The New York Herald Newspaper, July 10, 1872, Page 4

| _ 4 STOKES. Belliggrent Counsel Bury the Hatchet and Smoke the Pipe of Peace. Depositions Taken by the Two Com- missions Excluded. Medical Testimony for the Defence. The Oause of Fisk’s Death a Pro- fessional Enigma. Who Will Decide when Doctors Dis- ' agree?---The Jury. A NEW PHASE OF THE DEFENCE. Stokes, Senior, on the Stand---Par- tial Hereditary Insanity. The Case Drawing to a Close. SIXTEENTH DAY OF THE TRIAL. After the terrific combats of the day previous (yesterday) the sixteenth of the trialof Edward 8. Stokes for tho killing of James Fisk, jr., was com- Parative quiet. Aspasia Mansfield and Lois Williams were not in Court, but the vicinity of the Seats which they had occupied was filled by a large assemblage of women of all ages and of all grades of homeliness. It was a question at the beginning of the trial which no one could decide as to what the purpose of these ladies was in demanding admis- sion to the Court. But for the past two or three days there could be no mistake as to the reason. ‘Those ladies, it seems from the remarks that they make quite audibly when they have seated them- selves and, first get a look at Stokes, simply come to Court to get a long look at a prisoner who is con- sidered to be a handsome man. This cgnsidera- tion, with that portion of the gentle sex which has no particular household cares, overrules every other consideration, and at stated intervals they are heard to say, ‘‘Isn’t he good looking?’ “Poor fel- low!" and “Is that his mother?”” Mr. Stokes, an uncle of the prisoner, came into Court yesterday at recess, and as he is quite good looking and is reputed to be a wealthy millionnaire he was observed very much. Besides the uncle there was quite a levee of the friends of the pria- oner and his family, all of whom seemed to be peo- plo of the better class, by their appearance. Miss Stokes, dressed nearly in black silk, her father and mother, were also in Court, and sat near their kinsman. The Court was crowded to excess, and the Judge, who seems worn out by the trial, had to order almost constant combats at the doors to be stopped, owing to the fact that nothing of the testimony could be heard during thege scenes, Mr. Tremain and Mr. McKeon, with their associates, Messrs, Townsend and Dailey, . were early on hand, and the first one to speak was the eagie-beaked Tremain, who rose and in a few neat sentences made an apology to Mr. Beach, disclaiming any al- lusions offensive to or reflective on his old assoctate {n connecton with some strong passages that had occurred the day previous between the two lawyers. The first witness called by the defence was ex- Judge Davies, formerly of the Court of Ap- peals, a vencrable-looking and judicial-looking personage, who testified that he had been appointed a receiver in one of the innu- merable Erie suits and had gone to the Erie Railway building, in company with Mr. D. B. Eaton, of sandbag memory. Judge Ingraham wanted to know what the defence wished to prove. Mr. McKeon rose, and said that he desired to show that Judge Davies, when he went there, was threatened by Fisk, and that a number Of ruffians in the pay of Fisk would have used violence against the witness but for the fact that Judge Join K. Porter, Fisk’s own counsel, protested against Fisk’s brutality and declared that he would not act as counsel for Fisk any longer if Judge Davies was molested. Judge In- graham ruled the testimony out. The next witness was William 1. Drummond, who testified that he left the Worth House, at which place Stokes and bis family lived in the winters of 1870 and 1871; and that the prisoner had called the attention of the witness to the fact that men were watching and eet § him wile there, Judge Ingraham desired to know whiy the questions were asked, and again Mr. McKeon rose and said that he would prove by the witness that he was watched and pursued to such an extent that he was asked to leave the house of the witness. Judge Ingraham excluded this testimony also, Then Mr. McKeon returned to the charge again, and called upon the Clerk of the Court to produce the swogn affidavit of Mr. Amasa J, Sprague, of Rhode Island, who is the President of the Board of Appeals of the National Trotting Association, and owner of the race grounds known as Narragansett Park. Mr. McKeon stated to the Judge that his ob- ject was to show that Stokes had arranged to go, and had to be present at Providence in yard toa bet, in which $5,000 were involved, on January. Judge Ingraham was about to exclude this testi- mony, when Mr. Tremain a he and allowed that gentleman time to look up his authorities. Mr. McKeon again spoke. le offered a long roll of paper, the testimony taken by a commissioner sent to Europe to examine the well-known lawyer, Mr. . B. Eaton, of this city. He wished to show that Mr. Eaton's house was watched by ruffans and _ bullies of Fisk until the proper time came, when Mr. Eaton was attacked and beaten with sand bags until his life was despaired of, and was unable to move trom his house for three months, Dr. Tripler and Dr. Fisher were then called, but Were nowhere to be found. WAS FISK POISONED ? The next witness examined was the well-known surgeon and physician, Dr. John M. Carnochan, who testified that he had been in practice since 1860, and have held the positions of Btate Surgeon of Now York and Professor of Surgery to the New York College of Medicine; have been supmnaed by the prosecution ; was called by a sergeant of police to attend Fisk on the night of January 6 from Staten Island; the witness understood that Jay Gould and William M. Tweed had sent for him; he | saw Fisk about ten o'clock that night, and heard his stertorons or apoplectic breathing, and that it would take @ narcotic poison of some kind such as orphine or opium to account for this sort of reathing. Mr. Townsend examined the witness at at length and produced from him the statement Fiat he believed hat Fisk’s wound was not abso- lutely mortal, and that he would not give to a | he 9th of | of the case, and | p.! apprehend any further man Fisk’s then condition more than one of morphia, and that he would give in two doses of half a grain ata time. It will be re- | membered that Dr. six grains of morphia. Dr. Carnochan reflected very severely on the treatment and judgment of Dr. Sayre in his testimony. Mr. Fullerton cross-ex- amined the witness in his turn for along while with @ like result, and to court for nearly an hoar, Dr, Abraham Jacobi, a transcendental and pro- found-looking Gerinan physician, was then placed on the stand, and stated that the post-mortem ex- amination was entirely insuiictent to base any certainties upon, but it as his opinion that Fisk mi recovered from his wounds, and t he did not die from the shock, as far as his judgment went conceraee. There was considerable sparring be- tween Fullerton and this physician, but he seemed to know what he was talking about, and denied gave have that he had received a fee from the defence for | acting as a medical expert. The next witness was the celebrated physician, ipler gave Fisk no less than | the merriment of all in | Professor Benjamin W. McCready, who has been in practice for thirty-six years, and | drugs is supposed to know more about and te effect of drugs than any man in New York. It was this gentleman who has fur- nished considerable of the medical “cram” for the defence, and he created a good deal of amusement by admitting that he had himself framed a number of the questions which were put to him by Mr. fownsend ‘in the “witness box. His Ds al wer on the direct question was posi- ie “hat Jpmen Fisk come 9 bis death £ NEW YORK AERALD, WEDNESDAY, JULY 10, 1872--TRIPLE SHEET. by being over-dosed by opium, A seemeazepben, and then the father of Stokes, an old, gray-headed and broken-down man, seventy-two years of age, conduct of his gon, the prisoner, du the Stokes and Fisk imbr. iis, and also to the fact that some of times, had been with insanity, imbecility and hallucination. He named each of twice during his testimony, being unable to g9 on, Gad falling into a sort of stupor. This flurry of the deal, and he cast down his head and looked f mother in an imploring way. The Court adjourned dence for the defence will close to-day. " SIXTEENTH DAY'S PROCEEDINGS. At the opening of the Court Mr. Tremain sald:— Your Honor, I rise to a matter of personal expla- occasion to criticise the position of my learned brother on the othor side (Mr. Beach), on the sup- counsel by the prisoner, and have obtained such information as to render it improper for him to public manner that I have more fully obtained the facts of the case, and my learned brother was only relating to transactions that are not and could not have been involved in this case; and I desire from any censure, and to concede, as far as Ican, that his position ia entirely proper and 80 as that gentleman and Ihave for many years been on terms of the firmest. friondship. From the detract anything from the high position that his talents and abilities have so justly gained him. fled by the vindication which I have received from my eee friend. Iwas sure his acquaintance with in the end justify me. TESTIMONY RESUMED. d the Supreme Court he was made a re- auee or the rie railway in 1868 by an order of the and bis counsel, Noah Davis, went to the railway office to take possession of the books of the com- being also of the party. Wiliam L. Drummond testified to Mr, Tremain:— street and Fifth avenue; the prisoner lived at No house from the 24th September, 1870, to May, 1871, Q. State if anything strange occurred in connec- tion with the prisoner during the time he was Objected to. Mr. McKeon proposed to show that re the 0 jouse the place was watclied, and that the witness was going to ask the prisoner to remove, and to new It, The Court—It Is excluded, Mr. Tremain—Did you not receive similar testi- ‘The Court—Shanks’ testimony showed he was in company with Stokes at the time. and present in this case. ‘The Court—There was no objection raised to excluded it. Mr. Tremain—What we desire to prove ts that porters make your Honor say on a previous rulin, on this point that you would not allow the testi- but when we have laid that foundation that you would allow it to be given, Mr. Tremain—We have laid the foundation by showing these facts. witness was improperly examined it does not fol- low that others should be. case lately that where several questions had been allowed without objection other testimony of a The Court—Have you the authorities in that case ? Mr. Tremain—I have not got them here, your the present, and the Witness left the stand, THE PROVIDENCE COMMISSION. of the Court, to produce the testimony taken by commission at Providence. This was the testimony of Amasa Sprague, of Providence, R.1., President of the National Trot- and decisions of the convention with regard to t! dept fransars ions in which the prisoner was in- vol cl the previous days of the trial. The introduction of the testimony and extracts jected to and excluded for the present. THE LONDON CoMstissi0N. was the examination of Dorman B, Eaton, from which it appeared that Eaton was at one time the way Company. The District Attorney objected to a statement of Mr. Tremain—Otherwise how will we show the contents ? District Attorney—By the inspection of the Court. Dorman B, Eaton went ‘to the Erie office and that Fisk threw open the door and showed them a body told them if they did not leave that he would order the men to throw them out of the window, and thathe counsel tor Fisk, who threatened that if he did so he would have nothing more to do with the case, MEDICAL TESTIMONY FOR THE DEFENCE. Dr. John M. Carnochan was then called to the since 1850, and is Surgeon-in-Chief to the State's fe and has been consulting surgeon to St. who could not find bis notes, was next examtned; was put on the stand, He testified to the strange his own and wite’s relatives, at different icted these unfortunate persons, and wept very bitterly old gentleman seemed to affect the prisoner until this morning, and it is probable that the evi- COUNSEL BURY THE HATCHET. nation, Yesterday, in the heat of debate, I took position that he might have been so employed as appear against him, Idesire to say in the most counsel in one matter closed in January, 1871, and in the most public manner to exonerate him honorable; and I have the more pleasure in doing Ppromptings of my heart I should be reluctant to Mr. Beach—Your Honor, I am very much grati- me and his knowledge of my character would Ex-Judge Henry E. Davies testified that when Supreme Court; on the 25th of November, 1868, he pany, Dorman B, Eaton, counsel for Mr. Belmont, Kept the Worth LR corner of Twenty-tifth until Mrs. Stokes went to Europe. there, and if you proposed taking any action on it? spring and winter Stoxes stopped at the rth add that he was watched, and that the prisoner mony on the examination of Shanks? Mr. Tremain —The prisoner was also cognizant Shanks’ testimony; if there had been I should have the prisoner was pursued by these people; the re- mony to be given tit! a foundation was laid for it, ‘The Court—Yes, The Court—I cannot admit it, sir. Because one Mr. Tremain—The Supreme Court decided in a similar character could not be excluded, ae gt decided to let the question stand over for Mr. McKeon then called upon Mr. Sparks, Clerk PRODUCED. oF Convention, with extracts from the broccedings ved and wl were so often referred to during from the proceedings of the convention were ob- The testimony taken by commission in London prisoner’s attorney in @ suit against the Erie Rall- the contents of the deposition, ‘The Mr. McKeon said they intended to prove that of men; that Fisk then ordered them to leave, and was only prevented from doing so by Judge Porter, and that the prisoner knew this. Excluded stand. He stated he has been in active practice Luke's Hospital; he has been subpaned by the pro- secution, but was not put upon the stand; a ser- geant of police came down to Staten Island for him in a carriage, sent, as he understood, by Mr. Tweed, Mr. Gould and ot! friends of Colonel Fisk, to come up and see him; he arrived at half-past ten P. M., and remained half an hour; Dr. Tripler asked him to come aud see the patient; he did so and saw that the patient was in a somnoient condition, pulse natural and respiration tranquil. WHAT 18 SHOCK. Q. I will ask you, Doctor, to define for us what is shoe! . Itis the result of mechanical injury to the general system and the animal economy; if severg it becomes collapse; sock depresses the whole nervons system down to the organic func- tons; [ did not apprehend any speedy termination recollect that I asked Dr. Tripler if he thought the patient would die, and what he would die of; the army reeord of cases of wounds of the abdomen give about twenty-five per cent of recoveries—that is, wounds of the intestines gene- rally; I was at the post-mortem, Q. From what you saw would yon consider his case more favorable than the averagey A, There was nothing special to decrease his chances of re- covery, and there were some things favorable; in the first place there was no internal eng tem: no extravasation of blood; there was much less blood than I would expect te find after a post-mortem; the four causes of death from such wounds are ex- travasation of blood, extravasation of the faces, shock and peritonitis. Counsel read a statement of the case of Colonel Fisk as given by the medical attendants up to half- past ten P, M. the night of the shooting, and asked whether in that case he would apprehend further danger. Witness replied that he would consider that vitality was returning and asserting itself, and he would not look for immediate danger. Counsel then read @ suppositious case—a man in unusually | see health, in the prime of life, receives severe ort, from pistol shot. The first shock Is recovered, e pulse is twenty-six and the respi- ration seventy-four a few hours alter the injury was inflicted, At half-past ten P.M. his condition is normal as to pulse and respiration, his intelligence undisturbed, and his answers prompt; I ask, would anger from shock ? itness replied that danger was always to be ap- rehended, but immediate danger was not to be ooked for, Q. Where shock causes depression would it be good practice to administer Opium, which also de- | ag + A. It is @ matter of common sense not to do 80, Q. What is the effect of opium administered di- recuy into the system, not through the mouth? A, It would have a double effect. Q. Would fifteen drops, hypodermically admints- tered, account for the condition of the patient at the ume you saw him at half-pastten? A. 1 con- sider fifteen drops, hypodermically administered, equal to two grains by the mouth; that amount of opium tends to produce narcousm; the stertorous pine F pone be LL sonia by the opium, and tt ‘onld require something of the kin j stertorous breathing. ‘ nee earn FISK MIGHT HAVE BERN SAVED. Q. Do you think he might have been saved? A, He was under circumstances that admitted of re: covery; he had not peritonitis enough to kill him; he hai not internal hemorrhage, and the matter narrowed itself down to a struggle between vitality and the injury; he did not die of peritonitis or ex- travasion of Dlood or fecal matter, 5 tegen into account the ten ounces of brandy and the oplum, did he die of shocky A, I never said 50; he had not the symptoms of shock when 1 saw him; I wasn’t present when he was probed or 1 would have remonstrated against such a practice, PROFESSIONAL WARFARB, Cross-cxamined by Mr. Fullerton—Q. Do you be- long to the same gohool of medicine as Doctors v land Sayre’ A, Not as to administering 60 much morphine or probing the wound, Q. What school do you belong toy A, I belong to the school of medietie that cures disease ; that ts the school every doctor ought W@ belong Lo— (laugh ter); ft used to be inacrihed on the temples of Greece, “Here we cure." Mr. Fullerton—Never mind that; you are not in the lectare room now; answer the question, Witness (smilingly) —With pleasure, vo oe belong to the same school of practice aa » Wood and Sayre? A. I don’t know what their eeore is, or school either, a ave you no knowledge of the school to which Drs, Wood and Sayre belong? A. Ihave no idea about it; 1 never heard what school they be- longed to. Q Younever heard? A. I presume they are doctors and graduates. & Are you not quite certain on that point? A. I belleve they are. Q. Are you in harmony with them in the practice of medicine? A. Iam not OUT OF HARMONY with any one, Q. So far as practice of medicine goos? A. I cer- tainly would not have probed the wound, and I would not havo given 40 much motphine. Q. To that extent you are not in harmony with them?’ A. I belong the practical school of the anclent doctors of New York. Q. Are you in harmony with their general prac- tice? A. I don’t know what their general practice is. . Do you not know there is a kind of warfare fe lng on between the school that you belong to and hat they belongto? A. I will tell you; Lama graduate of the College of Surgeons, sir. A PALPABLE HIT. Mr. Fullerton—We take that for granted, as we do the fact that Mr, McKeon has been a District Acree This hit at the little fery McKeon caused a laugh and a special titter among the strong-minded and well-posted women, who have never been absent from the court room a day since the trial commenced. Mr. McKeon jumped to his legs and presented himself to the Court as suddenly and unexpectedly as 8 Jack-in the-box. To the Court—I will not permit this impertinence. What is the fact of my being District Attorney to do with the case? The Court, wearled with the interminable wran- gle. looked almost hopelessly but reprovingly at fonn; expecting another scene, but, for once, Mr, McKéon collapsed without further ‘invective’ and resumed his seat, Q. Is there not a warfare between the systems of neral practice pursued by yourself and Drs. Wood and Sayre Fespeotively ? A. Do you mean as between homeopathy and allopathy ? Q. No, sir; I mean generally the systems of prac- tice as aanes, by the doctors named respectively. A. Well, sir, [follow the practice that cures disease (laughter) ; what school do they belong to? and then I will. tell you, Q. Is it not a fact that there ts a professional war- fare between your systems? A, Tell me what their system is, first. Q. I don’t know what their system is, A. Then your question means nothing. By the Court—Is there any professional warfare between your system and that of the doctors named ¢ A LITTLE PERSONAL. A. Well, in so far as I know, Dr. Sayre has stolen some of my cases (laughter); but he is perfectly welcome. Mr. Fullerton—But he charges you with stealing some of his? A. No, sir, he does not; if he did he would tell a story (more laughter) ; t never took anything from him, and I don’t think he has any- thing worth taking (laughter). Q, Did you meet any of these gentlemen in con- suitation In cases lately? A. Yes, within a year or 80, Q. You say you never took anything from him ‘Dr. Sayre), because he had nothing worth taking? . I don’t know that he ever made a step in medi- cal science, i Q. Is he not an eminent surgeon? A. I don’t be- jeve 80, Q. How do you estimate him? A. I don’t want to estimate him; let him estimate himself, Q. How do you estimate Dr. Wood? A. I think him very good, sir. Stands high in his profession? A. Yes, sir, . A Skilful practitioner? A. Yes. . Would you rely on his treatment. A. Yes; but not In all cases. 9 In what cases would you havé relied on him— in this given case if he had ordered so much mor- phine? A. I would not have ordered so much in that; I would have differed from him, Q, You say you would not have probed the wound; now, 80 far as the adipose matter is con- cerned, would you not have probed that far? <A. Of course. Q. If the probe m the case did not enter the cavity of the bowels no harm could ensue? A. NOT AT ALL, Q. And when you condemned the probing you predloated it on the supposition that it had entered he cavity of the bowels? A. Yes, from the testi- mony I heard given and what I read of it. . You would not have hesitated, as @ surgeon, to probe the wound as faras the adipose matter? A Taeren Harm saaht Ace Te WOE DE harmin thatt Ay Ne . - — g a Sea we a tat t or the patient when you saw him. A. He was lying passive and breathing tranquilly; his pulse was at seventy- three or seventy-four; he was somnolescent; I pald no particular attention to him when I first went in; Isat beside his bed for some time; Dr. Tripler had been there before me. TRIPPING OVER TRIPLER. Q. Never mind Dr. Tripler; we want you to talk abont Fisk. Witness—I was going to say that I remained passive so as to mark his condition; Tripler must come in here or I must stop (laughter). Counsel—Then Lins 9 a Tell us the condition of Fisk and drop Tripler. A. It is necessary to mention him; wait till you hear; I'll get over it in @ moment. gprneer ject to your mentioning him. fr. Trem: it that the witness, if neces- rfl his answer, shall be allowed to speak of ler. mie Court—There is no necessity to bring in ler. Witness—He had been there before me, and, in courtesy, I left it to Dr. Tripler to arouse the atten- tion of Mr. Fisk; Tripler spoke to Fisk and attempted to rouse him; he was then breathing very heavily, and, after speaking to him some time, he awoke a little aud Dr. Tripler sald, “Here is Dr. Carnochan, Mr. Fisk; Fisk then looked in my direction and said he was glad to see me, and then he went again into a somnolent conditien; I then went and sat for @ while in the ante-room; while there I heard him breathe very heavily, stertor- ously, and I was surprised that a man suifering from a shock should breathe 80; it was like apo- pletic breathing. Q. Was there any evidence ofa shock to his sys- bet while you were there? A, No, except pallor. Q. Except nothing, please. Was there evidence of a shock apparent while you were there? A, Well, his face was quite pale. Q. Did you observe a circle under his eye? A. No. Q. Did you look for it? A. No; but it might have been + ee . What would that circle under the eye be an evidence of ? A. I don’t know; it is evidence of a great treat things; a man fatigued might have it. Q. Does it usually follow a shock to the system? A. Yes, it is apt to do so. ‘@. Did he appear to be suffering from something very depressing? A. Yes. Q. What, in your judgment, caused that pallor? A. He had received injurtes—had recelyed medica- tion; it might have resulted from complex causes; a man falling from a height or suffering from some emotion; you might become pale from any sudden sensation—from sudden news, for instance, g Then pallor is an evidence of shock ? A. It is. 2. You were at the post-mortem examination ? A. Yes, but took no active part in it, Q. Describe what yousaw’ A. He hada wound of the small intestines and a wound of the large in- testines; there appeared to be traces of the pas- sage of a ball through the small intestines, and also the transit ofa ball through the large intestines— the colon, Q. Were there no other parts wounded? A. Yes. Q. Then state all, Doctor. A. The omentum was passed through, and the mesentery also was wound- ed; the small intestines were perforated twice, making four perforations; two perforations in the colon; six perforations in all. Q ‘Are such wounds dangerous? Yes; decidedly dangerous. Q. Is a wound to the mesentery dangerous? A. No, provided there is no hemorrhage; all wounds entering the cavity of the abdomen are dangerous; but a wound of the mesentery is not per se danger- ous. ¥ Q. Is a wound to the peritoneum dangerous? A. es. Q. Did you regard these wounds of Fisk danger- ous? A. I did. Q. Describe the wound. A. It entered the abdo- men, ere downward, making the six perfora- tions I have described, and lodging in the leit groin. Q. Can you turn to the books and show a single case of recovery from a wound like that? A. Cases differ; I haven't given my particular attention to that; there is a case recorded where a man was wounded so that the faeces Verne out, and the pa- tlent recovered with an artificial anus, Q. Can you turn to a case like this where the smalier intestines and the colon and the mesentery and peritoneum were wounded, and the man re- covered? A. No twocasesare alike; but it is not im- possible to Fecéver with an artificial anus. . Never mind that, please, but try if you can find such a case as Colonel Fisk's, A. A case is recorded where the small intestine—the gut—was perforated so that the surgeon cut away and re- moved @ portion of the intestine and the man re- covered, 2 Isn’t that an exceptional case? A. Yon can mal nyth it is an ex. ig exceptional if you like; traordinary case; people don’t have pleces of their intestines cut away every day. Q. Are such recoveries exceptional cases? A. What do you mean by an exceptional case ? Q. Will you give me an answer or not? A, They are. Q. What is the percentage? A, You can’t count them by percentage, they are so few. Q. Do you admister opium in shock? A. I never prescribe it in large doses, Q, Do you administer it? A, Certainly not in the frst stage. Q. Do you administer it? A. In the latter stage, @ very sinall dose, with great solicitude and care- fully watched to see how it works, may be given. Q. Do you administer it in your practice in any case of shock? A. No; but in the latter stage, which is the sequence of shock. Q. Is @ collapse a sequence cf shock? A, It is part of the shock itself. Q. What Is the “sequence” youspeakof? A, It is A reaction of the vital power, tn which the pulse and respiration are natural. ‘al 9 ust aa you fouud Colonel Fisk? A. Yes. ‘Then it'wad a onme Wa Which you would give opium * A, No; tt was a case in which I would let it alone. Q When would you give it? A. There isa lar sequence of shock in which there is.a weakness ae t icpeaeinie at im which half 4 grain might be . ‘Then, if the irritability continues? A. I would more opium, Q And the symptoms continued? A. You don’t think I would eo Cay | opium, Pog for- ever! you may give much of a good thing and make ft poison: I might try camphor, or something else. Suppose the patient sleeps after opium, and shen aker an mee wakes, aud the pain and trri- tability return! A. You are making a theoretical ¢ ase, And I want a theoretical answer—theory right in the midst of your practice. A. You are suppos- ne improbability; we don’t go on sticking it into them all the time. Q. How sticking? A. Upodermical administra- tion implies atic it under the skin, Do you ever stick it in? A. I do. And do you carry the instrument about you now? A. Ido not. Q. What is the effect of subcutaneous administer- ing of oplamt A. Instantaneous—acts like light- “ Q. What is the effect of half a gain 60 adminis- tered? A. I never gave halfa gr in. hi Q. How long would the effect last? A. For ours. ¢. Does the fact that the patient 1s suffering from. % yee irritabillty lessen the duration of time? ». It does, Q. Does the pain return after the narcotic? A. Yes; after the effect of the narcotic aepates, Q, If the patient awakes and complains of pain again would you infer that the effects of the dose were passing peer ’ A. I would, Q. If at half-past four in the morning the patient awakes and calls for water, takes the vessel into his hand and drinks the water, would you consider him jaoring under opium, or was the effect passed away ten Tremain—We object. There is no evidence of at, Judge Ingraham—There Is, distinctly. a Witness-—-I would infer that the effects were sub- 1% Bia you observe any peritonitis about Colonel Fisk? A. Yes, about the region of the umbilicus, Could he have such a wound without shock? A. He must have had a shock, Q. What, in your opinion, did he die of? A, I sone know enough of the case; I didn’t see him 1o. Re-examined by Mr. Tremain—Was best impres- sion so strong that bitte that too much opium was being administered that you spoke of it to your famil ay eam aly % ‘as the administration of it, as you were told of it, oot. or bad practice? (Excluded.) . Would the amount of opium suggested in your examination be Beely to produce deathy A. It is possible that thirty drops would; it would be dan- gerous, Objected to as opening the whole question, Objec- tion sustained, ty the Court—From yourexamination after death and from what you saw of the wound and heard did you consider that wound as mortal? A. It was very dangerous, By the Court—Did you consider it mortal? A, Not absolutely, . You considered it very dangerous? A. Yes, » What were the probabilities as to life or death? A. Alll the chances were against him; he might have a chance of nature coming in and closing up the apertures, The Court then took a recess. After the Recess. The Court having reassembled the defence pro- ceeded with their case. RULED OUT. Cassius H. Reed recalled—Q. Did the pase nee express his apprehensions of bei ursued by cer- tain men, and show a pistol with which he intended to defend himself, and that if he were killed it would be at the instigation of Fisk ? The Court excluded all testimony of this charac- ter until the defence connected the men with Fisk, MEDICAL TESTIMONY CONTINUED, Dr. Jacobs was then again put on the stand. Q. You are a physician and surgeon? A. Yes, sir, for nineteen years in this city; 1 am President of the County Medical Society ; am connected with the pense ae the German and Blackwell's Island jospitals, Q. What is shock? A. The general prostration immediately following injuries; the danger is that it may prove fatal at once by Pesce he system, or 80 prostrate the powers Of the system that any other consecutive disease will prove fatal. Q. What are the symptoms? A. Prostration of the whole system, especially of the motory and sensitive systems; respiration is shallow and super- ficial, alternating with sighing; in the large ma- jority Re cases the temperature is lower than normal. . The temperature of the body ? Will you please explain that? A. The ema temperature Of the ay is aiways 0832} it is A Uttje below shat, Jn shock, according to the injury: ¢¢ deferine we temperature, a thermométer must be used. Q Are Ake famiiilar with the action of opium? A. Yes, $ in the earlier stages of opium poison- ing, it is usual for the patient to be sleepy. Aw RTICAL CASE. Q. I will put a case to you—a man in good health, of temperate habits, receives an injury at four o’clock—about nalf-past four the pulse was very low, and about half-past seven o'clock his pulse was 76, his respiration 24, his intelligence undisturbed, his answers prompt—would you apprehend any fur- ther danger from shock, for it is admitted that there was ashock ? A. No, Sir. cA In such 8 case, if from ten to half-past ten his pulse and respirations were normal, his color pale, and at elevey o'clock the reaction is further es- tablished, the condition of the patient improved, and you afterwards found that he becomes sleepy, though he is rational as long as he can be roused, and sleepiness lapses into coma, with noisy res- piration, and his pulse runs up to 130, while his res- piration is 18, and at ten to ten and three- quarters in the morning he cannot be ‘roused, What would you suspect was the cause of it? A. Qne of ree things—either mor- phine poisoning, or death from uramia, a con- dition of the blood in which certain portions of the blood are not removed through t.e kidneys, and very common in cases of disease of the kidneys; or of watery effusion of the brain. THR POST-MORTEM EXAMINATION INCOMPLETE. The counsel then read the post-mortem examina- tion, and asked the witness what he thought was the cause of death. A. No man can say, from that post-mortem ex- amination, what the man died of; the statement ts incomplete; ii he died of mor) nine there ought to bln been changes in the brainand in the mem- branes, THE BRAIN HEALTHY, THEREFORE NOT MORPHINE POISONING. Cross-examined—Q. If the brain ia healthy the man could not have died of morphine poisoning ? A. 1am not prepared to say that, because the post- mortem paper is incomplete; if the brain was ene he’could not have died of morphine poison- ig Q. When the paper says the brain was healthy, why did yon say Fisk died of morphine cent A. I judge so because all the symptoms during life pointed to morphine poisoning, or uramia, or watery effusion, and the condition of the body shows that he did not die of the last two. Q. From the condition of the brain—healthy— after death would you conclude that he had died from morphine poisoning? A. No, sir. HOME QUESTIONS, Q. Did you ever administer opium ina case of shock? A. No, sir, it is not usual to do go, Q. Are you familiar with the Surgeon General's reports between 1860-'65 in respect to gunshot wounds in the bowels? A. I have read them, years ago. of Where the shock was followed by violent i in would you not administer opium? A Imight if there was no reason why I should not. Q. If the effect of the opfum wore off and the pain returned would you not administer another opiate? A. The opium 18 not likely to lose its effect in an hour; if it did I might give another opiate. Q. And suppose the pain still returned, what would you do? A. I should count the doses I had given, and I shouid certainly not repeat the doses Without limit, as it is certainly dangerous to give ee quantities of opium to a person you do not I know. THE DOCTOR ON MIS DIGNITY. An amusing scene followed in consequence of Mr. Fullerton asking the witness to which school of medicine he belonged. Dy. Jacobi said he knew of but one school of medicine, and did not recognize the homeopathsa s belonging to any school of meat- cal science. Mr. Fullerton then asked if the witness ‘was an allopath, and at this Dr. Jacobi lost patience and showed signs of temper, which caused the counsel and spectators to heartily laugh at him. He said he was not an allopath, and did not know what was meant by the name, as he never used the word. THE WOUND. Q. You have heard this wound described; what would you think of it? A. It was a very dangerous wound; I should expect that certainly more than half of such cases woulda not recover; shock is not @ necessary consequence of such a wound. . Such a wound might not produce shock at all? A. In some such cases there might not be a shock. Q. If the bowels are perforated in six places and the peritoneum was perforated, and you should be calied to his bedside and learn in the first place that his pulse was seventy-six and his respiration twenty-six, and his pulse weak, rather irregular, and he complained of pain in the bowels, wha would you say? A. I should bag Seed was suffering from pain in the bowels; that not sufficient to indicate shock. Q. And suppose also his countenance was agi- tated and pallid, and his skin cool and moist, his is dilated and he uneasy? A. The same thing. . In the symptoms you have heard, are there any consequences of shock? A. I can’t ay that; the question is too indefinite; the distinctive features of shock are absent in that description, M’KEON PUT DOWN. Q. Have you been pald a feo for examining this U case Mr. McKeon—Let it be asked also if the private counsel has received a fee for examining this case. The Court (rapping the desk)—No more of that, ir. Mr. Fullerton—I haved our Honor will excuse Mr. McKeon; he is constitutionally impertinent, Mr. McKeon attempted to rise, but the Court im- mediately said that he had already disposed of thi question of private counsel, and he would not a low another word, The Court thought it was un- kind of counsel to renew it again, He had simply a right to object to the Court i Mr, Fullerton put an improper question, "ah hiokgon—~T6 atylo of the priyate coungel hag bees very different from that of the District Attor- ye PAID TO OOME. Q. Have you received a fee for examining this ' A, answer is—I am Dr. Jacobi; I can no other answer, But you must or you will not leave that stand. sd tecetved money? A. No, sir. lave you been promised a fee? A. No, sir. ). Have you any e: tation of receiving one t Court—He need not answer that. rm Shee were you asked to come here? A. Last "6 Had you examined the case before you camo here? A. ‘No, sir; I did not even read thé proceed- Have you read the post-mortem examination? awe me posi 'Q, Have you conferred with any of the counsel on the subject? A. No, sir batts, wooken about it re once to Dr. MoO! A it. Q. You knew that Dr. McCready was employed in this case? A, Employed! no; I understood he was interested in the case; he asked if [ would not come and testify, and I éaid I would rather not; I Supposed that Was the last I should hear of it until bas ht, when I received notice to come, et—Are the appearances that would be exhibited by morphine poiso: re ized or- dinarily in Coroners’ proceedings The anes shall have to exclude that, ANOTHER LEARNED DOCTOR, Dr. Benjamin W, McCready, sworn. a You are a practising physician? A, I am and have been for thirty-six or thirty-seven years; Tlectured a long time ago as lecturer of materia medica and have lectured for twenty years on materia medica and therapeutics at Bellevue Hos- ated oes heard all the medical testimony given What is your opinion of the tive ‘ot Javon rik, dre? See OF toarh. A Objected to, on the und that hypothetical case must be anpposed an stated. ae wae nd . ‘The counsel then described the condition of Fisk at half-past seven, and asked, Would you then ap- pee any further danger from the shock? A. The counsel then asked what. the witness would think of the described condition of Fisk at eleven ? A. In @ previously healthy man I should have no doubt that the man was suffering from narcotic poisoning; the symptoms are not those of recur- fing shock or peritonitis; I should suspect the resence of an opiate, and should, if I found that it had been given, conclude that an overdose had been administered, OPINION. Q. How much orping is there in fifteen drops of morphine? A. drop of morphine is a minim and a half—that would be ial ya anda half minims—but the drop is a variable quantity; there would be three-quarters of a grain of sulphate of morphine if the morphine were dropped. Q. How do hypodermic injections differ from administration the mouth? A. The action is more prompt, and theretore the drug is more pow- erful; fitteen minims of Magendi’s solution ad- ministered hypodermically is reported once to have caused death, Q. What would be the influence of ten ounces of brandy added to the quantity of opium alluded to ? re ae would increase the narcotic effect of the pium, A. If the man woke up and asked for water, would that show that the man had recovered from the ef- fect of the morphine? A, No, sir; morphine dries the throat, and he would be very apt to ask for water, Q. Did or did not Dr. Wood make any statement to i yesterday in regard to this case and his ex- amination ofit? A. Yes, sir; but it was a state- ment made by one medical man to another. The counsel, however, was about pressing the pee when Mr, Fullerton objected and His Y one ruled out the question, an exception being aken, In the hypothetical case stated to you what ‘was the cause of death? A. I have no doubt that the cause of death was directly the effect of morphine; it was not shock, nor peritonitis, nor uremia, A “COURSE OF SPROUTS.’? Cross-examined—When were you subpoenaed ? A. The 16th of June; I was requested to be here the first on of the medical testimony, Q. When were you first spoken to about this case ? A. Several weeks BRO I can’t tell you exactly; OE As) within @ couple of weeks of the rial. Q. Were yon told that you were wanted as a wit- ness? A. No, sir. spoke to you first? A. Mr, Townsend | badd tire. hatting over the Coroner's inques' ether, Bor long have you been here inall? A. Two days; I think this is the third day; I was possibly heye also a part of another day. \ . Have you been out of the room with the coun- Bel Q How m: times havo A. Yes, sir. rou ken to Mr. Townsend on this subject? A. Twen' ‘p thirty, per- haps more times; I have been turnished with the testimony in this case by Mr. Townsend. to 7 PROMPTFR Tae es “ ¥ @. Wave S3? yd furnished Mr. isend with bpre A. Yes, sir; but he has altered them so t I scarcely recognized them, Q. Questions to be put to yourself? A. Yes, sir, bret oe t write out ic. queation b you not write out specific questions to be put to Dr. Wood and Dr. Sayre and other medical witnesses? A. Yes, sir; very probably to Dr. Sayre. Q. Can’t ipe go beyond-very probably? A. No, sir; you will please allow me to choose my own ‘at Mr. Fullerton—And you will allow me to correct you. Did you not sit beside the counsel beth [on ‘tof the examination? A. Yes, sir; I got Mr. wnsend access to a medical library. Rey youspeak to Dr. Oarnochan about this jh matter? A. Yes, sir. rf ad Did you speak to Dr. Jacobi about it? A. Yes, nt Did you tell him your opinion? A. After he told me his, yes. ALSO PAID. Q. Do you expect to get paid for coming here ? A. Yes, sir. gi How much? Objected to by the defence. ir. Fullertoon—We propose to show that he is to receive $500. The Court—That is not proper. I shall exclude the question. Mr. McKeon—We did not ask Dr. Tripler what he received, Mr. Beach—We are perfectly eae should, We will put him on the stand fo. pose if you wish. ‘THE STENOGRAPHER AT THR INQUEST. D. 8. Leach sworn—I am a stenographer, and have been for eight years; took the notes at the Coroner’s inquest in the matter of James Fisk, Jr. ; Iwas not sworn to take the notes correctly’ and fully, but I did so. : Q. Just look at that roll and see if that is the testimony? A, Yes, sir, Q. Thomas Hart, a witness, swears that he is cer- tain that he then said that the prisoner had stated that he then knew nothing of the shooting; is there anything to that effect in your minutes? A. No, sir, Cross-examined—Q. There was considerable con- fusion in the court, Was there not? A, Yes, sir. Q. Is it powetiie that you might have missed something ? A. I do not claim to be infallible. Dr. Tripler was then called, and his name having been called, the counsel said they understood he had been served while in Court, and had replied that he would not stay. He would therefore ask for an attachment. fi The matter was, however, temporarily dropped. THE PRISONER'S FATHER ON THE STAND. Edward H. Stokes, the father of the prisoner, whose appearance has been so often described, was thon sworn— . What is your age? A. Seventy-two, You are the father of the prisoner? A. Yes, sir; Ihave resided here about ten years, my last residence; before thatI resided in Phila elphia, and before that again in New York. Q. During the last ten years what 0) ayer had of ek your son? A. During the first five years every day; the last two or three years not so frequently, perhaps twice a week; he ‘was married ten or eleven years ago. Q. Has he lived with you ey time A. About six or eight months; prior to his arrest was sick for a couple of weeks; he was arrested first about a year before his second arrest; I visited him then at the Tombs; he was under arrest a ver; short time; he was arrested on Sunday night ant was released Monday or Tuesday, State whether you have discovered any chan; in his conduct and character, and if so, when? A. Yes, sir; since the commencement of his troubles with Mr. Fisk. Q. What were those appearances and evidences ? A. Great pain in his head, and on one or two occa- sions he thought he should go crazy. AN AFFECTING SCENE, Here the old man, whose face been workin, painfully for some time, fairly broke down, ani every one in the Court was silent a minute or so, until he recovered, Q. What were the symptoms of that change? A. He scemed very restless—very much excited—and he thought— . Fullerton—Wait one moment, if you please. 1 object to what he thought. + Did he do anything when he complained of the pa that you e the pur- Pek at Pentel in Lis head? A, He put his hands up to his ead—a hand on each side. Q What was satd aud done Me which you base the statement that he changed after his troubles with Fisk? A. It was in regard to a settlement or compromise they were trying to get up of their dif- ficulties; he was very much excited and charged me with cen and obstructing a settlement. Q. Was that true? A. No, sir. Q. Describe his actions? A, He was greatly ex- cited and exhibited an unfixedness of purpose; he would talk of one thing one moment and then fly off to other subjects. Q. What was his conduct towards you? A. On one or two occasions, ee of his troubles with Fisk, when I offered advice, he was greatly excited and was certainly very disrespectful—very different to what he had been; on one occasion he was #0 cx- cited that he rushed from the house; an hour or 80 afterwards I ior a note from him apologizing for his conduct; I destroyed it that moment; in it he said that he had sald something very disrespectful, but he was maddened and unconscfous of what he did and hoped I would overlook it. Q. Do you recollect an occasion when his mother was present when anything occurred? A. It was about a month after his first arrest; he was in a very excited state; he was in a great state of men- tal excitement about his difficulties with Mr. Fisk about the oll refinery, SIGNS OF INSANITY. Q. At this time did you notice anything pecultar in his countenance and eyes? A. There was— something threatening; 1 can hardly describe tt. Q Haye there been casga Of inaanity in his fam- —s ily or hia mother's family to your knowledgo? A. 7 have — . Stokes here aucoumbed ¢o an emotion begin os too isinty genuine, sad conconlon tas hand. waiting @ minute or the counsel mand. Ather = OF THN STOKES FAMILY, How many cases, and what were they? A, E nada brother Wise Md eee heat asthe What other relations? A. is the oniy de- cided case that I should call insanity; in the other cages there were hallucinations of the mind. Of what kind—how were they refated to you ® Fhe Ahad sma abgring under home short time to Bloomingdale; cn Ret br @ consider him insane, he came out again} 1 insane, except on one subjer Q. What other cases? MY ee mother was ina very weak, desponding ata ‘tind for a num- ber of youre, but there was no insanity about it, . Settled melancholy? A. Yes, sir. For how long? A. Fifteen or twenty years. . Any othor cases? A. [hada eee, who was an imbecile—paralysis and nervous derangement, During th eine that your” son was Siok a¢ nu 6 time Ol rot house did you find that he a pistol? A. ET ‘hink some one fold me he had one under the pilloses one morning I saw it on his table and spoke to about it, and he said it was necessary for him te carry it, as he was in Sanger. Di id to Q. Danger from whom? A. He sal yoeees t for a time, when he himself from Fisk's ruffians; I had known carry & pistol before that to the refinery at nights, Cross-examined. When was the earlicat 00- casion that the prisoner oarried a pistol? A, I think i¢ must have been about the year 186é—long before these diMoulties began. Q. And he carried it constantly from that time along down? A, I can’t say that he carried it con- stantly; he had to carry money to pay the men, and it was a very lonely spot. fo Q. Did not the settlement pro by Fisk cause some diMcalty between yourself, your wife and Ed- ward? A, We discussed it together; the ari iio mont never was completed; it was talked about several months, Mr, Tremain then again offered to examine Dr. Tripler; but a3 that gentleman did not answer te his name he asked that attachments be taken owe against both him and Dr. Fisher, ALMOST FINISHED, This was granted, and the Court inquired how mach longer the defence expected to take. Mr. Tremain replied about a count of houra, The Court then adjourned till half-past ten o’cloo& this morning. THE STRIKES. jo Meetings of the Various Trades Unions Yester- day—The Men Still in the Gap—Re- ports from New Jersey. The strikes yesterday were marked by no stranger or newer feature than that monotonous feeling and long-continued indifference which hitherto has apparently characterized them. With few excep- tions, the members of the different unions are yleld- ing to the pressure of either necessity and want or to the hardened firmness o1 their employers. Where funds are strong, however, there is no weak- ness nor inclination of this kind manifested; but an unswerving regolve, such as characterizes the marble workers, for the successful attainment of their claims. The following will show the general feeling of the strikers and the slow progress they are making to their long looked for goal. Cool, sober determination seem to be the chief characteristics of the members of the Marble Out- ters’ Union. They hold sessions almostevery day, and discuss in private the affairs of their 01 ization. There is not the least intention on their part to bring the strike to an unsuccessful end. They positively affirm their determination to hold out even under the most pressing circumstances. Their funds are 80 strong 48 to be able to afford $13 per week to each married member and half this sum to those Who are unmarried. They uso all their influence to induce men whom they know to be working out- side the organization to join it immediate! of these were captured yesterday on Twenly-sixth street, about seven o'clock A, M., as they were going to commence work, and taken to the assem- iy hall of the o nization, ‘he marble polishers have not yet given up their irike. Some haye been allowed by the society to work under the old system in order to detect the motives and spirit of their employers, About three hundred members are still idle, supported by the ands of fhe Organization, and resolve to withstand i temptations of compromise while # dollar re- mains en then. ag wwii ad Bi ALE stone cutters tet at Putnam Hall last evening to discuss their relations with the men of Westerly, who are still on strike under tha very best auspices, The Westerly strike has ite 0! jon with the oi tion of the amaiga- Mated stoie ciltters of this clty oniy in as much aa it interferes with the business of Mr. Batterson, the Pie etl ele of the Westerly granite quarries, The Westerly men have purchased lately a quarry, under their own immediate control. None of the organization in New York city work at present in the employment of Mr. Batterson, as all are com- pelled not to do go by the laws and general of the society. Mr. O'Sullivan, delegate from We erly, is now canvassing the New Eugiand States delegates, who will hold a convention in Westerly early in August. About one hundred members of both the cabinet makers and upholsterers held a brief se yesterday, at Teutonia Hall, to consider the prese! Status of their ceeerere fa Lesage eee — a jomewha ed in their opinions mith regard to the lestie of their strike, which has already completed its seventh week, and the spirit of hope has been well nigh quenched among them. They will, itis gaid, soon come to some definite compromise with their employers, however painful it must be to those who have been so far most san- guine for the success of the new but transitory régime of the eight-hour system. The Master Horseshoers. This association held a meeting.last evening at Milleman’s Hall, in Seventh avenue, Mr. Johm Graham occupied the chair and Mr, Matthew Mont- gomery officiated as’secretary. After the ordinary business of the meeting had been disposed of and several new members enrolled, the secretary drew attention to the fact that most of the parties in the above-mentioned business whom he had visited had consented to the adoption of the higher rate Bea dy ers filty cents per set of shoes. r. Harrigan was sorry to see so small an attend- ance, and ‘Yr. Murray, of Third avenue, thought everything was tiding on well. He ventured to remark that he thought the best course to pursue would be to appoint a certain day for every master horseshoer to close his shop and show the publio that twenty shillings was not enough for a set of horse's shoes, Most of his business consisted im shoeing sale horges, and he did not see why fi one more should not be-allowed for that kind work. Several other members of the organization ven- tilated their views, but space prevents further mention being made of them. The old prices were as follows:—For shoeing livery stable horses, $2 50 draught horses, $3, and private horses from §8 to $4. It was argued that hucksters, truckmen and the poorer class could not so well afford to for the shoeing of their horses as uptown gent men could for thelr fast and showy steeds. It was proposed that each member of the organization shouid act as a committee to visit the shops in his neighborhood, but no definite conclusion, except pe A association meet next Tuesday, was ar- rived at. The Boilermakers held a semi-secret meeting last night, Mr. Jamea Collins in the chair, The business transacted was confined to the enrolling of new members, and the forming of a constitution and bylaws. 1} of men are not on strike, the only object being to thoroughly organize, The German Employing Printers. The German master printers, Mr. Gustav Lauter presiding, held a meeting at Hubner’s Hotel, in the Bowery, yesterday afternoon. The conference committee appointed at a previous meeting to confer with the English speaking master printers on the subject of a reduction of the hours of labor and an _ increase in the rate of wages submitted a roy stating that ata meeting at the Astor House im rerorenice to the matter on Monday it had been decided that on account of the present depressed condition of the trade neither a reduction of the hours of labor nor an increase of prices can be al- lowed, On motion of Mr. Gerdts @ resolution was passed in substance the same as the Astor House decision, This action on the part of the German employing print- ers will upset the present arrangement with the German journeymen printers, who recently struck for a new scale of prices, prepared by the German ‘Typographical Union, involving ana increase of twenty per cent, when for the most part they succeeded in enforcing the same. They will be asked to content themselves with the scale as heretofore allowed to the English-speaking Typographical Union, No. & and a resolution to that effect was passed, resolution was also passed to acquaint the German Typographical Union with the action taken. The Paterson Strike Virtually Ended. In the Paterson locomotive shops nearly two thousand men returned to work yesterday, leaving about one thousand still out, Of these a part are the boller makers, who are still on a strike for twenty per cent advance, and the oniphey. ers say they would not take hen back at any price, The boiler makera met again yesterday morning and resolved to stick to their original demands. The other mem which the locomotive shops are still short of have mostly left town and obtained work clae whore, In the ‘poller shops only a few apprentices are at work, but the omployors think they oan procure mon to fill those departments tn a sew days, ond tho strike ts beligved to be virtually éuded,