at the moment. Acane wag then handed witness, and he went over the sameround of loca- tion on the diagram as he had done before, Q. Can you describe the motion made by the man you saw at the moment previous to the fring of the FIRST SHOT? Witness again stood up and described the motion, raising his right hand and bringing the forearm to @ level across the body, as if in the act of discharg- ings pistol Vitness in further response:—The first report ‘was about a quarter of a minute from the time I first saw the man; the second shot followed in a second or two, . What did you do then? A, I immediately walked towards where the sound of the second report came from; it was then the man I had seen came towards me; I continued to the head of the stairs, and looking down I saw Colonel Fisk restin, on one of the steps of the stairs below; I immedi- ately wheeled round and went in the direction taken by the man; some one said “that is the man who shot him.” o When you saw Colonel Fisk there, why did you not go down to him ? 4 raha nthe ‘itneas has repeatedly Tui Ingraham—The witne: rn staved his reason for not interfering. He says be- cause he did not want to be detained as a witness, Counse!—I hope the Court will have patience with me. My client's LIFE 19 AT STAKE here. ‘The Court—I will have every patience, but these questions have been jtedly answered, Witness—The reason 1 did not go down to Colonel Fisk in the first instance was because somebody said, “THERE GORS THR MAN THAT SHOT TIM,” and immediately went after him to see that he Was caught; don't know [es that sald that; I 5 that is the reason I didn't wait'or stay to see don’t know who he was. here did Stokes pass youin the hall? A. About half way between where I stood at the ele- vator and where he stood at the stairs, when I saw him make the motion; it was there he passed me; the man wore a white overcoat; I did not see him do anything but BRING DOWN HIS HAND in this way. The witness again descrioed the action referred to RE-DIRROT EXAMINATION, At the time I looked down the stairs and saw Colonel Fisk he was | Inst the railing of the stairs; the only one I saw near him was & bo} I did not see any other person, either on the stairs at the first moment; [heard some one TESTIMONY OF FRANCIS CURTIS. The next eye-witness was Francis Curtis, of Rox- ry, Examined by the District Attorney—He was in the Grand Central on the 6th of January, in the main hall, on the third floor; it was then just four the time because he wanted to re- ts by train; he heard two shots on the second floor, and went to the head of the stairs; then he found Colonel Fisk on the stairs, and at the same moment the Colonel cried, “WILL ANY ONE PROTECT ME PROM AN ASSASSIN?” witness ran down and said, “Is that you, Colonel?’ he said, “Il am shot; witness asked ‘‘Where?” and the Colonel, placing his hand on his hip and heart, sald, “Hete and here;” the witness then took him and helped him up etairs along with some other persons; had an impression that as he ran down stairs he saw some person going toward the main hall from the ladies’ entrance; took the Colonel in reception room No. 217 and he sat on a lounge ; after that the key was sent for and Volonel was taken to room No, 213; the prisoner was then brought in by the officers. IDENTIFICATION OF STOKES. Q. What did you then hear anybody say in ie of the prisoner in regard to the transac- jon The poate: was objected to and excluded. Q. Did any one speak of it in the prisoner’s presa- ence? A; Yes, Captain Byrne. Q. Whom did he address? A. He spoke to Colonel Fisk and the Colonel answered. Juestion objected to and objection overruled, . ‘ihe Captain asked, ‘Is this the man that shot you? Do you recognize him?” and Colonel Fisk re- plied, “Yes, that is the man—take him out;” E. 8, tones (po.nting him out) is tie man so identified; witness had never seen the prisoner before, OB0SS EXAMINED, By Mr. Trempin—Was never at that hotel be- fore; came there on Friday (the day previous), and took @ room on the third floor for himself and wife ; at the time of the shooting he was going down to make arrangements for leaving; wasa few steps from the head of the stairs when he heard the first shot; he hastened to the head of the staircase and looked down into the second floor; ran down by the dining room hall and the elevator, and as he did so he met a man going in the op- posite direction; does not know that he ever saw the person since; he had no overcoat; it was not the prisoner; on going down he couldn’t at firat recognize who the man below was, it was 80 dark, until he went c.ose to the Colonel; besides the man he met going in the opposite direction the only other persons he saw were Fisk and the hail boy and @ man who appeared to be running down before witness, and aiterwards assisted the Colonel up stairs; the Colonel was sitting on a step and leaning against the south stde of the ladies’ en- trance; the other man and witness took the Colo- nel, one on either side, and carried him to room 217 and then to room 213; did not sit on the lounge with the Colonel in room 213; cannot say if the other man did; does not remember if the other man assisted the Colonel from 217 to 213; room 214 is a bedroom connected with the sitting room; the other man assisted the Colonel to room 217, but thinks it was some different man helped to carry him to room 213; there was a number of persons joined them at room 217, out of whom he only re- members Mr. Hasset, when the prisoner was: brought into room 13 by the officer; the first word asked Fisk was either “Colonel Fisk, do you recog. nize this man?” or “Is this the man that shot you?’ the prisoner sald nothing; there was an officer at each side of him; he was removed almost immedi- ately; when he saw Fisk on the stairs, noticed that he wore gloves and had a cape. THE MORSES. To District Attorney Garvin—I helped to take off the Colonel's coat, and threw it aside; the sleeves were very much saturated with blood; I cut off his shirt sleeve above the wound; we took off his clothes and laid him on the,bed; 1saw the wound in the abdomen.” To Mr. ‘rema'ne—A young man named Morse was hetping to undress the Colonel; he unbuttoned him; I never saw him before ; I heard some one call him Morse. Q. What did the Morse boy do in reference to the clothing? A. After the coat was taken off he helped to unbutton him; he took the shirt sleeves and took out the studs, I think. . Any lady inthe room? A. Yes; a lady thatI understood was Miss Morse. Q. Where was he undressed? A. Standing beside the lounge. Q. Did the Morse girl go upto him? A, She did; she first came to the door, and I told her not to coine in; Fisk recognized her and told her to come in; she went up to him and Re to him, and then went away; she appeared faint, Q, Was she carried out? A. No, she walked out. TESTIMONY OF PETER COJ/GHLIN, Peter Coughlin examined by the District At- torney—I worked last January at the Grand Central Hotel; I heard both these shots; I was inside the closet where they keep coal on the first floor above the office; this closet is by the elevator nearly opposite the ladies’ entrance; I was fixing up some scutties and I heard a shot before I got out of the door; then I heard another shot; before 1 went in the closet I saw Stokes; he wore a long white coat and was ee at the head of the stairs; he had his right hand in his pocket and the left resting on the bannisters; he walked along to- wards No. 211 and looked down as if looking to- ward Broadway; he turned back and stood there, and when I went in the closet he was’ there still; he went down a Le} or two, and was stooping down as if to look out on Broadway; a(ter L heard the second shot I came rightout; I did not see the prisoner then; I went to the stairs and saw Colonel Fisk; Idon’t remember whether the lamp ‘was lighted or not; I went down six orseven steps, and tuere was @ man who came down after me ant one coming from Broadway; the man who came after me was Pat Hart, one of the hall men; I didn’t see Stokes again till I saw him with the onicers. A recess was then taken. AFTER RECESS, On the reassembling of the Court Peter Coughlin ‘Was cross-examined, Q. What is Re age? A, Twenty-three; I was born in Ireland, and have been in this country two years; I have nm at the Grand Central Hotel for about fourteen months; before that had been em- ployed at Parker's restaurant, Witness then proceeded to explain on the map the position of the various rooms of the hotel. He sald 210 and 211 were together, and 212 was used as @ bedchamber. COULD STOKES WATCH FISK’S APPROACH? Q. Do you mean to say that if a person went into that bedroom (212) that, without going out on the balcony, even if he went to the window, that he could look up Broadway and see a carriage coming down? A. He could see as far as Amity street. . Is there @ window on that side? A. You can look out of the front window. G How many rooms are there between room 211 an 5 a aa side of the building? A. There are sever: Q. After hearing the pistol how long was it be- fore you came out of the coal room? Icame out directly ; the first person I met was Patrick Hart; the coal room was either 219 or 220, I don’t know which; I had gone from parlor 407 to the coal room; had been in 207 avout ten minates before oing for coal; there were several guests of the foase there, jong them two or three ladies, TENDING THE WOUNDED MAN. Q. After you heard the firing of the pistol and came out to the head of the stairs you did not see the prisoner? A. No, sir; I saw Fisk on the stairs; Pat Hart and person were attending to Fisk; the came in from Broadway; could no} man, and should not know him if I . him; two or Q And then you went into 217? A. Yes, sir; I stoud at the door and Mr. Fisk went Into 213. Q. Did you see Stokes when he came in? A, Yes, sir; he was in charge, but I don’t know if there were only one or two officers with him; I did not follow him. Q. Were you examined before the Coroncr or the Grand Jury. A. No, sir. When did you first tell the District Attorney you knew about the case? .A. Some day last week, JOHN CHAMBERLAIN ON THE STAND. John F, Chamberlain sworn and examined—Q. Where do you reside? A. No. 8 West Twenty- fifth street; I knew Mr. Fisk and the prisoner both; T have known the prisoner about four or five years. Q. Where were you on the 6th January last, at about three o'clock in the afternoon. A. I was at the Erie Railroad office, corner of Twenty-third street and Eighth avenue—in Mr. Fisk's office. Q. Is that a front omice? A. Yes, sir; his windows were on Eighth avenue, STOKES WATCHING HIS VICTIM. Q, Will you state whether you saw the prisoner that afternoon? A. I saw him about half-past three—it was not three minutes from that e either Malas the corner of Eighth avenue and ‘Twenty-third street, going across Eighth avenue in & coupé. Q. Was he alone? A, Yes, sir; but he had a driver with him. Q. Did you notice which way he was looking? A. He was looking at the windows of the Erie Railroad oftice; his coupé was driving westward on Twenty- third street, ree you see him after that on that day? A. 0, sir. a Was Colone! Fisk with you in the the room at the Erie office? A. Yes, sir. it How long after that was it that Colonel Fisk left? A. I leit aiter Colonel Fisk; he went down to the ra House and I came away. Q. Did you see him after that? A. I saw him at the Grand Central Hotel. ‘THE CALLING OF A SPRCULATOR. . What is your business? A. A speculator, 0) . Speculator in what? A, Everything nearly. $ ave iid a@ specimen? A. I speculate in stocks & great des Did bia ever specniate in stocks with Mr, Fisk? A. ‘Not in connection with him. Have you been operating in the same stocks that he did? A. yes, sir; I think I have. @ Were you engaged in the operations of “Black Friday” A. Twas notin town that day; I was out Q. And had. no ” or “calls” on that oc- casion’ A. No, sir; - 4 rt {Bat td soa ioc, und ot “CLUB HOUSE” BUSINESS. Do business lo anh Bese Ace ap baie a, oTwens wo onan A. A club house, What of a-club house! “ play cards there ? A. Gentlemen re an few moments said, ‘I decline to answer.” Mr. McKeon—He must answer, Your Honor, un- less to do so will criminate The Court—You need not reply, sir, if the answer would tend in any way to ite you. The witness—I a to answer. @ How long had you known Mr. Fisk? A. About five or six years, Q. You have an establishment at Long Brauch, have you not? A. Yes, sir. CHAMBERLAIN’S RELATIONS WITH FISK. Did Mr. Fisk visit you in New York? A. Very sel but he did sometimes; I think he was at Long Branch once. Q Were Ph in the habit of frequently going to the Opera House? A. Yes, air; probi two or three times a week. Q. Had bind business with the Opera House? A. bk with the Opera House, but with Mr. Fisk. With Mr. Gould, too? A. No, sir; not with ‘Mr. Gould at all. See Was the nature of that busincas? A. toc! ry You say you were tn this office un stairs—how wants that from the sidewalk? A. It is the second ¢ phi Aes up? A. Yes, sir. . Was Mr. Fisk there en you wentin? A, e8, sir; 1 remained about an hour and a half; I got tail @ little after one and left about half-past Q. Did you leave Mr. Fisk there then? A. He left @ minute or so before me, Q. Were you standing near the window? A. I stood part of the time and sat down part of the time; there was no fire in the room, asit was heated by heaters. Q. Do you know a person by the name of Mans- field? A. Yes, sir. Q. Did not Stokes’ coupé go in the direction of her house? A. Yes, sir; her house ts about two- thirds of a block west of Eighth avenue; it isnearer Ninth than Eighth. THE RENCONTRE WITH STOKES. Q. How far was Stokes’ coupé from you when you saw him? A, As close as you are to me—about fif- teen feet; I was in a carr! going towards Fifth avenue. Had you left the Opera House, and were gol ing away from it when you saw Stokes? A. es, Q. Where did you meet? A. On the northeast corner of Twenty-third street and Eighth avenue; he a to Eighth avenue just before he crossed. a. ere were you? A, I was in a carrit right alongside of him; I did not see him until I was Bites a? and I don’t think he saw me. Q. Did a pass each other rapidiy? A. Not so very rapidly—an ordinary gait; I did not look to see which way he went after he passed me. PATRICK HART'S EVIDENCE. Patrick Hart, sworn and examin: Where were you working on the 6th January last? A. At the Grand Central Hotel; I recollect the affair of the shooting of Co.onel Fisk; I had seen Colonel Fisk previons to that, and knew him. Q. Where were you at the time of the firing of the first shot? A. I was on the main stairs, the second step on the office floor, coming up from the office; I continued to go up stairs, but I heard the second shot before I reached the second floor, Q. What did you do or see then? A. I went along and saw Colonel Fisk at th t of the stairs. Q. Any one with him? A. No :1 met some one at the head of the stairs, but I don’t know who it was; I helped Colonel Fisk up stairs; when we got tothe head of the stairs there were plenty of people; we took the Colonel in the reception room, and [left him there. . Did you see the prisoner at all? A. No, sir, I did not see him. Q. When you first saw Colonel Fisk was he ying down? A. No, sir, he was standing between bot! doors. (Here the witness indicated the spot on the, diagram.) Q. Do you remember where the gaslights were in the hall? A. No, sir; there were some 8 gas fixtures hanging over the head of the stairs. Q. Do you remember any other occurrence that took place on that occasion? A. No, sir. The counsel for the defence declined to cross- examine. THE EYE WITNESS OF THE SHOOTING. Thomas Hart, sworn and examined. Q. Were you engaged in the Grand Central Hotel last Janu- ary? A. I attendea to the private door at the ieee entrance; my chair was on the front land- ng. Were you there when Colonel Fisk came in? A. Yes, sit; to the best of my knowledge it was then five minutes to four; I had known Colonel Fisk for about four months; he was frequently at the Bars) ar ordinarily went to the ladies’ entrance. Q. Where was he when you saw him? A. He was standing between both doors, Q. State all you know of the circumstances that followed? A. I was with the other boy, cleaning windows at the foot of the private stairs of the ladies’ entrance—the windows on the inside, not the outside, door. Q. Was the outside door open? A. No, sir. A MINUTE BEFORE THE MURDER. Q. Any light upon the stairs? A. At the head of the stairs there was a gaslight; there is a gas fixture there, and the gas was Darningy What was the other boy’s name? A. John P. Redmond; I took the globe from the bottom of the stairs up stairs to clean; I laid it down, and saw Colonel Fisk and heard him ask the other boy something; what it wasI do not know; Colonel Fisk then started to come up the stairs, with his right hand on the railing; [then crossed over the hall, and, looking to the left, I saw Mr. Stokes going slong in a stealthy manner— A LIVELY MUSS, Mr. McKeon (rising hurriedly and speaking in ‘| tones that were very loud and very indignant)— Never mind what manner, sir; we don’t want your conclusions; say what youean, and describe it by showing us how it was, if you wish to ao so. ‘The witness—He came along in a crouching man- ner. ‘’ x. McKeon (in louder and angrier tones)—Not at, sir,—— The Court—Please address yourself to the Court, sir, not the witness, if you have anything to say while he is being examined by the gentlemen on the other side, Mr. McKeon—I simply wish that the witness should confine himself to the facts and not give his opinions or impressions. . The examination by District Attorney Garvin was then resumed as follows :— Q. Now state whether he (Stokes) was near or far from the wall? A. He was near to the wall, on the right hand side; he was going from parlor 207, leaning forward and stepping lively. biked Court—In a bending posture, did you say? A. es, sir. Q. Where did you stand? A. A little way from the head of the stairs. Q. Fisk had come into the door % A. Yes, sir. “—'VE GOT YOU NOW.” Q. Go on and state further what yousaw? A. When he (Stokes) got to the corner of the hallw: and at the head of the stairs he stopped, he turns: and, bea round the right corner, he remarke the words, “I’ve got you now,” or something to that effect; he then walked forward to the head of the stairs, and, stepping about three steps to his right, I saw him pull up his right hand from his pants or his overcoat pocket, I could not tell which, and resting it on the banister, as near as I could see, there were two reports of the pistol; at this time t had left the globe at the first door opposite the Pie steps and was standing about five or six feet behind him; at the first shot I saw Fisk stagger, and at the second shot I saw him fall back- wards and cry, “Oh,” “Oh,” “Oh,” “Oh, don’t; then Mr. Stokes looked at him, and turning around drew his right hand back and put it In his left hand overcoat pocket or under the arm; he then said to me “There's a man shot; so) had better go and pick him up.’” “THOU ART THE . Isaid “Yes, and you are the that shot him; he made no reply to me, bilt, turning round, walked quickly towards the first parlor to the left of the private stairs—the number was 207; I saw Fisk sliding down, and Redmond running as if out through the door; Iran aiter Stokes and saw him in the first parlor, making a inotion with his hand as if throwing something sway; he had just step- pe a step or two into the parlor; going ont, he said, for the secon time, “Thero’s & man shot there; somebody had better go and pick him up;”’ I made no reply, but followed him; he walked quickly towards the irease and J followed him stiil; when about main half wi up-stalrs and somebody had better seek him and pick him up.” SECURING STORES. Here the counsel broke this long narration with the laconic inquiry, “Well, what then?” A. I said, “Yes, and there goes the man that shot him,” and pointed to Mr, Stokes; Pat McGowan, Ben Allen and Philp Farley followed him, Did he into the office? A. No, sir; he went through to barroom and to the barber's shop; Mr. Powers asked mo ‘what was the matter” and Tan out too; then McGowan and Farley had a hold of Stokes and were bringing him back; Stokes did not get out of the house before he was stopped; as he came back there was a crowd about him, and I heard some one say, “What ts the matter? Who is shot?’ and Stokes then said he did not know any- thing about the shooting; he was then atthe foot of the main staircase; I then went back to my t and did not see Stokes again until I saw hin yught up to be identified by Fisk. Oroas-examined—I was born at Rochester and am twenty years of age; have livedin Troy and Lan- singburg; came to New York in 1363; was first em- loyed at Freese’s Commercial Hotel, then went to fre Stevens Hotel; have Leen at the Ceatral Hotel since it opened. ARRESTED AS A WITNESS. Q. Were you arrested on the night of this occur- rence? A. Yes, sir; I was discharged after bein, kept about an hour and a@hali; Lwas arrested a haif-past eight and taken to the Fifteenth precinct station house i was bn from an hour to an hour fand was disc hg were not you then rearrested’ A. Yos, sir; aboutan hour and a half afterwards, and 1 have been in the House of Detention; Mr. Powers, Mr. Crockett and Mr. Waterhouse Lave calicd upon me. down he called out, “There is a man shot | “Have you written that statement down, gir?” ‘The witness—No, air. “STUDYING IT OUT." Q How istt, then, that you rapeat this story, werd for word, sentence for sentence? A. I studied it out because 1 Keew I would have to be questi bay! A eae ited to keep it in my memory, and au you repeat it every day? A. Yes, sir, = Q, Did you tell same the nets A Be at fama aae One @ Did not you say then thee boo jou. that Stokes was 100! fora lady insvead orbena down along the wall A. Stokes was bending his head down and looking around and behind him; I thought at first he was or soinebody; he looked ‘possum”’ for some one. i Did ‘an: thing wrong? not untith 0 the corner’ of the ae then I thor et first that the boy had prevented his comin; the private ladies’ door he was go! ig ae to scold him. Q. Could Fisk see Stokes and Stokes Impk? A, Stokes could see Fisk, tough I cannot say that he could have done so {i Fisk had been bottom of the stairs; he could see him if the landing. Q@ Did you suspect anything then? A. Yes, sir. “AFRAID.” Q. Why, then, did you not jump at him? A, Be- cause I was afraid that he would kill myself. Q. You mean to say that you saw him fire withous touching him? A. Yes, sir. % Why did not you follow him right up? A. J did not know what he was going to do until he fired; [ was going at him to push him down the stairs, but Idid not; I wishI had now; iff had I wouldn’t be here. How long a time elapsed between the shots? afxot more than three seconds, ‘ AN ILLUSTRATION. Mr. McKeon then clapped his hands twice, with an interval between the claps of about the period indicated by the witne: and, upon the latter ap- pearing not quite satisfied with the illustration, told him to himself show the length of time by the same means. Hart Gedighe hans thrice, and ex- plained that the first and last were th» initial and ending pa while the middle clap represented the interval. There was, of course, a titter all over the court at the absurdity of the answer. Mr. MoKeon—If there was an interval like that wey did you not go up to him after the first shot and stop him trom the second? A. i was afraid. A DISCREPANOY. Q. Did not you say before the Coroner that Stokes: salu, “somebody had better go and see him,” in- stead of whut you now give as the words, “go and pick him up?’ A, Ihave told the same story al- ways. @ there fs @ difference between those state- ments isn’t there? A. Ido not think they are dif ferent. Q OF how many persons did the Morse family consist a. The Court—The question is scarcely relevant and T must exclude it. aie defence, of course, immediately noted an ex- ception. What was Mr. Fisk doing when he came to the hotel ? A. I suppose he came there to visit the family. Q. "Fas Mr. Fisk ever given He money? A. No, sroneyer anything; I never told any person that he ad. . IRRELEVANT QUESTIONS. Q. Do you kifow the name of the girl that was chambermaid to the Morses ? The Court—I think it is immaterial who was chambermaid to the Morses. Mr. McKeon—I propose to show, Your Honor, at —— The Court—I cannot entertain any general offers, If you have any questions they must come forwaré in regular form. Q. Did you see Fisk go in to the Morses early in the morning and come out late at night ? me cis ict Attorney—Is that material, Your lonor The Court—I must exclude it as irrelevent. A CURIOUS INQUIRY BY THE COURT. Mr. McKeon—Did not you tell Annie, the cham- Reema, and Mrs. Benton, that Fisk had given you money The Court—Previous to the occurrence ? Ifo, it is entirety irrelevant. Mr. McKeon—Fisk could not very well give bim money after, Your Honor, ‘The Court—I must exclude the question, and will note your exception. LOOKING BACK AT THE RECORD. Q. Did you ever live in Troy? A. Yes, sir; at the Troy House; I was arrested there once on suspicion of taking money. The District Attorney—Were you discharged? The witness (quickly). Yes, sir. Mr. Tremain—Cannot the District Attorney wait till we get through? Do you know a boy by the name of Brenman? A. re was a boy of that name in the House of Detention with me; he was in the same sitting room with me, and i had conversations with him and played cards with him; I never talked to him about this affair, except to say that I was present at the time of the shooting. “NO, SIR? Q. Do you recollect saying to him that when 7 heard the firing, you ran to the stairs to see what it was—that you met Stokes coming from the stairs? <A. No, sir. Q. Did you tell him that Stokes said, ‘‘There’s a man shot; wont you run and getadoctor?” A, (Excitediy) No, sir; this is a conspiracy against me because he was not intimate friends with me wee he was sent to the Tombs for disorderly con- uct Q. Did you tell him that there was no truthin what you had sworn to before the Coroner and that. ag astonished that anybody believed you? jo, sir. Q. Did not you tell him when he told you to be careful or you might get into trouble that you had she Tieeee people in the city to take care of you? . Never. Q. Did not you teil him that Redmond was damned fool to have sworn that you were not there? A. No, sir. ANOTHER SNARL, Did not Redmond so swear? fr. Beach—I object, Your Honor. Mr. McKeon—Who objects, the District Attorney or the private counsel ? Mr. Beach—I object. Mr. McKeon—And I object to your objecting. But for the interference of the Court this little discussion might, perhaps, have grown into a lively quarrel; but repressive measures were at once adopted, and the irate counsel summarily extin- guished by the Judge ruling out the question. Q. Did not you say that you expected to get $1,000 for your evidence? A. No, sir; I never said a word about any money. Q. Where do your parents live? A. I have non sir, and no relatives, except two sisters, one whom lives in Troy. The Court then adjourned until half-past ten this morning. THE M’CARTY HOMIOIDE. Coroner Schirmer yesterday held an inquest im the case of Margaret McCarty, the girl, fourteem years of age, late of 1634 Hamilton street, whose death is alleged to have been hastened by a tiow on the back of the neck, inflicted a month ago by William Gordon, at 896 Water street. On the 27th of May deceased went to visit her aunt, Mrs San- ders, at the above number in Water strect, and while sitting at the dinner table Maggie reached her hand over to take a fisn froma plate, Gordon, a boarder In the family, feeling annoyed that the ‘irl did not use a fork instead of her fi ra, gave her a slap on the back of the neck with his 0; hand, without intending any serious harm. She ‘Was subsequently taken sick and died on Tuesday. There were no external marks of violence from the blow, and the post-mortem examination made by rps | Coroner Cushman showed conclusively that death resulted from cerebro-spinal meningitis, but Dr, Cushman was not prepared to say positively that the blow deceased received hastened death, although it might have done so. The jury found a verdict in accordance with the Medical testimony, whereupon Coroner Schirmer said he would release Gordon on bail in the sum of It was quite evident that Gordon in striking deceased had no idea of harming her. corde who is a laborer, born in Scotland, seemed to f¢ very bad at the close of the investigation. A FRESH BATCH OF PHYSIOIANS, At the annual commencement of the Long Islan@ College Hospital, held on Wednesday evening, the following named gentlemen received their diplomas as physicians :— Wilburn Allen, Tilinois; James 0, fae Pen Jersey ; Michael O'Brien, kansas; Martin A, ley New York; Israel C, Barlott, Pen John Buchan, Ohio; Frank Cowan, M. Eli A. Chase, Maine; Henry H. Caldwell, Alexander M. Dingwall, Oanada; 8. Arthur Denel, California; Adelbert J. ouginss, hi Hear - ei an - ane key; Lafayette Gordon, jagypas Gat 0, irkey ; ord Peers acta Dewits 4. Gleasob New York; Alving. Henderson, M. D., Ohio; Eugene Hoge, West Virginia; Anders L. fiailo, Wisconsin ; Orson J. Hutchins, Gil bert Ingails, 8, Wasson Jones, New York; Thomasd. Kane, sg George R. Kuhn, Joseph A. Lamb, Ernest G, Metcalfe, New York; Jesse J. Ma~ rader, Ohio; Joseph Manning, John G, Mani Kew York; James M. McCurdy, Pennsylvania ; Gulna New Yorks. dol W. Switzer, Ontario, Oaae n, New Yor! . Switzer, , ‘ Jonn &. Tilden, ada; Anson R. Smart, Michigan; Pisbkuly Bentainin fe Van Metan. nitnots.