The New York Herald Newspaper, June 29, 1872, Page 6

‘NEW YORK ‘HERALD, SATURDAY, JUNE 29, 1872—WITH SUPPLEMENT. STOKES. Examination of Witnesses Continned— Farther History of the Shooting. FISK'S COACHMAN ON THE STAND. ‘The Grand Central Hotel and the Morse Family in Court--What About That $1,600? WAS COLONEL FISK ARMED? The Tell-Tale Revolver and Deadly Bullet Put in Evidence. Counsel for the Prisoner Develop- ing Their Line of Defence. RULING OF THE COURT THEREON The Crowd, the Excitement and the Scenes in Court. NINTH DAY OF THE TRIAL. The crowds that yesterday clamored for admit- tance to the Court where the Stokes trial is being held were tenfola greater than on the previous day, and, if possible, ten times more flerce in their ef- forts to force their way past the officers who kept guard at the doorways. In fact, it was found abso- Jutely necessary during the forenoon to have twelve to fifteen officers on duty in the corridor in the vicinity of the entrance so as to insure the Court against an invasion by the hundreds who swarmed im the hallways, and whose numbers were con- stantly increased as the day wore on, The officers of the Court had their hands full to preserve order ‘ane prevent serious disturbances arising from ‘THE GENERAL CRUSH; but their good humor throughout never gave way, and the vast throng that managed to push itself into the court room proper was made as comfort- abie as circumstances would permit, When Judge Ingraham arrived and the Court was formally opened every seat, in fact, every available space of standing room, was occupied, So packed was the crowd that at one time locomotion from one side of the room to the other became a matter of utter im- possibility. The chief attraction with the hundreds who succeeded in getting in, and with the by far Jarger number who were unable to pass the guard at the doors seemed to be, judging from the tone of the conversation on all sides, Mrs. Fisk. Stokes, it would appear, does not “draw” on his own account as he did some time ago when the tragedy was fresh in everybody’s mind, and of course the appearance on the scene of any new characters, or rather characters that had not shown themselves in the case since the trial was first begun, have become stronger in their atfractiveness to the curlosity-seekers than the old ones. Thus it was that on Thursday Mrs. Fisk was the central Ogure, and that yesterday when the crowds poured tm and got well settled in their seate the question was asked time and again by the new comers, “Where is Mrs, Fisk? What kind of a looking woman is she?’ Mrs. Fisk, however, did not put in an appearance; nd the morbidly curious, who cared more about feasting their eyes upon her, criticising her every movement and commenting upon how she com- pared in looks to a certain other party whose Mame has been incidentally mentioned during the proceedings in the Court, then they did to listening o the evidence were, therefore, sorely disap- pointed. Indeed,. many who had fought like tigers (m the hallways to get in hurried out as soon as they learned that she was not present; and it may be stated just here that the better portion of the sudience were not slow in expressing their belief that Mrs, Fisk would have done herself a great deal more credit had she never shown herself in Court at all. THE AUDIENCE. Murder trials as a general thing are remarkable for the attraction they prove to the rough and seum of the city. The corner loafer and his equally vaga- bond con/srére, who make it a daily habit to squat in grogshops from early morn till they are kicked out Into the street late at night; the low-lived thief of the downtown puriieus and the better-to-do Toby Crackit who ogles you and your watch chain from “club” house stoops uptown in the evening time, as arule make up the great bulk of the court house audiences when the details of a “spicy” murder are being sifted and a fellow being’s life is at stake; but somehow this trial of Stokes is an exception to the general rule as far as the spectators are con- cerned who have been in constant attendance. Indeed, the quasi respectability of the andience so far has become @ subject of general remark, and yet how it happens that it is so is rather of a mys- tery. One would think that, in the general rush that takes place every day in the hallways, and in the tugging and hauling which aman has to sub- mit to at the entrance if he has perseverance enough to even fight his way as far as the threshold, the rougher portion of the crowds would in the end gain the mastery, and that the so-called respectable would-be spectators who do not care to join in a scuffle for any purpose with the loafers would not at any time have many rep- resentatives in the Court. Still, as has already been mentioned, the facts show the usual everyday Court lounger class to be in the minority. It may be that the whole thing is owing to the discrimina- tion of the officers of the Court, not to say any- thing of the police officers stationed outside the doors. Atany rate no one seems to grumble at the turn affairs have taken in this respect,.and it is hardly possible that anybody who has occasion to attend the trial hereafter will find fault with the condition of things if it lasts well to the end of the trial. There was a larger number of LADIES PRESENT yesterday than on Thursday, but it must be said that the majority were of thatdean and lanky class of an uncertain age who, not having anything at home to buey their minds, no babies to care for or husbands to please, make it a point wherever they to kill time in some court or other where the air is heavily freighted scandal and horrors become of necessity the general theme of witness and counsel. ere were, to be sure, among the number yester- day a few who would not be libelled by being called old, and who call art to their aid in various ways the more loudly to proclaim the fact to every looker-on, but with one or twoexceptions tney were the same individuals who were to be seen every day at the McFarland trial, and who, no doubt, will be seen at every trial for years to come which promises developments that make nervous people's hair stand on end or afford THE SCANDAL MONGERS food for tea-table gossip for months afterwards, The mdye showy ones of this species of the court lounger—and they have not forgotten their old tricks during the past few days—always get them- selves into as prominent a position in the court rooms as possible, and as near the prisoner as the Tules of the Court wil allow, with the hope of get- ting noticed in the papers. To effect their purpose they always wear the same kind of dress, faunt the game colored ribbons and occupy the same 3. Besides, ba 4 always put ona sentimental look, and pass their time in wistfully gazing at the prisoner if he be aman. This kind of thing never passes without general notice, and of course, if the artful dodgers get put into the trial accounts as “an in- teresting blonde,” ‘a bewitching looking brunette deeply interested in the prisoner,” and the like, the noxt day makes them all the more notorious, and so the trial jogs along, the prisoner and themselves about evenly dividing the attention of the audience of curiosity hunters. THE WAR OF WORDS. «The witnesses who were examined during the day, with but one exception, did not afford the au- dience as much interest as those examined yester- day, who testified to seeing the killing of Fisk; but they were the indirect causes of several grandifo- quent splurges on the part of the counsel for the prisoner, which, if they did not interest, at least Startied the audience Into the conviction that be- fore the trial is ended there will be several hot con- with the private counsel, rif is almost unne to state that Mr, McKeon is never happier than when the private counsel a im the ribs on ac- of their anomalous in the case. rul ae out was evidently the bad eno in his opinion, but the idea of a private counsel chuckling over the, to him, absurdity of the *oeetien Was too much to be borne meekly. The ing was monstrons, and the McKeon blood was up v1 coun! ‘he in arms atonce. He sprang to his feet on the in- stant, and, pointing his finger at the private coun- sel, he exclaimed ‘And THE PRIVATE OOUNSEL LAUGHS, with the money of the unfortunate dead man in his ket!” The private counsel did not faint at this, neither did he venture @ reply, and then Mr. Mc- Keon, warming to his work, dived into the merits of the question, and wound uj by crying out, “I want this case tried as it should be! We want to show that Fisk went to that hotel tor improper pur- poses.” The counsel then sat down, and at the same moment, owing, no doubt, to the unusual fire thrown into the proceedings 80 unexpectedly, sev- eral of the jurors asked leave, and, obtaining 1t, went out into an ante room 0 get @ drink — of water. This cool proceeding an apparently soothing eflect upon the now excited audience, but they were soon tye thrown into fever heat by the risoner’s counsel showing fight on another tasue, je asked the witness whether he or Fisk was armed when they went to the hotel. The man grew ipalepens and, with his eyes flash- he rose in his c! id. yelled oak, “No, sir,” with an emphasis on “sir,” that made even the prieomee start in surprise. The determination of the witness to be pugnacious naturally drew upon him a heavier fire of questions thanever. When he ‘was asked how much: wages he got from the man who employed him before Fiak secured his services the question was ruled out. The prisoner's coun- sel was in in arms, and claimed the right to ask the question. on the ground that the witness had confessed to owning @ coach, and he might have got the money from Mr. Fisk to buy it with. “I claim,” said he, “that this is @ private case, with rivate counsel and private witnesses.” The au- lience at this broke out into applause, sory slight, Rowever which was promptly suppressed by the ourt. THE TELL-TALE WEAPON, The testimony of Coroner Young, or rather producing the revolver which, it is alleged, Stokes threw away after shooting Fisk, created a decided sensation, It was in a package, which had been sealed by him the day he ‘obtained it, after the mur- der, and when he proceeded to open it the whole audience rose to their feet in their anxiety to see the deadly weapon. The Judge himself got rather excited, not out of curiosity, however, but at the close proximity of the package to himself. “Is it loaded?” he asked the Coroner. “It is,’ replied the latter, pulling it out of the package, “Hold the muzzle up,” exclaimed one of the jurymen, as he shrank back into his seat at the sight of the barrel pointed in his direction. The production of the revolver with two builets yet und Seay ME was followed by the identification of the two bullets said to have been taken from the body of Colonel Fisk. The Coroner was then submitted to a flerce cross-exam- ination as to what had become of the clothes the Colonel wore when he was shot and as to wlio took them away. The witness became unduly sensitive under the examination, intimating that he was being put in the light of one who had spirited the clothes away. However, the counsel assured him that they meant to throw no slur upon him, a8 was apparent, their motive evidently being to impress the jury with the idea that Colonel Fisk was armed, and that had his clothes not been taken away by his ae a weapon would have been found in his pockets, ‘WHAT 18 TO COME ? After Captain Byrne had been examined Mr. Crockett, of the Grand Central, was taken in hand, The prisoner’s counsel made a deadset for him, and created tremendous excitement among the audience by endeavoring to find out how long the Morse family had been at the hotel, and why Col- onel Fisk had gone to see them. ‘These questions being ruled out they then submitted a question in writing, intimating that the connection between Fisk, the hotei proprietors, the Morse family and the hotel people was. such that the prisoner was being persecuted iy eae witnesses. While the excite- Ment over these tactics of the defence was at its height the Court adjourned to Monday next, both sides consenting to let the jury separate and go to their homes. en the Judge announced the pleasing intelligence to the twelve men, good and true, road grin of satisfaction crept over their terward? A. Mr. Crockett sent me there, as he found out that I knew something about it; Captain Byrnes then took mein charge; that was jut BA AD ROUT aim. ale Did ‘ outside and “Fisk is shot!’ ou NO! le ack Tot ate Seachman 60, aiver he had been n up 8 @ ‘Don't you recollect.in the station house a gen- tleman sitting next to you and attempting to soothe ou, and your saying to him that you were arrested tn'the Fisk cage, and that you knew nothing about it? A. No, sir. ANOTHER LINK IN THE CHAIN, Richard Wandle, sworn—Q. Do you know the ner by sight? A. Yes, sir; I have known him wo or three years. .. Were you in New York on the oth of January? A. Yes, sir, and at four o’clock in ‘the afternoon I Was standing at the entrance to the Grand Central ape borg the sidewalk, between the house and e street Q. Did you see the prisoner at thattime? A. I saw him coming down Broadway on the right hand side—the west side. He was jot quite a run, but between a run and a fast walk, STOKES BUNS AGAINST A LADY, re, Q Did you notice anything particular oc curred just before he entered the hotel? A. He ran against a lady and struck her, which attracted my attention; he came on and ran into the ladies’ entrance. ‘Was that before the shooting? A. Yes, sir. . Did you see any other person soon after that going into the same entrance? A. I saw Mr. Fisk's carri ane. drive u) Q. How long after Stokes came in? A. I cannot say—probably from two to five minutes; the car- riage came down Broadway; it stopped @ little this side of the ladies’ entrance. Q. When did you hear of this affair? A. About four or five minutes afterwards; I did not hear the shots; I went into the office and saw the prisoner among the crowd; I think an officer had charge of him, but I could not see very well. ‘A COOL DISCUSSION OF WITNESS’ RECORD, Cross-examine: ond Where do you live? A. Ire- side at 36 Bond street, where I have lived for about four years. . What is your business? A. A man. . Iam a greenhorn—what do you mean by that? A. You may term it a gambler if you like, Q. How long have you been agambler? A. About ten years; I do not Keep a gaming establishment. What is the wy, Bis carry on your business? A. Playing cards in rent styles for money. is Anything else? A. I don’t know of anything else. . How regularly do you carry iton? A, Prona- by every day; Thave layed at different places through the city, both night and day. Q. Did you ever play with Fisk? A. No, sir; I never had any business or sporting connection with him. A GAMBLER'S ACQUAINTANCE WITH STOKES. Q. Did you ever see Stokes before this affair? A. On different occasions, but I never spoke to him; I have seen him in the street and in sporting houses; Inever did business with him; I was not called as & witness before the Coroner; I think I told Mr. Richards, of the St. George Hotel, what I had seen faa of the shooting; I have algo told Mr. Shed abou! ie Q. Had you been doing anything that.day? A. I don’t think I had been doing anything in particuiar. it Any one helping you? A. A great many; yes, sir. Q. Had you been drinking? A. No, sir; I never drink, Q. Keep your head cool and play vigorously, eh? A. Yes, sir, Q. Had you been sporting, as you call it? A. More than likely, Q. Do you play for lenge Stakes? A. That de- pends on circumstances; if I have it to play with I Q. You generally have it, don’t you? A. Some- times I do, Q. Are you a “roper in?” <A. I never roped a man in in my life. Q. Does not this Mr. Shed yon speak of keep a skin game near the Central Hotel? A. Ido not know; you can call it what you like; he carries on business at 689 Broadway. Q. Where had you been that day of the shooting? A. Thad been to Hughes’, corner of Nassau and Ann streets, and had then walked up town. Q. How mi f persons were there outside the hotel with you? A. More thana dozen; the pris- oner was, perhaps, fifty feet away from me; I don’t know if Fisk’s carriage came right up to the side- walk; I think it did, but there isa chance of my being mistaken. FISK’S COACHMAN. Francis Houseman sworn—What was your busi- ness on the 6th January last? A. I was coachman to James Fisk, Jr.; I drove his carriage to the Grand Central Hotel; the Colonel got into the car- riage at the Opera House, Which way did you go? A. Up Twenty-third street to Fifth avenue, down Fifth avenue to Four- teenth street, Fourteenth street to Broadway, and down Broadway to the Grand Central Hotel; we stopped nowhere on the way; Colonel Fisk was alone in the carriage. Q. What time was it when you started? A. In face: nd, looking as happy as schoolboys going home on vacation, they hurriedly left the Court. The Proceedings in Court=—The Testi- mony. John T. Redmond, sworn—Q. Where were you at work on the 6th of January last? A. I was callboy at the ladies’ entrance of the Grand Central Hotel, in the city of New York; in the afternoon, about four o’clock, I was cleaning the windows of the door; Thomas Hart was with me. Q. Do you recollect any persons coming in that afternoon to the ladies’ entrance? A. About four o'clock Mr. Stokes passed up that way. Q Do you see him here now? A. Yes, sir, IDENTIFYING THB ACCUSED. Q. You identify him as the man yousaw? A. Yes, sir; there he sits, with the gray coat on; that is the man I saw. There was here aloud murmur of excited inter- est all over the Court, which, however,was speedily subdued. Q. When Stokes came in where did he go? A. He went up stairs. Q. Did you see any other person come in soon after? A. Yes, sir, Mr. Fisk; {t was about ten min- utes after Stokes had come in. . Did you know the prisoner before that by sight? A. No, sir. Q. Did you know Colonel Fisk before that? A. Yes, sir. WHAT FISK CAME FOR. Q. Did he say anything to you? A. Yes, sir, and I replied; Stokes sald nothing when he came in. Q. What did Fisk say? A. He asked me if Mrs. Morse or her youngest daughter were in; I said “No,” and he then asked me if the other young lady was in; I told him that I thought she was, Q. Anything further said? A. He asked me if I would not please go up stairs with him and see; we then went up stairs, Colonel Fisk going three or fou: steps in advance. THE MURDER. When about halfway up I heard the report of a pistol, and, looking up, I saw Stokes in this post- tion, with his left hand on the banister (the witness here stood as nearly as possible in the position of Stokes at the time of the shooting, with the right hand lowered and stretched out, and the head bent forward) ; Mr. Fisk fell down and cried, “Oh!” he got up again and turned round as if to go upstairs, | when the second shot was fired. Q. What occugred then? A. Colonel Fisk slid down about six steps, but he got if on the first landing and walked to the bottom of the stairs; it was the same man who fired the second shot that fired the first. Q. Did you see the pistol? A. No, sir, I did not; Isaw the right hand raised, | (here the witness again described the position of Stokes in the act of tiring). AFTER THE SHOOTING. Q. What was done after that? A. Mr. Fisk, to the best of my knowledge, turned round and went up stairs; I went to go out, but did not, and turned round and saw Fisk at the head of the stairs, sup- orted by some gentlemen—who they were I don't now. Q. Did you hear or see anything further in con- nection With this matter? A. 1 saw Mr. Fisk and Mr. Stokes, when Stokes was brought into the room to be identified. Q. Was the man brought in as Mr. Stokes the same man that fired? A. Yes, sir; there was a gas- light at the head of the stairs and it was burning. Q. Did you see anybody but Stokes at the head of the staira’ A. No, sir. Q. Who was the first man that you saw whom you anew after these shots were fired? A. 1 was too excited to tell. Q. When did you see Colonel Fisk next? A. About five minutes afterwards I was in the room where Fisk was; there were a great many persons in there, . You say you started to go out of the door— did any person come in from the outside while you were there? A. No, sir: 1 did not go more than about tive feet away from Fisk; I went out of the outside door after that Q. Where was Thomas Hart all this time? A. It was his turn to clean the globe of the door that day, and he had taken it up stairs ; Ido not know exactly where he was at the time of the shooting, Cross-examined—Where were you born? A, In the city of New York; I went the Grand Cen- tral Hotel on the 14th of June; that was my first place away from home; I am nineteen years of age. FISK’S ATTIRE. Q. How was Fisk dressed that day? A. He had a biue coat on; I do not know the color of his Did he not have a military cloak on? not say; I do not remember what kind of had on; I had seen Fisk about @ month before. Q. Did you state at the Coroner's inquest that Hart was with you? A, To the bestof my knowl- edge I did. ¢ Why did yon let Stokes in at the Indies’ en- trance? A. I was at the top of the step ladder and could not stop him, gol allowed him to pass; the ladder was about six feet high. 7 Did you hear any words pass between Fisk and Stokes? A. No, sir, I did not. Q. How many shots were fired? A. Two; Iam sure of that, Q. What did Fisk say when bronght into the room? A. When Stokes came, they sald to him, “Who is this?” and he sald “Stokes.” THE DISTANCE BETWEEN THB MEN. Q. How far apart were they at the time of the firing? A. About seven steps; I was about three steps behind Fisk, to the right of him. Q. When the pistol fired did not you suppose that Fisk was killed? A. 1 did not know what was the matter; I did not know that he was killed. Q How did you come into the room with Fisk af the neighborhood of half-past three; when we arrived at the hotel we stopped as nearly as pos- sible opposite the door of the ladies’ entrance of the hotel; there was a carriage between us and the sidewalk, and Colonel Fisk go} out. “LOOKING VERY PALB.”? Q. Did you see Fisk again afterthat? A. Yer sir; he just opened the door, looking very pale, an came half way out. ‘aa Did you hear the firing? A. I can’t say that! Q. Did Net see him after that before you went home? A. No, sir. Q. How was the Colonel dressed? A, He had a blue coat on—a wrapper like. Q. Do og remember if any one came out and toid you he had been shot? A. The boy that was at the door told me; I went away to the Opera House and told Mr. Comer, and came right back again. Q. How long was it after the Colonel went in that you saw him come half way out again? A. Abouta minute and a half. THE COACHMAN’S HISTORY. Qvae were you before you went to Colonel Fisk? A. I was with a Mr. Eldridge, in Thirty- eighth street; I was with him for four months, before that I had been working at jobbing an general work; I was born in New York; Ihave no parents, but I have a family. Q. How often did you drive to the Grand Central Hotel with Fisk? A. Nearly every day; 1 had no regular time of going there. Q. How late at nights have you been there? A. I can’t say. THE COURT TAKES A FIRM STAND. Q. How early in the morning * The District Attorney—Is this relevant, your Honor? Mr. McKeon—Is it the public prosecutor of the people that objects to my showing the purpose of Colonel Fisk's visit to the hotel? I ask the prose- cutor, who is elected by the votes of the people, whether he dares to act thus, ina case where the life of a man is involved ? ‘The Court—You have no right to question the public prosecutor. Mr. Beach began to speak, when he was inter- rupted as follows :— Mr. McKeon—Here are private counsel with the money of this unfortunate man in their pockets in- terfering. I meun to try this case as it ought to be tried. I mean to show that this man went to the hotel for improper purposes. If this man is to be shielded let us know what power there is behind the throne to do it. The Court—Do you mean that question to apply to the time previous to thig occurrence? If so LI shail rule it out. Mr, McKeon—Then your Honor will note our ex- ception. WAGES, &C. Q. Where have you been since Fisk’s death? A. 1 remained in New York till the 22d of April and then went to Rochester; I stayed in Mrs, Fisk's service; I bought a hack on the 18th of April, and when f leit New York I leit it in the charge of another man. . What were your wages with Mr. Eldridge ? The Court—I inust exclude that question; it is wholly immaterial. Q. What wages did you receive with Fisk? A. Eighty dollars a month; there are four in my family, and there is an old lady living with me; I lives at v44 West Twenty-iourth street, over the stable. Q. What did the boy say when he came out of the hotel? A. He said, “The boss is shot at.” NEGATIVE TESTIMON Q, Did yon make a remark to a man that climbed up on the wheel of your coach to talk to you that Fisk was armed? A. No, sir. Q. Did you say to him, “I wonder that the old man did not pull on him, for he was fixed?’ A, No, ir. Q, Did you state that you had two pistols at that timer A. No, sir. Or anything to that effect? A. No, sir. . 18 that as true as anything else you have testi- fied? A. Yessir, + Redirect—Q, Had you any arms with you, or were there any in the carriage’ A. No, sir. WAS FISK ARMED ? Re-cross . Did not Colonel Fisk take @ pistol out of a saddie in the stable that day’ A. No, sir, nor have I stated so to anybody. Q. Have you ever stated anything like that toa Dr, Newman? A. No, sir. Q. Do you mean to say that Colonel Fisk kept no pistol in the stable ? A. No, sir. Q. Did you ever see Colonel Fisk with a pistol ? A. No, sir. . Never? A. I said “No, sir.” . And l said “Never?” A, Never; it was none of my business to know whetier he had a pistol or not; I was his servant, not his comrade, THE CORONER ON THE STAND. Coroner Nelson W. Young, sworn:—Q, Did you Lg investigation as Coroner in this case? A. es, ir. Q Did you receive a pistol in connection with it? A. Yes, sir; I received a pistol from Captain Burns; I took nd sealed it up in a package immediately after the inquest, and (pointing to @ package) is it; the seal is unbroken; it contains another ackage, containing two pistol bullets; one of them got m Dr. Marsh, ye nd the other from Captain Byrne, of the Fifteenth precinct. THE PISTOL. . Is that the pistol (pointing to the weapon which the Coroner had brought forth from its fiehenge'e by onill A. Yes, sir; I have a memoran- dum of the marks upon it, and 1 am sure that it is the same; the bullets I also identify by private marks, Cross-examined—Q, When did you arrive at the Grand Central Hotel? A. About a quarter-past seven; I went to the station house frst and then crossed to the hotel; I think I entered from the Mercer street aide through the barber's shan; 1 rake ates Gy ‘When you saw him in bed he was undressed; it when his clothes were taken off # clothes there? A. No, sir. HUMANITY. ‘any one to touch a roner arrives? A, No, sir, and there ought ‘@, You'did not inquire about the clothes? A. No, I asked eda question about Colonel Fink's man name of Morse answered meand data ahey ad been handed over tons that Mr. M the itleman . Was . Morse the same gent was on bee Senora, inquest ? wn oe member that he was there; he ve been; summoned verbally a half-dozen gentemen Neca without ore their names or Knowing them un! they ed the paper. Q, Did you see Mr. Powers about the things? A. Yes, sir, that same night; he gave them to me and 1 gave him a receipt, though at first he did not want to take one. THE MURDERED MAN'S EFFECTS, Q. What did you receive from him’ A. I received fifteen $100 bills, a large diamond pin and a pair of diamond sleeve buttons, ® gold watch and chain and & jbuneh of keys. * “ . Was there any pocketbook in which the mone; Diol Placed? A, 1 think not, but I won't be post. ve, tng Were ieee ooo nine — up? A. I think were sim) rol up—not in ir ir je thing of that ina. 1 eget Q Were the clothes there at the time? A. No, sir, Q. You gave no receipt for the clothes? A. No, air. g Did you ask for them? A. I did not; Thad no right to them; the man was not dead. Px’ Ee i e BULLYING THE CORONER, Q. Was not there alikelihood that he would die? va did not you keep everything ? The Court ahiécked to the Coroner thus being called to account for his official conduct, but Mr. Young quietly replied— A. I made no inquiry for the clothes, sir. a Spe you hold the inquest? A. I did, after his le Q. Were there any clothes produced there? A. They were not exhibited there. When aid you first see the money? A. At the tunes wens to give it HT ha the Braver | rties. . To whom was that property vered? A, Mrs. Colonel Fisk indirectly. x . What do you mean by indirectly? e Court again interfered; but the Coroner again expressed his willingness to have the whole matter gone into, and had begun explaining, when by common consent the line of inquiry was changed. FISK’S CLOTHES. Q. Where did you see the clothes? A. At Colonel Fisk’s house after the funeral; I think on Wednes- day after the occurrence. Q. Did you see Mr. Fisk that night after you saw him at about seven o'clock? A. I think I saw him twice that night—once about a quarter past seven and adnan @ half or three-quarters of an hour after- ward, Q. Were there many people with him? A. No, sir, not many; I was told they were doctors; there were Doctors Fisher and Tripler. Q. Were they near the ped? A. rounding it. Q. Doinganything? A. Administering some med- icine or stimulants; I did not sce any instruments. Q. Did you see Fisk the next morning? A. Yes; ‘ bea him just before twelve o'clock; he was then ead. They were sur- PRIVATE OR PUBLIC. Q. Do you recollect Redmond and two other boys, whose statement you took? A. I took their state- ment in writing. Q. Where are those papers? A. I don’t know where foer are; they may have been lost or de- stroyed; they were private papers. But where are they? e Court here interfered, and Mr. McKeon sal Is it possible that in an investigation involv- ing the life of a man, and where an officer of the Jaw takes a statement, that we have not a right to see what has transpired? The Court—I cannot allow this line of sryoment. The Coroner—I think it is more than like! My that I destroyed them;1am not positive what I did with them. Q. Why were they taken? A. Merely to see whether I should hold these boys as witnesses. %. You discharged these boys? A. Because I was satisfied the boys would be forthcoming at the in- quest, and Mr. Powers said that he would be per- poy responsible that none should tamper with them, The Court then took a recess, After the Recess. Judge Ingraham was promptly in his place, but both jury and counsel lingered, and it was nearly two o'clock before proceed: were resumed. There ‘was the same rush for entrance into the court room as L Ap mans in the morning, but the strict orders of the’ Court not to perm{t any nolay demonstra- tions, as strictly observed by the officers, kept the crowd back, and the room, as heretofore, was not uncomfortably filled. TESTIMONY OF CAPTAIN BYRNES Captain Thomas Byrne, of the Fifteenth precinct, was the first called, and testified— pezeniings by the District Attorney) —I first heard of the affair about four o’clock, when I was standing at the corner of Eighth street and Broadway; on going to the sta- tion house I learned Mr. Stokes had been tdentifled as the man who shot Colonel Fisk; I went over and saw Colonel Fisk; about fifteen minutes past seven Irecelved a pistol from Crockett and a ball that was found on the stairs; I gave them to Coroner Poi al the same evening, but at the Coroner's nques| ‘0 Mr. McKeon—It must have been twenty min- utes past four when I reached the hotel; when I went into Colonel Fisk’s room there were four or five people there; Dr. Fisher, I think, and Dr. Trip- ler; he was examining the wound; i saw it, and remarked what a large ball it must have been; I didn’t see how deep the probe went in; Mr. Fisk laid there as if he had no hee atall; I should judge his voice was natural; I saw the boys, Hart and Redmond, during that evening; I did not take a statement from them; I was there when the Coro- ner was asking them some questions; they were discharged, and were gone from an hour and a half to two hours; I didn’t get the pistol till about seven; I got it while the Coroner was there, . Is Mr. Crockett here? A. I saw him here, (Mr. Crockett here rose.) I did not see Stokes ar- rested; I saw him as I came to the station house; I directed OMicer Madden to sit beside him till [came back; he was sent to the cell about half an hour later. Q. Who was the first person allowed to go into his cell? A. Mr. McKeon. & Myself; when was that? A, Apout six o'clock or half-past six, Mr. McKeon—This is about correct; did Hart tell you that he saw Mr. Stokes throw anything away? A. Idon’t think he did; we didn’t take down his statement; we took down Redmond’s statement; we took down the names of witnesses; we did not et Mr, Wandel’s name; _I have seen him standing in a great many places on Broadway. TESTIMONY OF 8. FRANK CROCKETT, 8. Frank Crockett was sworn and testified. By the District Attorney—I had charge of the front office of the Grand Central Hotel on the 6th Janu- ary; Ll received a pistol on the parlor floor from the parlor man we call Henry: I immediately took it down to Mr. Powers, and in his presence threw up the chambers and found two loaded chambers and two discharged; I lett it for a while in Mr. Powers’ care, and aiterwards gave it to Captain Byrne; I also received a bullet from Patrick Hart; I heard two shots, and in about two minutes aman came down with a white cout and a cane in his hand; I heard him say “THERE IS A MAN SHOT,” and walked toward the barber's shop; a doy, ‘Thomas Hart, following, called out, and Mr. Powers said, ‘Arrest that man ;" three of our men ran and caught him; the man was Mr, Stokes; I sent to as- certain who was shot; 1 then went up stairs to No. 213, where I found Mr. Fisk; there is a hall lamp over the ladies’ stairs and one at the door, . Are there two hand rails to those stairs? A, 1 think there are. ‘The District Attorney—I know there are; I was there last night my: Was there a sofa in that parlor? A. Yes, there ‘e two parlors connecting (the elevation being jhown him) ; this is a fair model of the staircase ; it | 18 w perfect model } lamp hangs down on the cen- fe tre; here (the space at the head ofthe stairs), with- n eight or nine feet of the ground, 7 ‘The jury examined the model with considerable care. After which witness resumed :—In Colonel Fisk’s room there were Mr, Haskins, Mr. Curtis, young Mr. Powers and Dr. Tripler; I don’t recail any others; the prisoner was brought in by an officer, McAdam, while I was there; I heard Mr. Fisk say something to the officer; Captain Byrne came in some time after the shooting and I informed him that I had a pistol; I then handed it to him; it was the same pistol that I had received from Henry; I aiso gave him a builet I received from Patrick Hart; that was about five o'clock, and after I had given him the pistol. Q. State what was the first you heard of the amair. A. It was a few minutes before four o’clock ; I was in the front office and standing near Mr. Powers at the time; I heard two distinct re- rts of a pistol; I immediately said to Mr. ywers—— THE WITNESS was interrupted by counsel, and after being told to state only what he saw and did, continued—in some two minutes, perhaps, a person with a GRAY COAT and a cane in his hand came down the front stairs leading to the office; as he came down I heard him say that @ man was shot; I didn’t hear any more than that; this person went towards the barber shop and was the person afterwards arrested; Mr. Powers, when he heard the boy say “that is the man,” ordered some of the persons of the hotel near to arrest him; these were Ben Allen, stage driver at the hotel; Phint Farley and Pat McGrath ; it was then I went up stairs and saw Mr. Fisk, ‘and heard him say something to the policeman; Stokes ‘was then Pree ae $2 did Mr. Fisk say? . McKeon (rising excitodly)—Ia the District At Ahadad in evidence the ante-mortem b The District Attorney (very coolly) —I haven't eaid ‘8 word about it. : Frivate counsel, objected to the interruption by Mr. McKeon again started to his feet, and, in his excited manner, said—I know what I sm about, and I will not stand here and see private counsel interfering in the case. Private Counsel—I maintain the right to address the Court against these inte: Mr. McKeon—I stand here the defender of a man on trial for his life, and T it any man hired sa yeivase coungel and actuated by paid in- fuences rosecute. 1B COURT INTERFERES AGAIN. Judge cut Mr, McKeon short in his are sayin I nae! —— patie og byte to jen cou! suse of su rej ing vate counsel. A motion was made on that out lect and I decided on it, and after having done so think it is iapreper for counsel to contin- introduce the subject. Mr. McKeon—However I may bow to the decision of the Court, I am not going to sit here and submit to private counsel's dictation. Mr. McKeon then resumed his seat, some applause following his re- Q. What was it you heard Mr. Fisk say to ere liceman .who had Stokes in charge? A. Mr. Fisk “THAT I8 STOKES, the man that shot me.” CROBS-EXAMINED, To Mr. Tremain—I have known Mr. Fisk for fif- teen years; not intimately. Q. Haye you had deal to do in getting up this case? A. I have not, that I know of; I have iven some names of witnesses to Mr. Byrne; the istrict Attorney has asked me about several per- sons and I have answered him; I have not, that I remember, told abr one not to appears baagen I knew Mr. comer; e was employed in some subor- dinate department of the Erie Rallway; I have had two or three conversations with him since the oc- currence, Q. Suppose some one was standing near the door of 209; could anybody see him from the bottom? A. He would be round the corner, and of course he could not be seen; I have had no conversation that Irecollect about subpenaing Henry; I supposed bog Ler age be subpoenaed, and am surprised he fas not . How do you know that heisnot? A. Ihave not seen him, and I have been here to-day and yes- eo bia rou say that Stokes wasrunning? A. I say that he was coming fast, so that his coat flaps were fly! back; I should say he was running; faster than a walk; I give you my best re- collection ; I am Ligid positive he used the expres- sions I have given; I don’t think I saw Colonel Fisk at the hotel more than two or three times. Q. How long had that Morse family been there ? Ubjected to by the District Attorney as irrelevant. Mr. McKeon—Suppose this $1,500 found on Fisk was intended to pay their board bill, A LITTLE OROSS FIRE Mr. Tremain urged that some latitude must be iven to a cross-examination, Counsel shoula not ye suspected of any intention whatever to trifle with the Court. Nor should they be called on at all points to disclose the purpose oF the cross-examl- nation, and thus put the witness on his ard against the very object of the examination. If the Court saw any purpose of the counsel for the de- fence to trifle with the Court, then let it put on them the iron collar and force them to tell in ad- vance the purpose and materiality of the questions; but if the counsel were to be credited with honest jurposes then they must be given this latitude. le would, it the Court demanded it, give the pur- pose of the question. It was true that no one had theright to shoot another because he was a bad man, but if that bad character of the deceased was so wrapped around the prisoner by circumstances that it led him to feel himself overwhelmed by it, and to be in danger of DEATH ITSELF on account of it, surely they had the right to show it. And if he had paid the bills for months of this Morse family, if this character had so involved the proprietors of the hotel that they sought to bring the best witnesses to be found against the prisoner, and to keep back those who might be advantageous to them, surely they had a right to inquire into the relations, to show what motives influenced the pro- prietors of the hotel. The District ane insisted that this question could have no possible bearing upon the eo of the prisoner. The purpose with which that family were there or the length of the time they had been there did not make Mr. Fisk's life less under the protec- tion of the law. It did not authorize the prisoner to shoot him, It had no possible effect on the guilt or innocence of the prisoner. Mr. Tremain, in reply, said that this was aside from the question of the limits of a cross-examina- tion; where was the harm in opening .wide the doors to show the relations tween the de- ceased and this family, and incidentajly the in- fluence they had on these witnesses and the pro- prietors of this hotel? RULING OF THE COURT. The Court ruled that this matter was not cross- examination, but new matter, and was not rele- vant to the case, He, therefore, excluded the question. Mr. Tremain then stated that to save time he made this offer. While this was being reduced to writing the witnesses’ examination was resumed, I was not examined at the Coroner’s inquest; I took some books to the boys in the House of Deten- tion and some cards—a of cards; I did not talk to them, except in the presence of an officer; I did not arrange to bring any woman here as a wit- ness from Massachusetts; I had one conversation niin in the District Attorney's office; the last time I heard Fisk speak was when he was first placed in bed. THE GRAND CENTRAL HOTEL AND THE MORSE FAMILY, Counsel for the defence here read to the Court what they Tae deren! to elicit from the question “How lon the Morse iamily been there ?’ and which been ruled out by the Court as irre- levant to the issue. The paper was as follows :— “The defence propose to show that the Grand Central Hotel, so far as the purposes for which the deceased, James Fisk, Jr., visited it, was a house of assignation; that the ae rietors of such house were standing in the light o Bronuacars of such a house; that the deceased paid the proprictors of such house large sums of money to defray the ex- penses of his mistresses at different times, and that ‘witness had knowledge of such facts.” Adjournment Till Monday. Mr. Tremain said he had understood that for the sake of the jury he proposed to sit to-morrow. For himself he felt the need of the rest, and he asked ag a personal favor that the Court would adjourn over, and he rked perfectly willing that the jury should separate. ir. Garvin said he had no fear of a New York jury under a proper charge of the Court, and was quite willing they should separate, After @ pretty strict charge from the Court to avoid talking about the matter, or being talked to, or reading anything in relation to the case, the jury were allowed to separate, and the Court adjourned to Monday. “AT THE TOMBS, Stabbed by a Woman—A Bookkeeper Locked Up for Embezzlement. There was brought to the Tombs Police Court yesterday morning, by an officer of the Fourteenth precinct, @ young girl who gave her name as Ellen Carlock. She was charged with having stabbed Nicholas Humbert, of 85 Monroe street, the night before. it seems she was passing through Grand street when she met two men, one of whom she stopped and said something to which was inaudi- ble to Humbert and a friend who were walking about thirty feet behind the party accosted. Just as Humbert came up, however, he noticed the girl strike the man on the back, and saw him in turn hit her over the head with @ small switch he carried. The two then separated, the girl going on toward the Bowery, and the man, with his com- panion, turning up a side street, Humbert and his friend continued on about fifty feet behind the gir! who stopped at the intersection of the Bowery and Grand street, and when Humbert came up rushed athim and plunged the large blade of a pocket knife into his breast, inflicting @ very severe if not dangerous wound. The injured man cried for help, and Officer Conklin guiekiy responded and arrested the infuriated Amazon. She told Judge Hogan she mistook Humbert for the man she had spoken to, and who had hit her with the switch. She was com- mitted for trial. EMBEZZLEMENT. On the 22d instant the proprietor of the St. De- nis Hotel bought $28 worth of ale from the firm of A. ©, Lawrence & Co., No. 93 and 95 Leonard street. Three days later Albert D. Holly, who was employed by the firm as bookkeeper and collector, presetited the bill to the cashier of the hotel and received the full amount in payment therof, which little sum he somehow neglected to hand over tohis employers. He was brought before the Judge yesterday morning and committed for trial in default of $2,000 bail. SUNDAY S0HOOL OHILDREN'S PIONIO, The children who are instructed in the Sunday school attached to the Roman Catholic church of St. Vincent Ferrar, Rev. Father Lilly, pastor, en- joyed their annual excursion on the 27th inst. at the old park grounds in Westchester county. The little ones, to the number of several hundred, pa- raded at the church at an early hourin the morn- ing. Mass was celebrated, their parents and many friends ak with the juventies,a large con- gregation. a from the church the party pro- ceeded to the depot of the Third Avenue Ran: road Company, from which point they were taken, in @ number of cars which had been specially hired for the ocoasion, to the place of en- joyment. They were accompanied by four clergy- men of the Dominican Order, The pict ne par! was in elegant trim, the weather delightful; the games, music, dancing, more serene, Lieat and other exercises excellent and re! ing. Large bumbers of our most respectable and eeaeente, citizens attended and received and gave pleasure by their presence. Many old-time associations were renewed, and many new acquaintances formed. The children were returned to their homes by Father 4 and his reverend coadjutors at an early hour in the evening, in hoalth, and made still more happy hy the outdoor fete. , THE CouRTS. Interesting Proceedings in the New York and Brooklyn Courts. —>+—__—__ Privileges of Counsel Before Grand Juries—The ‘Wiegel Perjury Case—An Interesting Legal Question—A Counterfeiter Sentenced— Charge of Presenting Frauda- ° lent Bille—Business of the General Sessions. UNITED STATES CIRCUIT COURT, An Important Case—Privileges of Counsel. Before Judge Shipman. In the case of William J. Pollock, lately indicted: for smuggling, the United States Grand Jury which: indicted him sent to his counsel, Mr. Joseph Bell, for some letters belonging to Pollock which Pollock” had entrusted to him. ir, Bell declined to give them up, on the ground that it would be a breach of faith to his client to complex and: that they were privileged communications, which not even a Grand Jury cen d legally bg delivery of to them. The matter was brought the attention of Judge Shipman on Thursday, with a view of having Mr. bed gear for contempt for not obeying the commands of the Grand Jury, and the Judge now has the matter under consideration. The Wiegel Perjury Case—His Arraign-: ment. In the United States Circuit Court yesterday morning William H. Wiegel, indicted for perjury, im giving false testimony in the Tilden-Butler sult, was arraigned to plead to the indictment before Judge Shipman. The Court informed him that he must renew in this city his $5,000 bat! given in Baltimore; with two good sureties, justifying in $10,000, Wiegel said that he had no friends in this city, and feared that it would be dificult for him to pro~ cure bail. He did not fear trial, and was ready to: g on at any time and defend himself if beciapert e le hoped he would be given time to procure ball, and not be dogged by detectives in the meantime. He was given until this morning to get bail, and hae left the court room, thanking the Court for~ ie time granted, Interesting Legal Question. Bills have been filed in the United States Circuit Court by the Babcock Fire Extinguisher Company” against the “National” and “Philadelphia” (Gard- ner) Fire Extinguisher Companies, and against rominent purchasers of the infringing machines - in this city, Philadelphia and Baltimore. The bills: claim that these extinguishers, in using carbonic acid gas in combination with water, infringe the Carlier & Vignon patent, owned by the Babcock Company, and pray for injunctions restraining” them from the manufacture, sale or use of “Na- tional” or “Gardner” machines, and for specific 8. Counterfeiters Sentenced. Patrick Kelly, the venerable counterfeiter who: was arrested for dealing in spurious bills, was taken before Judge Shipman, in the United States Circuit Court, to be sentenced. His counsel, Mr. Spencer, appealed to the Court to act leniently towards Kelly on account of his extreme age. Judge Shipman sent Kelly to the Kings County Penitentiary for one year, and imposed upon him @ fine of $1,000, Frank Mulvey, another counterfeiter, indicted for having spurious bills in his possession, was released by Judge Shipman on giving $1,000 ball to appear if called upon ut the October term of the Court, COMMON PLEAS. Charge of Presenting Fraudulent Billa Before Judge Larremore, Frederick Kindorff was arrested yesterday by @. deputy sheriff, at the suit of Peter Lorillard and Charles Leidier, who constitute the well-known tobacco firm of P. Lorillard & Co., on @ charge of esenting fraudulent bills for goods supplied by to the establishment, The order of arrest was. issued by Judge Larremore, and the complaint sets. forth that Leidler had entered into an agreement with Mr. Campbell, a shipping clerk in the es of Lorillard Co., to certify the fraudulent that the full number of articles for which payment. ‘was made was not delivered, and that the firm has. been defrauded of $7,855. e prisoner was taken before peyety Jarvis, preparatory to giving bail im the sum of $8,000, Court Notice: Obambers will be held in Part Common Pleas. on Monday, 1st July, at10 A. M., and continue until Fae etre months of J ly, August and Septe: uring the months of July, August an m- ber no business will be done in the Chambers of the Common Pleas on Saturday. All motions for day will stand @ er until the following Monday. NATHANIEL JARVIS, Jr., Clerk. COURT OF GENERAL SESSIONS. Two Highway Robbers Sent to the State. Prison for a Long Term. Before Recorder Hackett. The. trial of John Conklin and Edward J. Smith,, which was commenced on Thursday afternoon, was finished yesterday morning. The prisoners were: charged with assaulting a woman named Ida Enlett. atthe foot of Delancey strect, on the 6th of May, and stealing $7 in money. According to her stoi which was corroborated by a police officer and; another witness, the prisoners sprang from behind’ @ pile of lumber, and not only took her money, but. stripped her of her bonnet and shawl. e aC cused persons swore that they did not touch or rob the complainant. After a few moments’ delibera- tion the jury rendered a verdict of guilty. Conklin, who is a notorious character, was sent by the Re- corder to the State Prison for twenty years, and Smith was sentenced to imprisonment at sing Sing for the period of ten years. Miner, the Confederate of Chauncey Johnson, Sent to Sing Sing for Five Years. Henry Miner, alias Peter Hart, who was tried and convicted of grand larceny early in the week, being. associated with Chauncey Johnson in the theft, was brought up for sentence. Mr. Mitchell made an ap- peat for a lenient sentence, but the Recorder im- posed the highest penalty the law allowed, which. ‘was five years in the State Prison. Other Sentences. John Smith, who pleaded guilty to stealing $100: worth of wearing apparel from Owen Gormley, was. sent to the State Prison for three years, James Multin, who pleaded guilty to an attempt at grand larceny, was sent to the State Prison for two years and six montns. John Keefe, alias Johnny the Greek, who pleaded guilty to a similar charge, was sent to the Pent- ntiary for one year. The Obscene Literature Traffic. John Meeker, a dealer in photographs and fancy pictures, at 106 Nassau street, was placed om trial, charged with having in his possession: obscene photographs with intent to sell them, in violation of the statute passed to suppress the traffic in immoral literature. This was one of @ number of indictments brought against seve- ral parties for a similar offence. rT. Anthony Comstock, the principal witness for the people, tes- tifled that he accompanted police officers to the de- fendant’s place of business and seized a number of oe negatives of obscene photographs and other fancy card photographs, which Assistant District. Attorney Fellows put in evidence. The jury scru- tinized the filthy things with great particularity, At the close of the case for the prosecution the; Court adjourned till Monday, BROOKLYN COURTS. COURT OF OYER AND TERMINER. The Fitzpatrick Homicide—The Trisl Postponed and the Prisoner Admitted to. Ball. Before Judge Pratt and Associate Justices Voor- hees and Johnson. Thomas Fitzpatrick, of No, 286 Van Brunt street, was indicted on the charge of having caused the death of his wife Mary. The indictment was for murder in the firet degree. On Sunday, the 9th. inst., the prisoner and his wife had a quarrel, dur- ing which the former kicked and beat the lat- ter so severely that she died on Tuesday following. The circumstances of the tragic affair were ‘mally published in the HeRaLp. Yesterday morning the case was called on for trial, District attorney Winchester Britton 9} eared for the "a dog and Generals Tracy and Cat in for the defence. The latter were assigned by the Court to defend Fitzpatrick, District Attorney Britton said that he would be unable to proceed pomrtoae in consequence of the absence of a very important witness the city. General Tracy desired to try the case at once; for in the event of a postponement the prisouer would have to lie in jail until the next term of the Court,, which would not be held until October. District Attorney Britton said he would not ob- ject to the prisoner being admitted to a8, upon examination of the case, he had come to the- conclusion that he could only ask for a verdict of manslaughter in some inferior dey . He would consent to accept ball for mans! ihter in the fourth degree. General Tracy stated that the prisoner was @ er ten @ day laborer, and asked the Court to ¢ that fact into consideration when fixing the srjadge Pratt, fixed the ball at $1,000. ‘The case, at mnerebore. goes Over until October. —_— A