The New York Herald Newspaper, July 6, 1872, Page 11

, Further pevelsiehcive of the _ “kine “of Defence.. agen, ho Probing of the Wound and How It Might: Have Effected a Fatal Result. © A Day of Crimination.and Reerhination Between the rae Private Counsel Again and More Talk About Blood Money. —_—— The Hall Boy’s Testimony Contradicted. be —+———— THIRTEENTH DAY OF THE TRIAL. ‘The greatest fight on the Stokes trial occurred yesterday. Expectation had manifested itself in many ways as to what would be done on Friday, the 6th of July, and the thirteenth day of the triat of Edward 8. Stokes for the killing of James Fisk. At tem o'clock there was a great crowd leading from the hallways up to the court room, Every man there stated that he was a reporter for some village paper, and two or three hundred were turned away. It is # shamefr’ fact that a lot of Dummers and people withoc.. vccupation are every @ay tm attendance at this Court, who represent ‘themselves as reporters for the press, while on the Other hand the men who are detailed to do that work have to fight their passage into the court room. ‘Migs Stokes—& beautiful girt in black silk, and ‘wearing gold ornaments at her throat—came into court with her mother, who was dressed in deep biack. Mother and daughter sat eide by side, and fhe father and brother of Stokes followed and took ‘their seats by the counsel of their kinsman. } The Court was crowded to excess, In the back peata there were a large number of the Erte Railway employés, who were in expectancy to meet Miss Mansfield, Who it was rumored had been sum- moned to testify. This modern Desdemona did not eppear, and there was great consternation among the mob at their disappointment. A cool breeze came through the room, and Sheriff Brennan brought in the prisoner, who wore @ drab coat and SQ spotted black tie. ‘There was 8 juror absent—Mr. Peter Hopkins, of 446 Broadway—who had been affected by the heat. He walked inte the jury box and made his excuses like a gentleman, although he was suffering from fhe heat. Mr. Justice Ingraham came in after- wards, and the crier, with his black mustache and good-natured, sallow face, called the court. There was little of the old Norman French in the cry, ft was eo hurried over; but when he pulled back the Sleeves of his alpaca duster every man and woman {n court knew that it meant business. It was the first day for the defence, and the peo- Ple ware hungry ior some strange plece of evidence or some strange statement to divert themselves from the heat. Mr. Daliey rose to his feet and began to read the Manuscript testimony which had been taken at the Coroner's inquest. ‘fhe first part of it was the evi- @ence of Dr. Tripler, who had attended on the wounded Mr. Fisk at the Grand Central Hotel. In substance the testimony of Dr. Tripler at the in- quest contradicted the testimony of the eame man ‘which was given to the jury on the trial, Mr. Tremain, who was formerly Attorney General Of the State of New York, and ts satd to be one of ‘Dest lawyers in America, got on his fect. He & noble port and a head like Webster. The great breadth of his white vest, the eagle beak and ‘the massive face of the man struck the jury. But, jmaddition, this man has an eye like the “anctent mariner’ of Coleridge, which fastens itself on every human being in Court. Ho looks at the Jury, and they all regard him, every man of the twelve, asa basilisk. There is no clap-trap about the man; he does not seek for effect. He rarely or ever addresses the jury; but when the Judge is wrong in law he talks to him of Duer and Hill and Parker, and alludes to “Roscoe's Criminal Evidence,” and he has yet in reaenre Rg a Medical Jnrispru- dence” and “Ri: Mr. Beach its Fullerton sat in the bi chairs, but they did not sit. bac! rapt heel four legs of each chair were level with the floor, and Mr. Beach did not make 80 many notes as be- fore, Mr, Fullerton, who is avery handsome man and will make @ speech, confined himself aes ing at the witness, There was one witness ocame into the box—a Mr. Samuel pelsugk- Serene is noted for his beaut; oF cou! @ great. resemblance. to Mr. Wren ose two handsome men looked at och other there was a sympathetic movement in: Court, and a murmur expressed faintly among the people, “Don’t they look like each other he testimony of Thomas Hart, boy on the stairs, who had sworn at the Coro- per’ cane that. ie. saw Stokes at the head of the it was the 6th of a are cold and that of the ptatol aie were fired at the body of Fisk. This seemed incredibje to the jury, but the twelve men held thelr peace and fanned’ their ee eee it. was very hot in room. ‘The boy Redmond’s testimony was read from the Coroner’s manuscript. He stopped for a moment and scratched his head and began to think. Red- mond and Hart are two narrow-faced lads, and, in particular, Redmond is very much like a Japanese student on leave, All these people who have the half-breed blood Pre almond-shaped eyes, and = fe id, is not an exception to the | gen- “ar aaa ised Ingraham, Jr., was next examined, erat he wet Stokes | at the oes fm aa Be tt Dodge, 709 way, about eee er Jennaty ee and had some — conversation ith Stokes; he asked the latter to seccompany him up town, but Stokes said he could not do it, as he haa to meet a man or some men at corner of Amity street and Broadway. Ton minutes after he was wee going up gece and at bony place ha met open carriage coming down Broadway be bowed to him, but docs not know whether Fisk returned the bow or not. He was very truth- ful in his testimony, which completel jets the Brad de i Suaked wap iplngin Walt fo FE at the Gran entra re ‘was called and gave his testimony ied big fight was on the manner in ht e testimony was taken, Young stated That ‘his Auestions Were put Verbally but that oe questions to him were in. writing. Th ry that in the eee of tho teat ae Coroner Young put his verbally, but on a cant from tno Assi ear. Dastrict Attorney he some of his questions afterward. ‘The testi- ‘was Si; by the witnesses without being read over to them, and on this very a! aie ult & man’s .. Coroner Young that hackman who Carried, Stokes meet from the City Hail Park on that afternoon when Fisk ir shot, ve his the Coroner's is the mos ae Stokes, is sais ioe the memory of at the Coroner's inquest in an Wi truthiul, way. Where {3 the witness ice Carr, the hackman? Is he like Kichard King, who was never seen since he black- mi alidavit? The life of Carr ts now a value tistice Butler 12, good nathred looking satis, clean Tee ay nated Look the nd evitable oui Cae enti, was next sworn on ue qu tion Pad ith ie] el Ee the io Yond ne ur. je stat hat Beach, Pull Spen were who. lerton and there, aud Mr. Bach's stenographera, Mr. Tot lo the peopl the st cae orn ot Ries a a he lit 3 ie wi ent in Court, “Ay toeteta was was ike ee bead and they Des, Attorney object Me McKeon desired to show that Stokes did not desire to pie pineal, and tried to make an explanation, nem tesa oy ruled but Mr. him out, Mr, justice 00 is gaining reputation as the America, ‘all day fay long, when the pt ance Foauced fo save Stokes steadily, amanner which was re mat able for its calmness and judd! ensew? the AtONS Wore Talod ont. “It is fan Fo you, bnt dooth te me," std thei Meandesoant row i Nhs ‘ t Atl ce gd Jat and ed his arms, ‘Tomey,* said he te aim Ad ny sable, the. ei t eross-examiner, winked at him his. gory locks; all was of no ‘avail. ‘Buch & ten ip Souk, and tho climax Waa on ped when ie. bn Joho it rose beh, courageous arm against the levia- tgs le of as Garvin. ctators in the court looked and wondered, the fry Tle as if they would Iiketo go out in the (Peeay ait, nd the poor worn and Jady, Mrs. eo, seemed aa if she would drop and d@ Lia igo wore cited by Mr. Tremain, who, from his know! of law 88 to up and tell e dur when it always after this ‘Cane eee into the mn r case into a ko greutent be gu Sisaamrarne Temeunbeted asone greatest lawyers in the Rafus F. Andre: seared and testified rter to three on the es asked him about 'W. Cottrell, a lawyer, next testifi very careful manner that he saw Stokes at Tom man House, where he and prisoner hed rooms, at 8:20 o'clock been afternoon of ‘January 6 saw go to the telegraph office to tch to Bai near Branch Stokes asked him if he could go that afternoon Dy ba ran ‘boat and other ques- were ruled out as usual ree witness, ‘George answered eve: fe Just as if he was in the cable room of the ca ee ee ie not aye pe eras of the and they were and batty teu che treated men; hag = fae despatches in et peyton not PG, vee 2 aoe he was m ordered ed. were. conciuaite b but were uly rtlally ny amit inv evidence ; Dut he hey were re read to ihe Bt conclusion at the end of the tay on ‘the ma- jon ro re spectators wae that ea killed Fisk but premeditation was a thing inughed ‘at. And when the last witness, the boy Brennan, came pg ep en hagt tone his story how the boy Hart, who had peasy ie Xs ion in Se eee of wi be played me of euch him as strect il eusare orth boys there instant at conceuteatad attention on nthe part le; Brennan told that Hart ‘ela anit hat he was pet itokea’ life away, and that Sa ent poe to hehe and Bart a Sete in yu Kiser ulm paved aie: the boy's own ii that S ad heen a House bhai 34 ee ae perigee the institut testimony oy iu the eat tal sé tnings and did bid destroy the Kedm other lad,wasnext examined and saw Mr. Bailey before. And so the case goes on. It is, without ¥ xception the most dramatic triai that was ever known in America, with but two ex- Lm ciebhaay trigis of Aaron Burr and Mary Sur- YESTERDAY'S PROCEEDINGS. At half-past ten o’clock the case was called, and Mr. Justice Ingraham took his seat. The prisoner, his mother, father and sister, with his two brothers, seated themselves behind ‘Mr. Tremain, aud soon after Mr. McKeon and Mr. Townsend entered the Court, The court. was crowded to'excess, The tes- timony given was as follows :— The counsel for the defence offered in evidence and commenced to read the printed report of the testimony taken by Ooroner Young. Judge asked whether it wouldn't an- swer the eng to have it “taken as read,” but Mr. Tremain he certainly thought they were entitled to have wwe tt read. Judge Garvin said as this was only for contradic- tion of testimony aince given, it would be enough to read the Sey, ington but counsel in- sisted on Ge he miner, taken at the in- Feet of Dr. the boy Thomas ‘and others. Counsel eallod the names of several of their witnesses to ascertain if they were BR YOUNG ano requested to fake yi stand, and said that: he as Coroner, and conducted the inquest over the Body ~ ee ae Fisk; she a peewee bya the peo appeared at the inquest; a stenog- Feoher took ‘conn tho testimony; he could not say whether it was taken correctly OF ‘not, not Raving read it. Lawrence Carr, a ras examine before him. Mr. ain—Does the meet Attorney admit that he is now dead? The District Attorney made the required admission. BUTLER Hf. BIXBY was the next called—I am a Police Justice, and held Court at the Yorkville Police Court on the 6th of Jan last, ape bad a hearing be- fore me of a case @ person named ‘Mans. Held against Jam ee, Fisk. Jr. Mr. Beach appeared for Colonel Fisk; Colonel ‘Fellows was present for Snes eople witht Mr. McKeon; Stokes was a witness nsfield, the case being an action for libel; io first-hearing was on the §th of November, an oa tant any were had until the 6th of the parties went from the any effort hong to arrest Fisk when the complaint was made! Ex-Ju ‘Gurvin—1 object to Mr. McKeon—I want to show: that nothing vindic- tive was done by us in that sul Judge Ingralam ruled the question out as irrele- vant, To the District Pe) understood Mr. Mc- Keon was counsel for Mi eld. Francis W. bixb testited aT Mot Stokes on the Gth of January, after he left the Police Seis ne came to my | ice to find oat If eny action had taken by the Grand Jur; he to indict him, as it Le been jored that Fis! + an indicts against for blackmailli ngs 1d him the ma! cer had before the Grand eacialee mong Was dismissed. Q. Did the prisoner say you about fe ing anywhere Dusen? t "The Court said question was not admissible. ir, Tremain contended that ft was a connecting 1h ry to show that the prisoner had no murderous intention on that day or at that time, and was not ing in walt for Mr. Fisk. It wag asked to show that he was not prowling ek the Grand Cen- tral Hotel with evil intent, but was looking for & witness in a case before the Court of Ap; or the trotting world, to be held im Providence, to re- cover $5,000, He told this to Mr. Bixby, and coun- sel fel thou i should be allowed to. be ‘Prought out it the meeting of Fisk and Stokes was an’ secldont and not prenieditated with the view to take the life of the deceased. The common law regulated such matters, and said that evidence Fn Ag be put in to show the intentions of the “tr Ga Garvin supred. that tho rule had been re- cently reasserted by tho Court of Appeals that a party should not have the power to MANUFACTURE EVIDENCE for himself when sontempiating the comimnipaion of a cr’ Sup) the. prisoner, instead of saying to Mr. Bixby he was himself going to Provi- dence, had said that Fisk was going epdence, ‘would that vo evidence in his favor’? He mi have accumulated any amount of evidence in bi own Favor ¢ of that character, but it ought not to be allowed to An thet way aA man might pe & perfect defonce at all times and under any ces. Mr. Garvin then briefly AM tho the actions of Stokes on the afternoon of thg ki ing, ae apie pad ieee he ld throughout. premedk. TNE INDIGNATION, Nis aston. Mr. Tremain and expressed ishment that ine Distt Ati 'Y should feel that th Rte ag Bag fe, to enter upon an argues parte, distor Tr jured evidence that had been in on ees ahs oF the prosecution, a8 a reason why the defence shoul’ not meet it. The defgnce WOU show that the evi- dence of ton was false, rand that the Uttle scoundrel had lea when he said he saw the Pena Eo I id the e lor. The defence meant Set also that the conduct of those standing bonina the rosecution in. brip the witness stand This a to Pe yl fre se of the prisoner Pi on Garvin replied thaene’? Togretted exec exceedingly at Mr. Treitiain, formerly Attorney General’! iH this state, should nave thus. thus se again to the ty rosecution, ne (ir. seem ain) hd hn yod sel ¥en “te prosecution the tone ol ay A fp hoo Mansy, Mr, Tremain—Will the gentieman al allow me. to say thas I acter nae | the aurcct cpio torney 0 eres ory et ie by th tap rare) als ils Mong ean Br er of ge! 0 m | wtf tng 4 State Treasury or out ted ag goun- Cole, at Ak wv hat has the ‘ith it, Mi of iiidividual just as could come from an individual pocket, and for act ainst &@ man arvaigued for murder, Yet he 3 howl about my associates, who are aa hoagie ‘men as there are In the pro febsion, Wouid it is oe or duty Pine Attor- ney General nt toon to nuthorige them to 4 4 here? Would they be wiser men, or would ne S able tamose effectively prosecute this caset ROP AND STRONG: “0 thle oat the 10. made the statement to Tele be pred ton PA re the shooting, he say jected ti “The District horney contented that the ‘ques- tion was not then that @ prisoner compete at Darka |) could not manufactare evidence for himself, vor in nt about te counsel, when he his a with the money—b! Cance- What do these men mean by this kind of talk? lebeg ny Geb gee tpleg case ¢ I tell you in the ution of this man ett of the’ proseck navi he. is 6 a + psec nd up and aged eet pore Ww so to this jury without Rear Cea and wikia | By Sars to convict ve no bie oes my sktrts. fs it must be on e law and the ‘peeiboce, THE SION AND A RERUKE, The pansy Paar BO no doubt that the basa to give his declarations in regard to the res . But this declaration has no oumsection wita he rea gesta at_all. ries claration made pre- viously and which Pupat Ot creeps at, airy time. One other matter I wish to discusa. Lhave had this matter of other counsel presented in a for- mal way. I have decided it. Inow ask that ref- erence to it shall not be made to me again. It ie uunccessary, as it has boon, of, Mr. Tremaln then lone in several forms, but ¢! .F were all excluded. Q, At what time did you see Mr. Stokes-that —. A. About three o'clock; I 1x the time because I had some bankin business to attend to, and when I through ‘was three o’clock; Mr. Stokes called afted that, ing he tell you where he was going after he lel yor me BOW, The District Attorney ¢ objected. Mr. McKeon—1 inteud now to hold the District Flys 3 to his oMcial rcoponstiiies We are try- ing @ man for his life. T want to know if tt ts in te Sanbe to his duty, or to ane pONET behind him, that he excludes these quest ‘The men that hold you ee to the ies \n) the throat. ha Court—I will not permit such remarks to be made im Court. I have endeavored repeatedly to inekt it. I have st it on one side and I mast — its betng done on your side. & man tor his life. icKeon—Kecoliect, Your Honor, that we are ‘Court—That ts no apenas ‘why you should vio- late law and the rules of evidence. Mr. McKeon—The Dineaiee Attorney holds in his hands life and death. He has the power to try the case as if a man’s life is involved, or as a case in- welt the life of a jourt—' tity reate with the Distitot Attorney. It is no busincas of the defence or of the Court, RUFUS F, ANDREWS TESTIFIES. Rufas F. owe sworn:—Q. Do you know Mr. Stokes? A. Yes, sir. Q. Did you seo'bim on the 6th January last? A. Yes, sir, at my office, about a quarter to three in the afternoon. . Q. What did@he say about any indictment? A. He asked me if 1 val rete ‘an indictment had been Yound against hint yy the Grand Jury of the 4 and asp I replied that none had been, her’ ected he then asked if an inaict: Meat bad Mr. Garvin wOpjected, 6 Court sliowed the me if there was an indictment; whether he could not be begnans: from Providence on a requisition. ie Court—That is excinded, Did you advise him that he could feave town ? jected to, excluded and an exception taken by Q. Did he say that he in going to Providence to pete es vim about a bet? Objected to, disallowed and e: mis down for two o'clock that day; In sa ‘ull pee pect two, the parties not coming; then some gentlemen came and £ talked to them ‘avout fifteen aud saw sem on the outside of the office, OOTTERELLS EVIDENCE. ~~» George wee Cotterell sworn :— uestion to ag answered, Mr, Andrews continued—He hat was his further answer to your remarks ? the defence, Q low do you fix the time ? rig rie reference tninutes, and, at the-end of that time, Stokes came Stokes? «A. Yes, sir. . Do you know Mr, . Where were you livingon the 6th Janu rt A. I was livi the Hoffman House; I hi pod him there repeal but I didn't xoy that he was li there; on the isftarpone of the homi- cide in qi ion I eaw Stokes at the ioeede at about fifteen or twenty minutes: Q. Do ive reoutlags lug being near the 1¢ telegraph Fe. Yes, aii Wwiat occurred? AT ponsed into the hotel at fifteen minutes past three, Stokes was standing at the counter at the om office; he made some allusion to Eatontown—— Mr. Garvin—I object to the conversation. . ae Court—I tnink the conversation is objection- al Q What did he do? A. Isaw Mr. Stokes pags to the yererae office and pick up a blank shect of After that, [left. : Tierore he went to the oMee, was any question pu to you about the boat to Long Branch. A. Yes, ir. Q. Was there any question put a men about the town of Eatontown and Eatonville? A. There was nestion; I told him it was Raiontown, Q. Did you answer him the time the Long Branch boat left? A. A person in the ofice did; 1 Faia not. Q. Do you recollect his asking you how he could reach Eatontown ? Mr. Garvin—I object. The other side know I have objected to these questions, and they will pornos ta: puting them, although we Court rules them out. ‘The Court—The question is excluded. The questions “whether witness told Stokes that there was a telegraph office at Eatontown,” and “whether there was & racecourse near there," were also excinded, the ruling of the Court being In each cage excepted to, THE TELEGRAPH CLERK, George W. Roberts sworn—I am a clerk in the Western Union a a Company; my futher has charge of the original telegrams that pass over the line; Ihave with me the tclograms that passed on the 6th of January last, Q. Will you produce them ? A, The rules of our company forbid me showing messages, and! shall nave to refuse until I aur ordered to produce them by the Court. The Conrt—You will have to produce them, The witness then handed three papers to Mr. “McKeon, and the examination was proceeded with. Q. Look at this message and say what it is and read it. A, Itis an office message from Eatontown, ian +. Garvin—I object; it is wholly immaterial, Your lonor, The Vourt—I think this evidence is WHOLLY INADMISSIBLE. Mr. McKeon—Cannot a man on trial for his life show what he was about the day of the homicide? ‘The Court—You can enter an exception. Mr. McKeon—I except, then, Your Honor. au sere p papers were successively handed to the witnes: ray same questions ‘peng put, they were al yy the Court—the prosecution havin thelt akooptiona noted. The second r was the original telegraph message sent by Stokes from the Hoitfman House, and the ‘a was the = oat Nay Cory » of rt sent from tie. Hi Hogans House to ice, 145 Broadway, for transmission to Exton town. Q. To whom was that telegram addressed? Objected to; excluded and excepied to. ‘The Court then adjourned for recess. After Recess. ANTE-MORTEM EXAMINATION OF LAWRENCE CARR PUT IN BVE At the opening of the afternoon scsnion counsel read the testimony of Lawrence Garr, the river of the coupe hired by Foxes on the evening of the 6th of January, the of the shooting. Carr ts since ut dejendant’s counsel, a8 @ precau- tionary measure, had hia examination. before a notary public taken and sworn to before his death, and yesterday it was road and put in evidence. It was substantially as follows:—Catr “drove tho risoner oD the a jeld's and back to t time there was no stopping, three o’ e Hoitman House, daring which had no communication wit! one; Stokes told him to, stop. at the corner. 6 ‘ourth street, Central, but ba he wanted to call at the Gran he got out he walked up tue strect In an A ite direction; there was no carriage ahead of em and the prisoner did not give him any par- ticular direction a8 to speed on route, and did not, seem to be in any red hi bh hurry; Mr, Stokes had ed Pinoy him before; he looked as if “put TUETTMONe OF oF Peek M'LAUGHLIN, Samucl McLaughiin for the defence was called and testified. mwas.at the Hoffman | House between three and four P. M. on the day of this occurrence; I saw Stokes there at twenty-iour minutes of four; I knew of thiv sporting appeal and had been he! hai: Thad been with, the tn to see Mr. Shaw, Mr, omer inaye fae tone mothers, gi Dia adr soul Rae he could fladthem? A. I told him he Lai bi tinct aud Mr, Pony ot at thee corner of ane en Browdway ; I hh been with him ms riday, Toning for witnesses; ‘t won Cy as, Hoffman House, and he was standing by the telegraph; saw him there two or three minutes: ite etre up to me, and he said he had err nezanhied sop tisk ks mca faa to Doty to come on on Monday? < ’ onthe Tine. ¢ it to anor th the ar mn LJ Li) th} ere’ Was a bet and that this witness knew the persons who were pe eee of the ser soulara of that bet, and knew the partics who could the informa- tion; that witness told him 2 would find the par- ties on the. corner of Broadway aud Amity street; and we intend to follow that up by showing tie Figen Was going there for the purpose of seeing ‘hose a bari lon was sustainod. at conversation had you with Stokes upon occasion. Objected to ret excluded. ——. Did he telegraph to Doty that Friday to meet Providence—or dit he tell you he was going to “040? A. Yes. ith t did he tell you? Objected to and ex- | cluded Q How long did you know Stokes? A, Eight or earn, ten Qe Ded yon ever hear him say an: jzthing with re- shoot him oy Cy to lis fearing that Fisk woul hat he was in danger of Nis life from him, Object- ed to, Defendant's counsel in answer to a verice from the heard seid—the question was pul on the issuc OF MMsiRITY, { wled that no spaese of the shootmmg to Mrs. Mans- ! we the prisoner | that case it would only be sufficient for any man designing the murder of another to go around and mauulact defence for himself betorehand saying that bo wa in Ganger ef ids te from tus man or that to yustity him in : committing murder, r. Tremain contended that they had a right to rove whatever was a as the the pr jsoner before the homicide, ‘at the ‘hor iter the homicide, desire to cum what ‘were the Gacteretionn, of the prisoner on this point—that he was pursued fe he Hd , that he phere aod med men and ruMians after The Conres-No evidence has been adduced to war- rant any inquiry on this joint at this moment, Whenever it nt? raised I will give is: permisston to open the question. At present ho foundation has been Jaid for the question. Q te et the fact. that men HIN PURSUIT OF HIM? % Mr. ‘roma vthe Fisk drew a Pistol rs tl Chgs that the prisoner feared for Ural life, and so feared on account of the pursuit of him by men employed by th: Mr. Garvin quoteu Lamb's case to show that this evidence ‘aust be excluded; that threats on the part of the deceased were no defence; they must oer ia by proving the attempt fo avi on the Mr. Tremain, } anoting the, law of FIABLE HOMICTDR, clatmed that under tt a man might act on appear. ances, The first quetnon was then a reasonable Spprenensian | on the part of the prisomer, and, sec- = apparent IMMINENT D. ANGER, estion went to the motive of the prisoner, as toe ether it was seli-defence or malice. He did ‘ot suppose they were bound to follow the —s = mony prescribed by the District Attorney. preferred the historic order, The’ B aed i Show that he was followed by ramiant ooking men, who, the prisoner said, were employed by Fisk, and asked this witness, who saw the men, to ss. bai a res, expressing his fears at the reposed to show that Mr, $ ed to follow this up by proof Hr ents on nit, Fisk's art towards the yuomer, of which the prisoner had knowled; f Fisk's vin- dictivences and desperate charac’ AQ He cited various cases in support of the right to introduce such evidence, and Reavenctod thar in Lamb's case the evidence was rejected lpd'g because It was Dot shown or offered to be shown that the prisoner knew the facts. Reasonable fear removed the pre- sumption of malice, and the character ot the de- ceased was a strong element in determining whether the fear was reasonable. This was but one link in the chain of evidence they proposed to give. They proposed to show that the deceased had ORGANIZED FELONIOUS ATTACKS on others and had threatened to do the same. He offered to show that Stokes said to this witness that he was ia laf pene s Coren id Mr, Tremain, ry firiner su pore. of his views on the question, said:—Yonr Honor, the defence pro- poses to show that the deceased DREW A PISToD BPG. BPS pelea before the prisoner fired at him im the hotel, to follow it up by proof that the pris- oner betleved that his Itfe was In danger, aud that the fact of his being pursued by ruftlanty eed 4 ns Was known to the prisoner as well as others. We begin by showing actual danger asa an actual attempt at the time the transaction took sane, 509 after that we will put in the evidence we The Court ruled that, the first Ait of the question ‘was admissible—the rest not; but what im reality the Court ruled admissible and what inadmissible did not clearly appear. ‘The wituess was told to stand aside for the pres- ent, TESTIMONY OF D. P. INGRATIAM, JR. D. P. Ingraham, Jr., was called and testifiea— have known Mr, Stokes since he was arrested for em- bezzlement, some two years ago; I met him on the 6th of January, at Chainberlain & Dodge's, about four o’clock; I was standing there and turned round and saw the prisoner talking with a ntleman,a stranger to me; le came across and shook hands; Lasked him to go Up town with me; he said he could not, he had cf 0 down to Amity street to fee & man; I have an indistinct remembrance that he said it was about Leer horse business; I came out and walked up Broadway; I saw Mr. Fisk come down in bis car- ‘rage about opposite Astor place; that is two or three blocks further up; 1 think three long blocks; I should think it wouid take ine two or three minutes to.walk up Heros 1 was walking slowly; the street Cf ‘Was pretty crowd TEST! OF JAMES BRENNAN. James Brennan was sworn and testifled—I have been in the House of Refuge; I was brought down uate ot March a8 a Witness to the House of Dee mtion. ). When were Fe brought to the Tombs? . Fullerton—J object. Mr. McKeou—I object to the private counsel fh- terfering. The Court checked. Mr, McKeon, ay lng that the question of private counsel ha: en already de- cided, and he did not want to hear any further ob- jections on that point. Witness—I have been at the Tombs since; 1 was in the room with Thomas Hart; I had conversations with him abont the case. Q. Did Hart tell you he knew nothing about the matter; that he was in another part of the house when the firing took place? A. Yes, slr, about six weeks after I went there; he said that be saw Stokes going along, aud ran after him AND HAD HIM ARRESTED, and that was all that he knew abont It; he sald a man told him he would give lim a thousand dollars if he swore as he did, and when I said he might get into the State rage he said he had the biggest people in the city at his back and if Tdidn’t say anything he would ad: me out when he got out; 1 saw people call on Hart and Redmond; one man was there twice right after one another; he came alone; fava of bim as Crokey or Crockett; T played car art. ‘To the District Attomney—T was. learning stone- cutting when L was sent to the House of Refnge for stealing a watch in Apollo’ Hall on the 23d of No- vember, 4 bid you pick a man’s pocket previonsly ? A. Yes, sir; the man was asleep; I had stolen about four years before; I had been in the Flouse of Refuge flye or six weeks; I remained at the House of Detention nine weeks, when Lwas sent to the Tombs; I was on friendly terms with those boys in the House of Detention. Redirect eeenation by Mr. McKeon—t was ex- amined by the District Attorney before the Grand Jury in the case of Justus Donn; vias appointed a imouutor in the House of Detent: for good con- duct; when I frst came to the house Hart toid me that he was near stokes when he fited’ the shots ; 1 asked hilt why he did not throw bim down stairs, and ne-said he was sorry he did not, as Fisk wonld give him plenty of money for saving his life; five or six months afterward he tofd mc aaa wis after putting some ylobes in @ room, and saw: Stokes coming after hearing the shots fired, and followed him, sdeing 10 one else aronnd. ‘The witness, on cross and redirect examinatjon, oft repeated, Went over the same testimony,: ad- hering pretty faithfally in bis repetition of ali that Hart had frst told him of the shooting; of the ap- pearance of Stokew at the head of the stairs, and of Fisk leaning on the rail on the stairs below; of his pursnit. of Stokes and his capture, and of his (Hart's) eubsequent statement that all he stated WAS A LIB, and that he had frienus to. Dalek Tint in it. John T. Redmond was recalled, when Judge In- graham asked counsel for the defence if he would de bound by his testimony, being called as thelr own witness, Under this view of the case they did not exainine bim as to yreumrl meqoeay ‘endenvored to bribe him to testify wrot ey The Court then Rauontned ti this morning at half-past ten o'clock. THE COURTS. Sehgal UNITED STATES COMMISSIONERS * COURT. More Counterfelt Money. Jon Williams was hekl in $500 bail by Commis- siouer Stilwell yesterday, charged with attempting | to pass a fifty eent counterfeit stamp upoa Bernard Callaghan, at 114 Roosevelt street. examina- tion wag set down for Bot Monday. SUPRENE COU COURT —IRCUIT. Deciston. By Eek Van Brnit. Bartlett vs, Linsiey,—Judguout for defendant, Decisions, By Judge Robtinsun. O'Gorman vs. Koormach et al.—Order settle Thonle va. Ritter, executor.—Motion gr with #18 costs in each ease. Kicheler vs. Lorme,—Same, A young gentleman, named Titus, aged twenty years, a member of one of the oldest and most tn- fluential families of this city, @ relative of the late ex-Mayor Havemeyer, Who resiled at his father's country seat at Whitestone, L. 1, was bitten on the hand some ten days since by his set- ter dog. The bite seemed to be onty the result of a passing irritation on the part of the animgl, which neither before nor since gave any signs of rabies, The wound was promptly cauter. ized, and healed quickly and. laren On the evening of the 2d instant young Mr. Titus, while in the act of dripking a glass of water, was seized with spasm, and after forty. | gers, and asserts that on hearing of the disaster, he Thy | ) An Examination Before Presi- dent Fox. Conductor Lynoh, of the Rockaway Expras, Ex- onerated—Rathburn, of the Outgoing Train, Admits His Negligence—How Con- ductors Make Up: Lost Time—Some Facts for Travellers to Read, Two Victims Already Dead and Others Dangerously Hurt. The Hany of yesterday contained all the main facts relating to the collision that oceurred at Hebbard’s station, one and @ half miles beyond Buehwick avenne, on the South Side Railroad of Long Island, at twenty minutes past five o’clock, on the 4th of July; but the lateness of the hour at which the accident occurred, and the confusion Sending he removal and CARING FOR THE MAIMED, prevented its reporters from obtaining all the de- tails caleulated to fix the responsibility where it properly belongs. Yesterday a reporter called at the oMce of the company In search of further details and met Prest, dent Fox and Superintendent Douglas, They in- formed him that the conductors, flremen and en- gineers of the colliding trains had just been sum- moned to the President’s room to be catechised, and ifhe would remain a few moments he could hear THEIR. SENTIMENTS. Five minutes Inter the men entered the room, The first person questioned was Conductor Lynch, of the Rockaway express, bound for Williamsburgh, He stated, in substance, tliat he arrived at the point where the collision occurred at 4:05 P, M., on time, [This ts the point where the double track termt- Rates, and from that point to Bushwick avenue trains are ran on a single track.), During his run to that point, nothing occurred, and although he had a train of slx cars, with about three hundred passen- gers, he was on exact time up to that point, and the cars and men were in good condition. In answer to a question pnt by President Fox, he stated that he had never drank a drop of liquor in hia life, nor use tobacco; that none of tho employés of the train were under the influence of Nquor, and that every man was at his post, After waiting the four minutes provided by the rules for the outgoing train from Williams- burg (Conductor Rathburn), he left the double track for the single one, knowing that he had the right to the road for twenty-four minutes to go on to Bushwick. He remarked to the engineer, “We now have the right to the road for twenty-four minutes, that will bring us to Bushwich in twenty- one minutes.” Immediately after starting there Was 4 whistle in advance, and, looking out, he stopped the train, * SENT A FLAGMAN DOWN TO SIGNAL ~ Rathburn’s train, and ran down himself, shaking a paper, to stop the outgoing train. While signalling Rathburn’s train the employés of the road en- deavored to work the Rockaway express back up the steep grade to the double track. This was un- successful, and immediately after the trains ‘col- lided, At the time his train was stationary. None of the passengers within the cars were wounded, while nearly all who rushed ,out on the platforms, separating the first and second passenger coaches, were more or less injured in trying to get of. The seats were all occupied, but there was room in the aisles to accommodate the balance with standing Toom, and oo ed ‘was no occasion for the platform to be occu} Engineer G00 , Of Lynch’s train, confirmed his conductor's story; said that he compared watches with him and he was correct as to time ai. clr- cumstances, He had ran on the road four years, and during that time had never known of ANY LOSS OF LIFE TO PASSENGERS. Here Lynch was asked what he did for the sengers, and he replied that he and his men had ren ered the injured all the assistance in their wer; he examined each one personally, and the agage master went around with a pa i of water and a sponge and applied them to the wounds. Conductor Rathburn, in his statement, admits that the accident was the RESULT OF HIS DISOBEDIENCE OF THE RULES. He stated that after boogie § on at Bushwick he looked at his watch and discovered that he was nine minutes late. He looked at the time table and he saw that both trains were due at Fresh Pond at ten minutes past five. He thought it would take both trains about the same time to reach Heb- bard's, and started on. After getting near the point where the collision occurred he looked ont and thought he saw the Rockaway train on the switch or side track. He then looked ont the other side of the car, and could { not see anything. Immediately after he saw the danger flag, and pulled the bell rope. The coliiston followed, and he vs himseif landed in the ditch, injured in the side, He and Lynch at ance com: pared watches, and {¢ was then twenty minutes aster five. In answer to Mr. Dougias’ question why, Knowing that he was BEHIND TIME IN STARTING, and was not aliowed to consume the four minutes allowed for variations, he bad gone. ov, Katnburn | said he thought it would take the traim from Kock- away the same time to reach Hibbard’s as for him E go there, and then he would have four minutes to spare. “Do you not know that you had no right bd use the four minutes? asked Mr. Douglas. Rathburn bs pin “I had no right to use the four \ minutes, but I knew Lynch would stop for me, 1 left Bushwick at twelve minutes past five, THAD 'NO RIGHT OF WAY, but I thonght I could make it.”* Mr. DOvGLAS—Is it usual to run trains in the four minutes aliowed for variations of watches ? | Conductor RaTHBCRN—It 1s not; Dut we did use it. | Mr. Dovotas—You understood from the rules it ‘was not to be used ? | RaTuBURN—I thought I could run it in. Mr. Fox—Hlad- yon been drinking t RATHHURN- took a giass of Wine at Islip early inthe day. ‘That was all £ took before the collimon, Engineer Scott next stated that when leaving Bushwick Rathburn pulled out his watch, and by it it was eleven anda half minutes after five; by Scott's waton it was twelve minutes aiter five: he ) knew the other train was due in five minutes at Bushwrek, and they went 6n. Mr, Dovatass—Did Rathburn not say to you “GIVE HER ALG SHE CAN DO,"? or words to that effcot 7 ie dit not. Mr, Dovctass—Mr. Fox, I want to get at the facts, and i have learned that such a remark was mace. Scott stated that when he saw the danger flag he was about nine etn feet from the Rockaway Xpress,’ but Mr. Do’ ured the | a and tis 1, cott could | ly bake stopped the train-on oe foot-to- giade. Scott durther said that he was TUNNING? ASOUT TWFENTYWO MILES PER HOU R, and that he reverse hie engine before jumping, and only drank toree lagers that day, ‘This is the substance of the statements made by the employ’s. Stiperintendent Douglas exnonor- ates Condrictor Lynch and puts the Se aeemeyg | } Upon Rathburn and his cogineer, who, he says, lei! Bushwick about fourtcen minutes late, or at seven- teen minutes past tive, Ue was tn his office at the ferry When the Bushwick telegraph operator in- formed him that Rathburn had proceeded on; but before he coald get a despatch to Lynch the col- lision occurred, Satisfied, from his own statements, that RATHBCRN 19 RESPONSIBLE for tho accident, by which, at the yisee nt writing, Mrs, Rowe and her son, who died yesterday, lost theft lives, and Six others, whose names appeared in yesterday's HFRALD, Were injured, the Superin- teudent hag put Rathvurn aud Scoct uuder surveil+ lance of @ eb un the Coroner's jury passes my Tue Superintendent reports the injury “the — ralit stock to be ¢: None of the trucks Jeit the rails except thode of the éngine. Mo tost positively denies, the statement made Wk some of the papers that proper attention was not m the passen- @t once proceeded to Hibbard’s with all the cars ils side of there, and run all they wontd accommo- date into the city. The other® were brought in in street cars, and by fifteen minutes to nine P.M. the Bethea "peen completely removed for the run. | ‘The Cuperatendaas and President espectally re: ad to baa e Foporter Ww not misrepresent the road, PON. CONDUCTOR RATHBURN | as ssibie; "bat ir the [Sado he yesterday made to Pre it Fox, Superintendent Douglas, and Mr. Jonesi ec presence of the HERALD report- er, Who thera In shorthand. be true, the death of Mrs. Rowe aud her som is owing tw Lis disregard of the PRINTED RCT bs 9 hours of agony died yeaterday mora. ing. Every means that serence could erent love and Weaith supply were age: in vain, ‘nis melancholy case would hardly seem to justify Mr. Bergh in Ms proposal to turn all the dogs in the country wamuzzied upon humanity. The best muzzle for dogs in this weather ts a bullettrom a Coit revolver, Let the di dic; the life of one man {s werth the lives of all the dogs iu New York which are as follows, aud which ke professes to be familiar with — , : 4 bound passenger trains will have. rig)it i time, as itt con py mf hie wer choy mil deg ra bow dooce pu aster aie twerlty- t Bound trains Wilk proceed as Fyarit. ae Ee ee if tne petrard bg hounct train, Ray, that showid Rech. nust Hot leave the penmioas ot doulie "four munutes beliind tele Biue tale = WOU twenty. unless hey | ceased to be a virtue, and she left hin | time be married his wile he lestward bound trains, on. reachin Bard's station, and aot having pamed eastward. bound trains on double track, as called for by tine table, shall proceed aftag havi waited four «mines (this pe Denn : diame ioe mein of wnteig an sac cata Ward bound t arsiyed et are ts “four min- Ward boun rains have arciy wenty-| 6. It must be particularly borné In mind by conductors and shginemen of eastward bound trains that in case of waiting the arrival or west hound trains the time of Waiting shalt in no event be made up until the gibordi, pale train B pave! | N west wat im ationipe to reach # stadon ler meet ex; eastward bound’ trains ‘alter thee hecome, subortinats thereto, unless they Lave ainple (ime to reach such. sta er ininates atiead of the train having the right of ae Conductor Rathburn ¢ THR ONLY ExccsE a offer in oxtenuadlon ot hie offefiee in eaters the rules is, that a special time table for gh ng of trains on the Fourth was printed nei Sitstr buted, and thathe had not had time to make himself #uMicientiy familiar with The Williemsburg Victims. « The son of Mr. Nelson Row (not Roe, as pre+ viously published), died yesterday morning, at seven o'clock, at the residence of a friend of tho family, mn Devoe street. Tne nOport of the death of his mother, wh ise feet are terribly crushed, is un- founded, but she was sinkt rapidly last evening ana waa not expected to outlive the night. Mr. Darius Witiamson, of 77 South First street, was in afeveriah condition last evening, the toce of his i Nd foot being mashed. The surgeons at- tending him refused to ampatate in his low con- dition, His daughter, Mise Clementina W liliamson,! a delicate girl of eleven years, whose right foot wat are Was not in @ condition to submit to am< putation, Mr. Wilson and the other Williamsburg victima are reported as doing well. Coroner Whiteht!, “ot Kings connty, was notified to hold an uaa in the — of young Row, and ho will empanne ry to-da: A MUSICIAN'S MATRIMONIAL EXPERIENCES Interesting Proceedings in a Habeas Corpus Casq Before Judge Gilbert, of the Supreme Court-~ Suit to Recover Possession of a Child— What a Wife Says of Her Husband, What a Father-in-Law Says of His Son-in-Law and ‘What the Son-in-Law Says of Both. Hearings in habeas corpus cases involving the custodianship of children where ‘parents are es tranged are of frequent occurrence in our State courts, but they are mainly of commonplace charag- ter and lacking the environment of facts and social position imparting to them any apecial degree of public interest. An exceptional case, however, has been brought to the judicial notice of Juuga Gilbert, of the Supreme Court, and upon the testi- mony presented, in aMdavits and orally, which wag concluded yesterday, and which, by the way, wag of strikingly contradictory eharacter, the Judge “yf now called to pass judgment. The PARTIES To THE SUIT are John N. Pattisom and Adelaide Pattison, nde Mangam. They were marrted in this city Octobor 21, 1869, and had two children, the younger of whom, tl boy, only six months old, dled a few days ago, Their other child, Joseph Nelson Pattison, is tw years old, and is at present with his mother, wh desires to retain the care of him, while the fatheria equally anxions for its custody, It ts to settle thiq counter parental claim that the Court has becn in: voked as arbiter. Application on behalf of the fathex, for a writ of habeas corpus wa; the preliminary legal step, of course, and It will bo understood; withont; the necessity of extended explanation at present, but which will bo fally explained hereafter, iat the parties are now living apart, the separation, however, being recent anddating back only to the 14th of last month. As always in sach cases; thera are two sides to the story, and a painful one It 1. on both sides, and one of the greatest misfortune: connected with it 18, perhaps, the yao given to it through public examination in ope Court, We have mentioned the date of the mar+ riage of Mr. Pattison with Miss Mangam. Con; nected with this marriage there was what niepy might deci a SPICE OF ROMANCE, ® romance the faelle pen of the skilled novelist might elaborate into oa highly sensational novel of the modern school, provided, of course, he would stop, as most novelists do, at the marriage. We shall make it short. A few years ago Mr. Darius R. Mangam was a prosperous dry goods merchant. From buying and selling dry goods he passea ta buying and selling stocks im Wail street. A mar of great shrewdness of character, combined wittt boldneas of nature, he was eminently successful,’ He took @ house in Fifth avenue and lived in a style beiltting his wealth. | 4 tribute to his execu- tive abilities and integrity was his selection ag President of the wat ont = Trust Company, position of large financlal responsibility, which he. still holds, While Mr. Mungam was thus sirnggling his way to wealtlr and position and power Mr. Patifson was a strag- gling musical teacher, He was wedded to his art— an enthusiast. He composed music as well taughtit, The soul of music in him took a higher’ fight than the drudgery, of instruction. Many of his compositions are well known, and unlike many composers, his. copyrights net him @ good income. But at the time of whch we write he was mainly known as a teacher of music, particularly on the plano and orgin, both of which instruments he then ia played an ap stilt plays with consummate skrll. Man- Ling engaged Mr. Pattisou to teat the isk to is daughter Adelaide, a young lady of rare per- sonal beauty and accomplishments. Mr. Pattixom was about filteen years older than his fair A To make the story short, he became enamonred of his young pupil and she of him, and they married. There Appears to have been no objections on her parents’ side, but wiseacres shook their heads and said ne good would come of it, and busily tustnu- ated that he married her for her money. What he says himself upon this point we shalt come to pretty soou, When we. tell his stor: particularly, Meantime we, will first recite her story of ihe ESTRANGEMENT AND SEPARATION. Her amidavit sets forth three grave charges, first, drunkenness; second, eating her opprobioud names, and third, failing to Supply her with the necessaries of life. There are ailed specifica- tions under each of these charges, as coming home drunk on some occasions, as being brought home | drunk in a carriage on other occasions, when in & | too far gone condition to help himself; as repeat- edly hurling epithets at her only to be heard tn the worst perieas of the city and as srequentiy leaving, her and her children wholly unproyided for. She remonstrated, but without effect. She suffered patiently, but it did no good, Patience at length taking her, childven with her, and sceking refuge at her, father’s house, This step, as already stated, being taken on the 1th of itst’ month, She was'exem- ined and cross-examined at great lengthy bat did not abate a jot or a Ullie from her original gharges, as embodied In her aftds MMS, PAPTISON’S WITNESSES Were Rumerous. Among them were two clerks who had bev in her lusband’s employ. 1 charged him with drunkenness, but cotta not give dates, An runt heard him talking angrily in their room on their return from their wedding tour, end jumped to the conclusion that he was abusing and scolding her, but could not hear what was said. She let him in the onee drunk—or at least she thonght he was. Abrother of Mrs, Pattison started. out with avoeping charges of drupkenne: Dut on his cross-examination could give no pla nordates. Mr. Mangam was the chtef witness agai his son-in-law. He said he gave hid $10,000 bo set pinup up ta business after his patriage, the busin belng that of ming a and letting pianos, and place usiness im ae ms Chrtstiant ‘aanociation naan ‘Twenty-third street. He accused Myr, attivon of neglecting the Dusiness and finally took possession of the placa and enects through the Sheri, This money wos spent ands congiderable amount of money he had allowed since. Ho charged Mr. Pattison with providing roopis for his wife In a twopenny tene- ment honse, He bad not seen Mr, Pattison arank, bet had seen him under the induence of liquor, His testimony, was very lengthy, @ the ce on his danghter’s side. tHe was wilttig to take care of his daughter aud her son, MR, PATTISON'S SHOWN, He denied. point blank all the charges preferred against hin by his wife. Mis Income at the Ve as “berween $3,000 and $10,000 @ year, » I changed Mr. Mangam with having cheste spin cas of more money than he ever received from him. At present he was giving from five to ten music lessons a day, at $5 a lesson. He had —— engagements beside, and had been paid $1,200 a mouth by Mr. Weber. He charged his wife with striking hint once and on two oceasions being drunk. He was able to pay all his — and willing and able te provide for the gup- port of is chud. At the end o( lus testimony THR ae AMINATION CLOSED Who testified to his ten: qral sobriety, amfabitity iit of temper, foudness for nis cnnaiten, snd always having provided thom and his ‘ie & good home, At half-past five o'clock on Thursday ittetfoon am inmate of the Lunatic Asyinm, Blackwell's Tetand, was heat ffom the fnstitution, and wag subse {oent! ned on the rocks near the sen wall © fouee lerrman was nothiie? to hod aa toqucst yver the romalia mor