The New York Herald Newspaper, July 11, 1872, Page 4

STOKES. The Mother and Brother of the Prisoner On the Stand, re EXCITABILITY. STOKES’ Another Field Day Among the Doctors--- The Counsel All Serene. More About the Probing and “Punching” of Fisk’s Wound. FISHER AND TRIPLER AS “PUNCHERS.” Lengthy Rebuttal Tes- timony. COUNSEL TO SUM UP TO-DAY. _ SEVENTEENTH DAY OF THE TRIAL. Yesterday morning, hot, close and sticky in the ‘New Court House, which has cost so many millions ofmoney and is yet but half finished. It is nine o'clock only, and the doors of the court room will not be thrown open before half-past ten o'clock, ‘and yet the halls dn the ground floor of the build- ing, the passageways and byways are filled with moisy people. There is an incessant hum anda confusion of voices. A long, struggling mass of men and women hang ‘to each other’s garments on the stairs, and are thickly jammed together on the landing, twenty feet distant from the outer doors of the Court of yer and Terminer. The jabber of the people in different languages is frightful on this moist ex- haustive day. “Let me in, officer; Iam a witness; I know Fisk didn’t have no pistol,” cries one to the policemen ‘who guard the passageways with long poles Btretched across to prevent a rush. The policemen @re patient enough, that is certain. One of them ‘who is spoken to—a mere framework of flesh, from which perspiration teems in streams—takes a quick look at the last man and at his rowdy face and flashy velvet coat, and asking his name goes ‘back into the court to ask a question. No witness ‘with a name like the velvet coat brigand has been called, and when the indignant flannel policeman comes out he makes a wicked dash at the fellow, fwho quickly fies down stairs and is heard of no more. The women, many of whom are elegantly dressed ‘and many of whom are belonging to the class which has furnished cause primarily for the trial of £dward 8, Stokes, shine and push each other vi- ciously, and these Mabille ladies occasionally lose y fragments of their rich silks, which drop on the fron staircases, to be picked up and jeered at by howling and sweating boys, who regard the trial 88 a show gotten up for their special delectation. The hour draws near for the doors to open and discussion is rife among this mongrel swarm of curiosity seexers. The merits and demerits of the prisoner on trial for his life are discussed with the freedom of ignorance, prejudice or par- tisanship, as the case may be. The man who regards Fisk as an angel of light, ; Inevitably denounces Stokes as a fiend of darkness; gnd on the contrary there are many who gay to each other, “Well, it wasa long fight between the two men and one was to be killed.” But the wo- men are in favor ot Stokes. He is so handsome; they say it would be a pity to hang him, but then Pao Josephine Mansfield is bitterly scathed by ¢ same women who would be glad to get a lock | of the hair which grows so thickly on the head of | Btokes. One standing on the stairs and listening to the hubbub of the populace is apt to think of other great trials, and of those who have been held to | await the judgment of their peers when le and | death hung in the balance. there are two obstinate mon on the jury—Mr, H., the second juryman, and Mr. T., the twelfth juror. It is certain, however, that the sec- ond juror is the best listener of the entire body, with but one exception, and that is the twelith Juror, Mr. T, No, 2 is @ tall, good-looking map, ‘with one of those serious faces that there 1s no use in attempting to change; a deep-set pair of grave eyes and a pair of mutton-chop whiskers. He has @ Dundee look of firmness ali over him, and ho listens with his fan, which he holds in his hand, to his right ear, He tas a large forehead, a snowy white vest, a small black tie embellishing a white shirt, and wears @ gray coat of the same shade as juror No. 5, who is quite a good-looking lad, with close-cropped blond hair and a merciful pair of eyes. This juror is not more than twenty-two years of age, and sits very quiet. The third juror is a very respectable-looking man, in black clothes, with a rim of black whiskers around the oval line of his features, of a sallow com- plexion, who sits continually with his spinal column at an angle that Qirects his eyes to Judge In- graham’s face. He has the appearance of aman with four children and a large amount of stock in the Sixth Avenue Railroad Company. ‘The gem of the jury is No. 4 This juryman divides the palm of good looks with Ed- ward 8. Stokes, and it may be said that Mans- fleld more than once threw her eyes in that direc tion during the seven hours that she sat in court on Monday last. Juror No. 4 has very dark eyes, ‘with long lashes, a fine complexion, and looks as if he were of Spanish-Hebrew descent. When he laughs at a joke of McKeon or Judge Ingraham (for in the memory of man His Honor, like Thomas Carlyle, has been known to laugh), juror No. 4 is certain to show a set of dazzling white teeth. He too wears a dark gray coat, like Stokes, and nas a shirt bosom white as his teeth. Juror No. 4, to be brief, is perfectly sweet. The juror on the end of the first or lower bench is known as No. 6, This is the quietest man on the 4 whole traverse. The Athenian Dicasts, who were in history the prototypes of the modern juryman, could not have produced a more solemn and Judicial-looking personage than No. 6 of this jury, He has a pale, studious face, looks like a gentleman, and listens without & movement of his body to all that is given in evi- dence. When District Attorney Garvin winks at the jury this gentleman looks in astonishment at him, as if he was the great Belgian Giant at Bar- num’s, and then scans the prisoner with a -far- away philosophical look as if he were lecturing at Heidelberg to tne Studenten. At the further end of the second bench is perched the seventh juror, with saffron mutton- chops and the look of a heavy English swell. He has a blue scarf, which fits him nicely at the throat, and a gray coat of the same shade and make that Stokes wears. In fact, Stokes seems to have set the fashion to the youngest members of the jury, and that is not to be wondered at when it is cone sidered that Stokes, before trouble came to his door, always paid $2,000 to Bell to dress him, giving him carte blanche as to cut and cloth. The eighth juror ts a good-natured looking gen- tleman, with black whiskers and a lavender tie. He asks for medical information now and then, and ‘| he has an honest look, and, mayhap, has also a slight knowledge of the science of Hippocrates and Galen. His neighbor, the juror No, 9, is also honest and good-natured, and has a sallow face and ‘the might take his wife and children to Westchester county on Sunday to imiulge in the luxuries of kartofel salad, pumpernickel and Sweitzer kase. The two most solid men on the jury are Nos. 10 and 12, No. 10 is a middle-aged man, of blond complexion. He possesses a good broad port, has light hair and must have followed the sca at some time in his Ufe, or he has been, perhaps, a snip- builder or a supercargo, for in every hair of his pe- cullarly trimmed whiskers and curly hair there is the appearance of a life on the ocean wave and a “Yo—heave—ho!” about No, 10, He listens very carefally to everything that is said with a pair of sober, honest eyes, and a dark blue coat, which fits his portly frame very well. Next to him 1s No, 11, with snuff-colored whiskers, who seeks to keep himself in the shade behind a fan at all times—be- hind a big fan. This gentleman coquets with a fan like the Spanish ladies of Cadiz, and whenever Beach makes one of his saintly, persuasive jokes, No. 11 seeks refuge in his fan and emerges no more until he hears something said about the umbilicus or cavity of the abdomen. For there be medical jokes as well as legal'jokes, and some of the fan in this.case has been almost Rabelaisian in its na- ture. Never before, perhaps, did the peritoneum or the intestines or the calculus found in a body The mind conjures up Stafford, with all the |,create so much discussion, heat and cross-examl- splendor ot his name and fame, before the Parlia- ment, with the proudest women in Europe and royal sympathy to give him countenance; Pro- fessor Webster. of Boston, who siew Parkman and nation as on this terrible ‘Belphegor’ show of Fisk's death and the trial of his slayer. Last of all, there is the twelfth and last juror, who has a large fan, a pair of broad shoulders, a goatee calcined his bones; Colt, who killed Adams and made corned meat of his remains; Richard P. Rob- {nson, who was said to have slain his mistress, | Helen Jewett; John Wilkes Booth, dying in the | burning barn at Port Tobacco; Charlotte Corday, | ascending the scaffold, and Robespierre, dying | with a broken jaw amid the howls of 200,000 mad | human beings. rn | All these images pass before the man’s mind who | stands at the door of the Oyer and Terminer in the | sticky, sickly morning, beside scores of others rele- vant and irreievant to the issue in hand, of this memorable seventeenth day of the triai of Stokes for the killing of Fisk. Inside of the Sheriff's ofice there is a group of Persons intimately connected witn this great trial; | for it has proven to be such a trial as was never before known in America. The whole nation is anxious for the verdict of the jury. For there are now but two issues—freedom or death to Edward | Stokes, In the Sheriff's oMee are the prisoner and his family awaiting the hour when the | Court shall open. Stokes, himself, is in good } spirits, but anxious to hear the final result. Six- teen sickening hot days passed between the prison— One of the most unhealthy in the known globe— | and the court room, going to and fro, immured | night and day, no fresh air, his family only allowed | to see him at intervals, and the six long weary | months of imprisonment; ail these things, to which | must be added the ceaseless babble of the lawyers; | ‘the fact that he had to undergo medical testimony | Which was of use only to those who were compelled ‘to walk tne hospitals for a living; and yet this man | has not lost his nerve or his heart. He is dressed neatly and quietly in a suit of gray, and seemsa | little rested after the previous day’s dreary discus- } sion. Mrs. Stokes, the mother of the prisoner, is always by his side whenever the law permits it. Her solici- | tude is what might be expected only from a mother, and the sister of the prisoner is also de- votedly attached to her brother. And now the business of the day opens. Sherif | Brennan notifies his principal deputy, Mr. Shields, that Court is about to open, and the family group stand up and look at each other longingly. Stokes, | feeling the heat of the day, wipes his forehead with | @ white handkerchief and says he is ready. ‘The procession of three or four persons waiks out, and 4n a few moments the doorman admits them by a | private entrance to the court room. Aselect hundred persons stand up and gaze at the gprisoner, and he throws his eyes languidiy around the room in search of friends. Several per- | sons nod their heads to him and he returns | their bows. A few inside of the sacred ring in which the counsel and their fash- jonable client sit stand up and shake hands warmly with Stokes, and he is followed by others, ‘Who shake hands with him. When shaking hands Ais eyes brighten up and there is a emile on his lips ‘and alight in his dark eyes for all who remember him in his troubles. And now the jury begin to pour in to the Court and the oMcials cluster thickly around them to esoort them to their seats. First drops in the fore- man ofthe jury. He is a gentleman of a great deal of good nature, and has @ biond mustache and Amperial in the style of Phil Kearney. He is, perhaps, of Jewish blood, and his mustache lifts Ateelf in sheer incredulity occasionally, as it did on Tuesday, when Fullerton attempted to show that he ‘was a bigger “medicine mai’ than the great Ger- and an imperial of a blond color. This juror is unlike No. 2, who leans back to listen, while No. 12 stretches his body forward and eyes every witness as if he were Hia Worship the Lord Mayor in a gilded barge. This is what is called in New York “a tough man,” and Is judgment will be of some avail when he makes up his mind. Take the jury allin all they are a most respect- able and intelligent body of men, and never since the days of the old medieval Norse Guthluthing or the Saxon Compurgators, the originals of the modern jurymen, has there been twelve men to lift up their hands and designate the fate of one human being, with all his trials, troubles, torments and human errors of judgment and deliberation. There he sits listening to his counsel as they fight his battle right gallantly inch by inch. Now it is Tremain, with his ponderous bulk and his im- mense knowledge of law; now it is the little Chevalier McKeon, on his steed Rodrigo; now it is | ‘Townsend, with his capital management of the | medical cross-examination; and then there is Daly to find evidence and witnesses and authorities— | they are all in the breach and fighting gallantly for this man’s life, and all that can be said or all that can be wished for in the smoke of the judicial con- flict is the old petition that has went up for two thousand years in many a heroic fight and | against the greatest odds—‘‘May God defend the right.” PROCEEDINGS YESTERDAY. ————— The Medical Testimony for the Prosecu- tion Attacked. Dr. Tripler recalled and examined. To Mr, Tte- main—Is ‘Taylor on Poisons” a recognized authority among medical men? A. I don’t know the work. Mr. Tremain—Not know “Taylor on Poisons ?’ Do you know of Harley's work on “Vegetable Neu- roticst A. No, sir, Q. Where is that probe ? A, At my room; it is #ix inches long. Q. Did you tell Marshal Cowing that your probe ‘was not the right kind of probe, and if you had had a proper one you would have found the bullet? A. No, sir. Q. Did you tell him it was not long enough? A, No, sir. ‘ To the District Attorney—Q. Is Guthrie's ‘‘Com- meutaries on Surgery” @ recognized work among medicalmen’? A. Yes. Q. “Holmes upon Surgery’’—is ita standard medi- | Calwork? A. Yes, sit, DR, FISHER RECALLED, To Mr. Tremain—Q. Is “Taylor on Poisons” a | Standard work among medical men? A, It is con- sidered 80, Q Do you know Marshal Cowing? A. Yes. Q. Had you a conversation with him with regard | to the medical treatment of Fisk three or four days after his death? A, I don’t recollect. Q. Did you probe the wound? A, Yes; after Dr. Wood had probed it he gave me the probe, and told me to probe it hf A Taid so, Q. Did you tell Marshal Cowing that you put in mete trae and ye it fence the bullet and pushe in four or four anda half furtaee’? A. No, sir. iti 40% phe, you say anything to him on the subject entranced within those two questions? A. Novairs not to my recollection. Q. Did you tell Mr. Cowing that Dr. Tripler HAD PUNCHED bag 4 oer for two hours before you arrived A. No, sir. Q. Do hg recollect boring, any conversation with Mr. Cowi iy men Jacobi, and that he knew more about the tienea of the brain. It is said that ing on this subjec . I had sume con- Versation with him, but Medico. I don’t recollect what it was; ¢he “London -Chiruraical tions” air of a Thirteenth ward German, who possibly | he couldn’t get one just then and the case was an are not regarded as muoh anltiortey Aa ¢ tipdtont Toi veuronons' don't tua the wore jeu! 5 To Mr. Beach—Had ny injurious effect, resulted robing it we have been evidenced by indammation ‘at the point of its invroduction. ‘MRS, STOKBS, SK., ON THE STAND, Mra, Nancy K. Stokes was then called and ex- amined, she isa prep ei lady and was attired in black. She gave her evidence in @ mild and clear voice, although she was doubtless somewhat em- edi ryae LS ia surrounding circumstances. She tifled as followa:— bir You ‘are the mother of the prisoner at the bar? A. Yes, sir. Q. How long have you been tn thiscity? A, Ten ears, You came from Philadelphia? A. Yes, sir. Do you reccoliect the time your son was im- prisoned? A. Yes, sir. . Did you call’ on him when he was in prison? A. No, air. Q. Do you recollect his spending some time with your family atter his marriage? A. Yes, sir. The witness ther further stated that her son had . pistol, which he carried when at the Hoffman louse, THE PRISONER'S BXCITABILITY. 9. Did you discover anything unusual or peculiar in hia conversation or conduct after he wes thrown in prison? A. I did on several occasions; he seemed to be very much excited when. he was talk- tog, and I noticed a very pecullar expression about iS eyes. 9 Describe his appearance. A. He was very wild in his demeanor. 1 Q. Was this excitability something unusual, A. it was, Here Mr. Stokes, the prisoner's father, who occu- pled aseatin the vicinity of the Court, became very much affected. The te aed lefts Mer child are in Europe ? A. They are, as 1 unders! i What were his nse Serene with the fam- ily? <A. Perfectly agreeable. "Q, fis irritability was something new? A. Yes, e witness was not cross-examined. STOKES! BROTHER ON THR STAND. Horace Stokes testified—I am a brother of the prisoner; I lived with my tather; I recollect when my brother was sick last June; he sent me to the Hoffman House for his pistol; he expressed his ap- prehensions; I got the pistol for him; I found that he was somewhat nervous and excitable. a What did he say as to his fears? (Mr. Garvin objected.) A. He told me he wouldn’t pass the night without the pistol; he said he had always carried a pistol since he feared an attack from Mr. Fisk; 1 think my brother slept in the next room. To Mr. Beacn—He said he was afraid of an attack even in his father’s house; I think his illness was poison of the skin. Mr. McKeon here read the testimony of Patnck Hart, the hall boy at the Grand Central Hotel, as taken before the Coroner. TESTIMONY OF DK. BENJAMIN HOWARD. Dr. Benjamin Howard called and testifed—I am @ medical prechsiouees 1 have been ay penton a member oi the Royal Medical Chirurgical ciety of London; there is no higher authority on poisons than Taylor; George Harley's work on neurotics {3 considered an authority. Not cross-examined, TESTIMONY OF MARSHAL COWING, Marshal Cowing was sworn and testified :— To Mr. Tremain—I reside in New York; lama manufacturer of pumps and hydraulic machinery ; I am now other honse; I boarded at the Grand Central Hotel till lately; 1 know both Dr. Fisher and Dr. edits I was probably more intimate with Dr. Fisher than with any other man there; at the time of the shooting I was at our store, but was at the hotel within an hour after; I had a talk with Dr. ‘Tripler about the probing; I was running Dr. Fisher about mal-practice and he told me to say to Dr. Tripler that he had been PUNCHING AWAY AT MR, FISK for halfan hour before he came there, and to tell him Dr. Fisher said 80; I did say so to Dr. Tripier, and he was put out about it and said this was very un- professional of Dr. Fisher; he said that he had punch- ed at him, but his instrument was entirely unfit for it or he would have found the ball; he said it was unwise of Dr. Fisher to say such things, for he could say things of Dr. Fisher that would drive him from the profession and the house; Dr. Fisher told me about himself, that he had reached the ball at four inches, and had_ pushed it four anda hatf or four inches further; Lasked him why he didn’t get it out then; he said that he hadn't the proper in- strument, and I asked him why he had not; he said emeresniy: To Mr, Beach—I was running Dr. Fisher; it was not jocose on Dr. Tripler’s side; he took it very seriously; I should say my talk with Tripler was three or four days alter Mr. Fisk’s death; with Dr. Fisher a day or two after the death; I was quite intimate with Dr. Fisher; I did not note the conversations down; they impressed me as of a very serious character; the first conversa- tion was ofa jocosity character ;{ put the questions in that way, and they were all taken in good part until Dr. Fisher found he had LET OUT TOO MUCH; that is the way I looked at it; in the first conversa- tion with Dr. Fisher I asked Dr. Fisher if he probed the wound; he said he did, and struck the ball at four inches and shoved it back to four and @ half or, five inches; he saw the case required immediate attention and his probes were good for nothing; he was serious, Q. You know what a probe is? A. Yes, sir. Q. Did you think he would extract the ball with a probe? A. No, sir; he said his instruments were not suficient, Q. You said the probe; which do yonmean? A. Probe; we were talking about probing. Q. Did you have any further conversation with Dr. Fisher before you talked with Dr. Tripler. A. I know what I think; I can’t be sure; it was all right along; I suppose it was a week or ten days, or two weeks or along so—(laughter)—that I had this talk with Dr, Tripler; I don’t know whether it was at dinner or down stairs; [can’t say whether what was said by Dr. Tripler was at the first interview or not; 1can’t tell how many interviews or conversations with him; I can’t tell what wassaid at any par- ticular conversation; I remember what was sald in general; One conversation gives the substance of all; Dr. Tripler was diffident and I had to approach him mildty, Mr. Beach—You are an operator in hydraulics, we know. Mr. Tremain—He is agentieman of large prop- erty and high character, and is worth more prob- ably, honorably acquired, than all those around 4 | this table, Witness resumed—I said to Dr. Tripler that Dr. Fisher said that he had punched away at Mr. Fisk for half an hour before he came, nd so he was not at all alarmed; Dr. Tripler said that he had punched him for some time, but that Dr. Fisher should not have said such a thing, for Dr. Fisher had probed him too, and if he should tell what he knew about Dr. Fisher he dare not lift his head in the hote d that the profession would not tolerate him; he said he haa probed him but the instrument was of such a character it did not satisfy him; he said he felt he must do something; I asked him if it was not customary to wait for help before probing; he said he wished to know something of the wound and had probed but quite cautiously; | understood that Dr. Fisher used the words “punched at him’ to imitate Dr. Tripler; [ first told this to the counsel night before last; 1 first told these particulars about two weeks ago, in an office down town; I first told Mr. Lei api before last, at my house at half-past nine P. M. To Mr. Tremain—The portion of the conversa- tion Ihave told was not jocose; I used the words | because that was the way they were introduced; I heard from Mr. Daily that he heard this from Henry, acierk in Mr. Dunning’s office; Mr. Dunning is a lawyer; I believe he is a partner of Mr. Fullerton, DR. M'CREADY RE Dr. McCready was recalled —“Harley’s Vegetable Neurotics” is considered one of the best authorities in medicine; the published proccedings of the Medico-Chirurgical is the highest known authority as to the facts stated. To Mr. Beach—The owner of that volume comes from the New York Hospital Library; itis an ex. pensive one; the Medico-Chirurgical transactions form a part of the public mefical libraries; they are selected from the best communications sent to the society. Q. Did you look inthe New York Medical Direc- tory for Dr. Fisher's name ¢ | did not find it. THE COMMISSIONS AG Mr. Tremain now offered in e nee the testi- mony, taken by commission, of Mr. Amasa Sprague, one of the Board of Appeals of the Trotting Asso: ciation, to the effect that Mr. Stokes promised to to be In Providence on the 9th January to have the | bet decided. The greater portion of it was ex- | eluded, DORMAN B. EATON’S testimony, taken In London, also read through. Amoug ‘the interrogations and answers, one bringing out the fact that he was counsel for the Erte Railway was excluded; also answers relating to Fisk and Gould having been directors, Mr. Davies being appointed receiver; how Judge Davies and others made a demand on the directors for posses- sion of the road; all relating to the Susquehanna and Erie litigation; how he observed movements of ing his residence, No, 2 Kast Twenty- ited on leaving his house; how long he was confined to his house in consequence, and whom he suspects as the instigators, A SURVEYOR AND DRAUGHTSMAN ON THE STAND. Mr. John Crofton was next examined and testl- fied—Witness said that he made a diagram of the main hallway, the corridor and staircase, and the partor where the pistol was found in the Grand Central Hotel; the distance from the parlor door to the sofa thirteen feet nine inches. ‘The diagram was handed to witness, who pointed out the various points of interest, The diagram and the distances marked on it were all accurate— he had made them himself; it was impossible to throw a pistol from the door and it tolie after- wards at the back of the sofa in the way the pistol was found there; it would wine some force to push it in there; he had tried the experiment with his measurin, and found it impossible. Witness proceeded state the width the corridor, the main hall, the distance from the platform where Fisk stood and the sixth step of the staircase, as well as the top of the staircase in relation to the positions of the par- ties at the time of the shooting, as testified to by the various witnesses, Mr. Tremain said the defence were now read; to close, subject to the paccwstee of-a witness not now in Coart, and to putting in the New York M feal Directory, in case they didn’t find Dr. Fisher's name in it, The Court then took a recess, After the Recess, The Court having reassembled, the defence pro- ceeded with thelr case. Dr. F. W. Howard recaHed—Am a profesqor of A. [looked for it, but | im the University of Vermont; the name fens st of the New York Medical Oroas-e: 5 edits the “Journal of the New York Medical Society; in New York city but this register table itioners from all oe course fy Cg ng A others are engaged in the making up of the manu sae defence here announced that they rested ane Court (quickly)—Go on, Mr. District Attor- BVIDENOR IN REBUTTAL, The prosecution at once resumed their case. DIDN'T SER THE PISTOL, Charles G, Hill recalled. Q. When you met the prisoner in the hall, or at - time, id you see a pistol on the floor in the Mr. Tremain—Is that proper, Your Honor? Mr. Beach—We ask this to contradict the testi- mony of the defendant that he dropped his pistol in A. I did not; I did not see a pistol on the stairs or anywhere else; I was only about three feet from Stokes when he passed me, Q, State as near as you can the location where 70 ot sao itadinitted after rgument jected to, but r le a ts by counsel, Sud A. I was at the corner of the elevator when the: prisoner was fas No, £19. ik Was it light enough in the hall for you to see * 'es, sir. Was there light enough for you to have seen a istol in front of room 219, if it had beenthere? A. think there was light enough for me to have seen it. MS pigiyon go out by the ladies’ entrance at ally No, sir, Cross-examined—Do you know whether the door of room 219 or 220 was Open at that time? A. [do not. : FISK’S INTERPRETER, George Barbin, sworn, Mr. McKeon—Vous ¢tes frances, n’est-ce pas? Witness—Non, Monsieur, je suis Belge. Mr. Beach—Were you in the employ of Mr. Fisk baggy lifetime? A. Yes, sir (int reter). Q. Did you live in the same house with nim? A. No, sir; I was there always in the mornings and evenings, when he was dressing; I was present on the 6th of January when he was dressing. . Had he any pistol at that time? ir. Tremain—I object, on the ground that it was the duty of the prosecution to have shown this on their direct case; they went into this matter before, and have no right now to give rebutting proof, be- cause the defence have shown that the killing was not malicious and felonious, The Court—There was no evidence put in on the part of the prosecution that there was or was hot @ pistol in Mr. Fisk’s possession at the time of the homicide, ‘The defence have shown that Fisk had a laa and the prosecution have a right to rebut a FISK HAD NO PISTOL. A. Iwas present when he dressed in the morn- ing; I know he had no pistol; on this particular day I handed over his coat and hia pants and held the legs and arms so that he could put them on; he had no pistol; at twenty minutes past three in the afternoon he only changed his coat. Do you recollect that he had been sick fora week or two? A. Yes, sir, Q. Did he come in from the Erie office that after- noon? A. Yes, sir; it was about twenty minutes or half an hour after that that he put on his coat; I saw him get into the carriage; he had the same coat on after that; I saw the clothes here in Court the other day, and they were the same I helped him to put on. Cross-examined—I am a Belgian; I'was inter- piseer for the opera people, but I dia not come here with them; before that I had been in the hu- mau hair business—not for myself, but working at 24 Bond street; when I left that employment I was not well for five or six months; I lived part in Amity street and part in the country—at Scotch Plains, alone; 1am married. iB What capacity were you employed for by Mr. Fisk? A. He had @ French company here, and, not speaking French, he engaged me; I met him at uret’s; Mr. Cole introduced me to him; there were fifty or sixty people in the company. . What was your compensation ? bjected to and excluded, Q. Was Mr. Fisk running the theatre at that time ? “| "Bbjected to and excluded. KNEW MADAME MONTALAND. Q. Did you know Madame Montaland? A. Yes, sir; 1 was in Fisk’s employ when Montaland was in the company; I never was his valet. Q. What do you call holding his coat and pants forhim? A. That was because his valet was not in the room; it was weroly @ politeness. Q. Were you present when the arrangements were made for employing these people? A. No, sir; that was done in Europe; I was interpreter when the people were paid, and such like. Q Did you interpret between him and Monta- land? <A. Yes, sir. . And Silly? A. Yes, sir; and Aimee too. Do you know whether Montaland lived near Mr. Fisk? Excluded as immaterial. Q. Did you dregs Fisk anywhere where Monta- land wast A. No, sir. Q. Did you ever dress Mr. Fisk at 359 West Twenty-third street? A. I did not know Mr. Fisk at that time. Q. How was it you saw Mr. Fisk the morning of the shooting? A. I took him the newspapers; after the copeety: left for Europe Fisk kept me as com- pani on. Q. Were you paid for that? A. Yes, sir; I should not work for nothing, . Q. Do you call being companion hard work? A. Yes, sir; and hard work too sometimes. “(Laugh- ter). +e Had you travelled with him in New York? A, es, sir. . Nightand day? A. Yes, sir. . Every night? A. Not every night. Knew all his haunts? A. Yes, sir. How many times did he dress during the day? A. Two or three times a day; I went to see Fisk before he got up; he was then in a long shirt; sometimes he would breakfast in his night shirt; sometimes I breakfasted with him, THE FATAL DAY. 9. After breakfast on this day in question what did you do? A. I left him there, Q. Where did you go to? A. To Union square; I was gone just long enough to buy an English grate for Mr. Fisk; I mean a grate to burn coal in; the grate was tor his room in 313 West Twenty-third street, two houses from the Opera House; I re- turned in about half an hour; when I got back Mr. Fisk had gone into the office; I went to see him about eleven o'clock aud was with him most of the time during the rest of the morning; at two o'clock a gentioman came in and gave him’an account of what had happened at the Yorkville Police Court; from two to three was at the office all the time; he left about three o'clock. FISH WANTED TWENTY DOLLARS, Q. How many pantaloons had Fisk? A. I never counted them; it was not my business; between three and twenty minutes past three he sent for me to his room to give him $20; he had a coat in his hand and I helped him on with it; I did not ere him the $20; I did not know that he had $1,500 in his pocket; I went to Mr. Comer, got the $20, and gave it to Mr. Fisk, FARMER AND SECRETARY. Q. What is Mr. Comer? A. He is a farmer in Goshen ; he deals in milk; I have seen his farm; he was also private secretary to Mr. Fisk; he was farmer at the same time that he was secretary, he and his son, & How many times a day have you had to dress Fisk? A. I never had to, sir; I have sometimes as- sisted him; frequently assisted him, Q. Did you see him put his cloak onin the house onthe 6th of January? A. No, sir; Idon’t know whether there are pockets in the cape or not, though I have put it on myself, Q. When did you ascertain that he was going out bd lay? A, About twenty minutes or half-past three. FISK'S VALET AGAIN, John Marshall recalled—I recollect the day when Mr. Fisk was shot; Iwas present when Mr, Fisk Was dressed on the 6th of Hen oe Q. Did he have any pistols on his person at that time? A. No, sir; there was no pistol either in his coat, pants or vest; 1 was not present when he went out in the afternoon, Q. Did you ever see Mr. Fisk have a pistol? A. No, sir; there was a pair of pistols given to him last June by Mr. Cooney; I put them in a drawer and I took them down to Long Branch in my trunk; Mr. Fisk saw them one day and said he did not want them, and gave them away; I travelled with him when he went out of the city. Cross-examined—Q. Did you do the dressing of Mr, Fisk every edi A. Yes, sir; sometimes Mr. Barbin would help Mr. Fisk put on his clothes; sometimes I would go into the bathroom or some- where, and then Mr. Barbin would help him put on his coat or vest. Q. What was his ordinary dress? A. An ordinary coat like this (standing up and showing that he was dressed in a cutaway business coat), Q. Did you sleep in the same house with him? A, Sometimes I did and sometimes in my own room in Twenty-second street; 1 would leave Colonel Fisk's about half-past eleven or twelve o'clock; he was home every night. NO PISTOL. Q. Had he got any aay pistols when he be- came Colonel of the regiment? A, They were never in the house, sir; his saddle and bridie, &c., were kept In the stable. Q. When he saw the pistols at Long Branch how was that? A. trank was open, and he saw them and asked me what I was doing with them; I said I thought he had given them to me; he aske me if I had not got a pistol, and I said, “Yes.” 3 Who igs ou that one? A. A friend of mine; Colonel Fisk then said, “What eure want three for?” and that evening Colonel ik gave these two to Mr. Sisson, @ detective at the Opera House; he sent me for them and gave them to Sisson; Mr. Sisson gave them to Brown; I donot know who Mr. Brown is, but I had seen him before with FISK'S COACHMAN RECALLED. Francis Houseman recalled. Q. Did you ever at any time previous to the bag a | 8e@ a pistol in Colonel k's possession? A. No, sir, Cross-examined.—Q, When the Colonel went out as head of the Ninth iment did you prepare his ‘horse for him. A. ree Haa he oy Rite in his holsters? A. * air. Did ee (is horse ready on the day of the riot, on jh of horse was not that day. July? A. No, sir; his out STILL NO PISTOLa, Francis Curtis recalled, J ra to sir; I did not see any pistol there, or at any pol byw passage [i Stairs and into the parlor. Ot, id you take off any of his clothing? A. I took off his cloak and his under coat; I don’t think his Vest was taken off while I was there; I drew down his pants, 0 a8 to look at the wound in the abdo- po not observe any pistol in his coat or Cross-examined—I had seen Fisk once before, tn Boston; when [heard the report I did not know what had happened and was anxious to know; un- ne} Fisk I did not know exactly what had taken place; aI went down stairs I did not think of looking for a pistol; I was impressed with the fact that the Colonel had not a pistol from— Mr. Tremajo—-I Protest against that being taken ct—Q. Were you present when Dr. Me Fite en bee Tripler robe he used cluded by the Court. THE PROBING. Dr. rien recalle . Is this probe the one that you used in_probin; Colonel Fisk’s wound? Yes, sir; Dr. Wood an myself used the same probe ; I have heard the testi- mony of Dr. Cowan. Q. Did you say to him that you had put a probe in eight or nine inches? A. 1 only said to him that 1 probed Colonel Fisk. you on that day see anywhere about the way or parlor & estoy A. No, sir. Q. Die Tou see Fis undressed? A. I assisted in taking ot inal era socks, boots, &c. Cross-examined—Q. Do you know Dr. Shine? A. Yes, sir; I had @ conversation with him about this matter on Broadway; I never told him that I thought that I had broken a probe in the wound, HOW MUCH OPIUM. Q. Did you tell him that you had administered pose Cay ‘120 minims of Magendie’s solution to the wounded man, and that Dr. Fisher had given a8 much more bythe mouth, and that you got frightened at the quantity ? onsiderable discussion occurred over this ques- tion, but it was finally admitted by the Court. A. I do not recollect any such conversation. Q. Did you et anything to him in substance like that?’ A. No, sir. THE PROBE BROKEN. Q. Was the probe then in the same condition as now? A. No, sir; the thread has worn off the screw and broken; the top end—not the end in- serted—was broken in an operation in Vandam street two years ago; the probe is now useless, be- cause the serew end broke off at the post-mortem examination on Fisk’s 3 1 was screwing it up tight for Dr. Marsh to probe the wound and trace the course of the bullet, when the screw broke. Q. How many times had you probed a gunshot wound before? A, Once before--a gunshot wound in the thigh. Re-direct—Q. Did you ever state to Dr. Shine that you had administered 120 minims hypodermicall to Fisk, and that Dr, Fisher administered as much more by the mouth? A. Iam positive I made no such statement; I don’t think I mentioned the pea teient toanybody except the physicians con- cerned, The Court adjourned until half-past ten o’clock this morning. THE SOUTHSIDE RAILROAD COL- LISION. Inquest Over Two of the Victims Before Coroner Whitehill, Brooklyn. An inquest was commenced yesterday afternoon in the Coroners’ Hall of the Brooklyn Morgue, touch- ing the cause of the death of Mrs. Nelson Row and her son, Frank W. Row, who were injured on the Southside Railroad in the collision which occurred on that line on the 4th of July, and subsequently died. Coroner Whitehill conducted the investigation before a jury of un- usual intelligence. Among the jurors were notice- able Colonel Charles W. Morton, ex-Alderman Cun- ingham, William W. Armfleld, Ed. A. Murphy, ex-Supervisor Marvin Cross, Dr. Cooper and ex- Sheriff A. B. Hodges. There were but few present other than the witnesses who were subpoenaed to attend. A passenger on the train from Rockaway, Mr. R. A. Braley, was the first witness examined. He testified that it was about five o’clock when the train on which he was arrived at the terminus of the double track, when the train ‘came to a stop. After stopping for fifteen minutes the train ran on the single track, and witness looked out of the window and saw a commotion among those whom he supposed were employés. There was evidently a great deal of excitement going on at the time; noticed a young man run toward the flagman and take the flag; witness then stepped out and saw @ man throwing sand on the track and @ man waving ared flag; heard a* whistle blow at the same moment (when there drewa diagram of the position of the trains at that time, which was shown to the jury): the train whistled twice in rapid succession; it was about half a minute after this that the‘ollision occurred; I think that if Conductor Lynch had sent a flag man around the curve no collison could have oc- curred, as the other conductor would have seen it; the flag man was standing about the centre of the curve when [ saw_ him; after. the collision I assisted in extricating Mrs. Row from between the cars. The witness re- peatedly asserted that it was his impression the diticulty could have been obviated had proper pre- caution been taken by the railroad company. rs. Row was on the platform, and no . one was hurt except those who were on_ the platform of the car. The Coroner asked the witness whether he recognized any of the employés of the Southside Railroad in the room? whereupon witness said he did, and inted out Conductor Lynch, who had charge of The excursion train from Rockaway, on board which he was a passenger on the Fourth. He did not observe Mr. Lynch assisting the wounded; he might have been about but witness did not see him; Conductor Lynch was perfectly sober and drank no liquor so far as he could judge. ir. John J. ameet was the next witness called, and testified that he remained in the car until the collision occurred; he heard two whistles blowing; could not say by Which train; he was standing up when the collision took place and fell on the seat; he corroborated the testimony of Mr. Rraley, Mr. John C. Kennahan testified that he was on the train which started from Williamsburg about five o'clock on the Fourth, and when near Long Meadow he heard the whistle blow; heard another sharp whistle to put down brakes, and, looking out the window of the second car, in which he was seated, he saw a number of people running across the lot, apparently from Lynch’s train; the collision occurred a moment after, and the shock was very slight; he was not thrown as far forward as he was when they first put down the breaks; did not see any flag before the collision, neitner did I see the other train; have known conductor Rathbone five or six years; should say he was sober when I saw him; both conductors and the officials generally appeared to be very busy after the accident in ministering to the wants of the passengers; they were so busy that they would not answer questions, while they quietly submitted to a good deal of abuse. James B. Curvediey testified that he was fire- man on the engine Rk. 0, Colt, on the Southside road, on the Fourth; when the train on which he was arrived at the double track they stopped about four minutes; the conductor, Mr. Lynch, came alongside the engine, and pulling out his watch, held it in his hand until the four minutes were up; he then said to the engineer, Thomas Cady, “Our allotted time is up, and we have a right to proceed;” the engineer then started the engine over to the single track; when the engine and one or two cars had got on the single track the switch man shouted out, ‘1 think I hear them coming!” the engineer then whistled “Down brakes! and blew three times to back up; the train would not back, when witness jumped of and sand on the track, ut it had while thus engaged he saw the other engine come up and collide with his train; it was not over two minutes from the time of the trainon which witness was leaving the double track until the collision took place; he didn’t hear the whistle until the turn around the curve, half a minute before they collided; there were five cars on this train; no effort was made from that train to ascertain whether the train from Williamsburg was coming, 80 far as he knows; witness said of his own knowledge he knew that in the four minutes they stopped on the double track they should have been in Bushwick; the up train was late; we were on time; the cause of the delay was to allow for varia- ais of watches, as prescribed by the rules of the road. ‘The Inquest was then adjourned until four o'clock this afternoon, when the jurors will re-assembie in Justice Eliiot’s court room, Brooklyn, E. D. NOVA SOOTLA. Hauirax, N. 8., July 10, 1872, The boat race at Digty between Fulton and Browne has been postponed for smooth water. Great crowds were present to witness the race. ‘The accommodations are poor. An English gunship has arrived at her ‘comin ander had asked for men to coast clear. ‘A company of wealthy Bostonians have purchased the furnaces, plant and lease of the iron mines at Clementport, n'a, and will commence work at once, cxceenretinpemninanan SUIOIDE IN BROOKLYN. Coroner Jones was notified last night to hold an inqnest over the body of Mr. James Van Ness, of Cypress Hills, The deceased committed cide aftern al cor- her ofA avevenae and jane. Kew 8. by, and jeep the JUDGE PRINDLE’S TRIAL. Evidence Touching the Bonding of the Town of y for the Prosecution Closed—Opening Speech for the Bespond- ent—General Denial of All the Charges of Corruption and Malfeasance. ALBANY, Juy 10, 1872 ‘The Senate met at nine A.M. No witnesses being present a short executive session was held, but no confirmations were made, ‘The trial of Judge Prindle was then resumed. ‘The first witness called was Judge Boardman, of the Supreme Court, Sixth district, as to an order alleged to have been made by him making allow- ance “to Judge Prindle as counsel in a wil case, The Judge testified that he had no recollection of the case, although the order was shown him. It appeared to have been a stipa- lation case, and he might have signed the order without examining the papers as to who were counsel. Witness was requested to examine his records, when he retired to send to the Senate a transcript of the case, if he found it. David L. Follett testified that Judge Prindle had intormed Charles P. Tarbell and others that he would appoint them Commissioners to bond the town of Smithville in favor of the Central Valley Rallroad, by which said Commissioners secured an undue advantage over the contestants, Isaac $. Newton testified as to delays in decisions on the of Judge Pringle, but in cross-exam- ination said that Prindie had been very careful and deliberate in making up his opinions and in ren- dering his decisions; he Knew of no case of unjust or unreasonable delay; he had known of several cases: rane, county judges fixed allowances for counsel, Silas L, Rhodes, one of the Commissioners to bona the town of Smithville, had signed bonds in advance of the decision and his appointment as Commis- ee iid had no knowledge of what the decision was to be. The prosecution here rested their case with the understanding that they could call up other wit- nesses who had been sent for, Senate then took a recess until four P. M. Evening Session, OPENING FOR THE DEFENCE. The Senate reassembled at four P. M., whem James W. Glover, of the counsel for respondent, proceeded to open the case for defence. He claimed that it was utterly impossible for & man holding both the ofices of County Judge and Surrogate ‘to do all the business, draw up ali the papers, &c,, and that the statute did not require it, Also that the few cases in which Judge Prindle charged for his services did not come within the purview of the Statute cited, As to Mr. Ray, who claimed to be a clerk in the Surrogate’s Omice, he was a practicing attorney, and there was no understanding between the Judge and him asto charges. As to showing contempt for the Board of Supervisors, Judge Prindle had proposed to meet them in the oniy way a igs of he hav- t t in gn, aogand fr ts dignity of hig once, them, to the charge there was an understanding with regard to appointing town bonding commissioners, Counsel said that was false and would be shown to be false. Counsel, in the course of his argument, quoted a number of statutes and authorities. He also referred to the fact that allthese charges had been published over and over in the county, and yet the people of Chenan; county last fall re-elected Jud; Prindle for the third time. ‘The most strenuous efforts, together with the use of money, had been made to degrade this man and his family, but it ‘Was not the people who asked his removal. It was a few vengeful people who have been vainly hounding and hunting him for Pb oe They have failed to convince the people of Chenango county that he was an improper judge, and now they came here hoping to meet with better success. Mr. Lewis S. Hays testified that Judge Prindle did not know anything about having the Smithville bonds printed. was a director in the road, and we decided to have the bonds printed and take the chances of having the Commissioners epptne® Witness detailed the circumstances of the case, going to show that there was no collusion on the part of the Judge. In cross-examination the witness said that he never told Judge Prindle that he would pay him anything if he would haere certain persons Com- missioners; he never thought of such a thing. James Hazara, one of the Commissioners 4} peas, said he had no knowledge that he was he appointed before the appointment was made. pl ed repeated the testimony of the preceding witness, Charles P. Tarbell, another Commissioner, con- firmed these statements. Andrew Lelia a director of the road, confirmed the testimony of the previous witness, Charles G, Bowdish testified to the fact ‘that in the case of the settlement of the estate of Leonard Bowdish he said he employed Ray as counsel, and all the heirs were satistied, * The Senate then took a recess till eight P. M. Night Session. Frederiek Merrill testified that when Hiram R, Humphrey came to the Surrogate’s office for letters of administration in October, 1869, neither Judge Prindle nor Ray was in the office; witness found letters signed with Judge Prindle’s name and filled them out; he charged Humphrey $2 in addition to the cost o: stamps. Humphrey had tes- tifed that he paid this money to Ray. Edward Webster testified that ne remembered the circumstances related by the last witness and reiterated them; he went out to buy the stamps. Charles W. Scott knew John Murphy; had had a conversation with him concerning an affidavit purporting to have been made by him (Murphy), and circulated Ghia ¢ the cam- paign last fall; Murphy said he had made no such afiidavit; I read the afidavit to him and he denied every word of it, but said he had made an afidavit which was different; the attidavit con- tained charges against Judge Prindle, Silas W. Perey ve testimony corroborating the testimony of the last witness. E. H. Prindle testified that, in the matter of his employment as counsel for the Greene Railway Company, he did not, as testified to by the witness Welch, first make out a bill for $500 and afterwards increase it to $1,000; he made _ but one bill, ang that was for $1,000; when Weleh first came he asked me for my bill; I told him I would) make it out and give it to him after dinner; he then spoke of making Judge Prin- die a present, and I told him I would speak to the Judge about his accepting it; 1 was boarding at Judge Prindle’s, and at dinner toid him what Welch said; there was nothing further said about the mat- ter; nothing was said about my bill by the Judge nor by me to him, On his cross-examination the witness stated that, he had had an account with Judge Prindle. The Judge had owed him some $400 and he owed the Judge for board. That debt ‘had been paid by the ‘To Senator Perry—Judge Prindle never got one cent of the thousand doliars I received; he had no part in making the bill. Charles Shumway, who had studied law in FE. H. Prindle’s oflice, testified to being present when Judge Prindie presented his bill; not a word was said about Judge Prindle at the time. James W. Glover testified that the services por- formed by Ray were worth all he had charged for them, he (the witness) having made an examina- tion of the matter for the purpose of getting up campaign documents in reply to an opposition document already published against Judge Prindle. The Senate then adjourned, | Judge. THE STRANGULATION OF MISS ELLIOTT BY HER MOTHER. ‘ gs Official Investigation—Statement of Mra. Elliott—The Jury Believe Her Insane. Coroner Herrman yesterday held an inquest in the case of Mary Jane Elliott, the girl, seventeen years of age, late of 133 Stanton street, who was strangled by her mother, Margaret Elliott, while the latter, as alleged, was in a doranged state or mind. The homicide took place on the morning of the 5th instant. Several persons living in the house, with Mrs, Elliott testified that she had acted very strangely during the last two or three weeks, and they thought her not to be in her right mind. Mrs. Elliott, the prisoner, a poor, forlorn, heart- broken looking woman, was called; and made an informal statement, in which she declared that her house had been surrounded by men, who threat- ened to throw her and her daughter trom the roof. ‘They would fire guns and cannon in the windows and around the house, and said they would blow them all up. These persons, said the poor woman, followed her through the streets exclaiming, “There goes Doll: ‘arden! Mrs, Elliott m: other strange and inconsistent statements, such as might have been expected from an insane per- son, : Dr. Tappan, who was called on the evening of the 4th to see Mrs. Elliott, who had no appetite and could not sleep. He prescribed for her, and after- wards deceased called at the doctor’s office and said that her mother was dwelling on the idea of being blown up. ‘was the first the doctor heard of any derangement of mind, LD nog testified that the girl died from stran- ulation. . : ‘The case was then given to the jury, who ren- dered the following “phat Mary J, Eliott caine to hor death b s , Elliott cat 0. pre cnt the hands of her mother, 4 lliott, at 188 Stanton stroct, on the bth day lay of July, 1872, and from tho testimony we be-~ Heve at the time of committing » deed Mrs. Elliott was in an unsound state of mind. We further end the Coroner to hold the ac- Sass Son’ ir persue ne uy r aut ies, aan aerial atari Gree tae of an of physician to the city prison,