The New York Herald Newspaper, July 12, 1872, Page 8

= 8 silanes STOKES. Plose of Testimony for the Prose- ,*, cution and the Defence, EVIDENCE IN REBUTTAL. wv The Doctors All Running a Muck---A » f Scene in Court. Counsel for fhe Defence Commences the Sum- nda Bp, at Does Not Comelude, Ton Points on Which Judge Tagraham is f Requested to Charge the Jury. The Case To Be Submit- ted To-Morrow. + EIGHTEENTH DAY OF THE TRIAL. ‘The crowids parted right and left yesterday morn- Ing at twenty-five minutes past ten o'clock near the inner door of the Oyer and Terminer Court to allow Mr. Justice Ingraham to go to the judgment Beat, from which he will, in all probabilities, before Yorty-eight hours have gone by, deliver his charge to the jury big witn the fate of Edward 8. Stokes, the slayer of Fisk. And there has not been in fifty years a charge de- livered in a court of justice which will be scanned ‘with so much eagerness, attention and criticism as the forthcoming charge which will come from the lips of Dantel P. Ingraham, whose name has been oonnected with the judiciary as a household word ‘for tho last generation of thirty years. Mr. Justice Ingraham is a tall, thin gentleman of jvery spare frame, who dresses always in black jbroadoloth. He wears the old atyle of stock, which must be avery uncomfortable appanage in these Gogdays, and his bosom shows a front of snowy linen. Above this stock Is a thin, pointed face, with ‘@atrong, lawyer's expression In the features, and ‘a thin nose, across the bridge of which gleams a pair of biue eyes. Occasionally there is a twitch in the Judge's face, and then the people in tho Court ‘who do not know His Honor get an idea that he is indulging in a laugh; but that is o mis- taken idea. Long, long ago, Daniel P. Ingra- ham graduated under the elms of Columbia College, and burned the classics, just as the wild young Knickerbockers do now annually, at Right. Fifty-five years ago, when Ingraham gradu- { in 1817, Columbia College was located in what ‘is now called College place, not a stone's throw from the present HERALD Ofiice. The Judge is older than the century, and thirty-four years ago he donned the judicial ermine of the Common Pleas; but in all these years he has never before had a case of the magnitude and overpowering interest of the Btokes-Fisk case before him, and, therefore, his Oharge to this Jury may welt be called the most @ventfui one of his whole life. It is possible that the charge may be delivered this afternoon but if Rot, it willbe delivered on Siturday morning, no doubt. Stokes, dreased in gray, came into Court under the charge of Deputy Sheriff Shtelds, at half-past fen, and immediately afterwards Mrs. Frances Stokes, the prisoner's mother, came tn and took a Beat olose to her son Edward. Miss Stokes was also in Court, and the father of the prisoner, a broken-fiown looking old man, dropped feebly into ® chair near his son. Two or three of Stokes’ Unclés, who are reported to be very wealthy men, Bat directly in the rear of their kinsman, and Watohod the proceedings very intently during the entire day. Mr. Sparks, the Clerk of the Court, yesterday Wore a white necktie and looked exceedingly cool, @0 much 80 that sweltering stenographers in his Vicinity seemed to regard him as a sort of provi- dential icebox to keep them cool. The first witness put on the stand waa a little, Good-looking surgeon, by name Dr. Shine, who is ‘well known in the city, and testified that he was a graduate of the Dublin University. This was the Man who killed Dr. Tripler, metaphorically speak- ing. Dr. Shine testified that within three weeks of the killing of Fisk he met Tripler in ® fruit store in Broadway, and that Tripler bad introduced him to the mysterious Eddy Morse, and that they. tried a drink together. Shine swore positively, and his testi- mony did not vary on the cross-examination by Mr. Fullerton, that Tripler told him that he had ad- ministered to Fisk either 110 or 120 minims of Ma~ ‘gendie’s solution, and that Dr. Fisher had given him One-third of a grain of morphine every two hours, and at the end of two hours they became so scared that they had to stop. On the cross-examination Dr. Shine sald that he had a conversation with Dr, James R. Wood, and that he was positive that that genticman said that Tripler had given Fisk either 110 or 120 minims of the solution. Pullerton here comes in with some remarks about alopathy and homeopathy, and thus the sub- Ject of that villanous probe was brought up again. If that probe did not kill Fisk it may perhaps kill some of the lawyers before the trial closes, Dr. Gordon Buck, a physician of thirty-seven years’ practice, was called, and he testified with a good deal of wisdom for both sides. Hypothetical questions were put to him for sur-rebuttal by Mr. Townsend, and the old gentleman's solemn face and perpiexed air while he was being hypothetica- ted was something to look at. Dr. Lewis Sayre was then examined for rebuttal, and the appearance of the jolly Doctor in court, ‘with his whiskers shaved off and looking like Mark Smith the comedian, made quite a sensation. Every one expected fan when the Doctor went on the stand, as it was understood that he was desir- ons of pitching into Dr, Carnochan, who, some days ago, on the trial, had in evidence doubted the skill and medical attainments of Dr. Sayre. Sayre, in @dition to his medical testimony, which was the same a8 that on his former examina- tion, desired to make @ personal ex- Planation, and in it he attacked Cornochan rather savagely. Tremain quickly stopped this line of argument, and Beach, the counsel associated ‘with Fullerton for the Fisk estate, replied to Mr. Tremain in his usual measured manner. The av- Gience, who were perspiring at 4 frightful rate, were giad of this scene, and several roared out loudly, to the great disgust of Mr. Justice In- graham, ‘until order was restored. Then Dr. Sayre went on to tell what he knew about the great ganglionic plexus, which was hurt by the ball, and after that the irate Doctor walked into Drs, Steele and Rufners for some old sore, and then he went down. Aman named Crockett was then examined, and said that he had only found one pistol, but his evi- dence seemed shaky and he was let go. Surgeon General Hammond, a large, fine-looking man, testified next, that the proper treatment of a wound of the intestines is to keep the bowels open, and that is attained by using quantities of opium; he had heard of half a grain of morphia being fatal nd had heard of one-tnird of a grain being fatal, and if he did not know the constitution ofa man he would be very caretul in administering Opium. Powers, the proprietor of the Grand Cen- tral Hotel, was examined, and so were Patrick Bart, Thomas Hart and the lad Redmond. Ail of these three young men testified with a parrot-like Precision that was truly wonderful. Henry Kel- lor, barber for the Erie Rallway people, was ex- amined and swore that he had scen a pistol in the pocket of Stokes, and immediately afterward @nother barber, named Retshcher, was put on the atand by Fullerton to prove that Stokes had a Pistol and that the witness had seen It, and had threatened to shoot some person with ft. Instead mf swearing to this the witness swore that he had die solution. s NEW YORK HERALD, FRIDAY, JULY 12, 1872—WITH SUPPLEMENT. not seen a pistol in Stokes? possession, and had nover heard him threstem to shoot any one with it. Dr, B, W. Howard testified that the probe in ques- tion, which he had examined, was broken as if from excessive punohing, and was decidedly dangerous to use on any one, Henry De Corley, the parlor man, was recalled and testified that he had a talk about the shooting with Patrick Hart, and that the latter said to him, “Henry, we can make plenty of money out of this;”” and, in addition, he said to witness, “I found the ball; 1t fits in thé pistol that was found on the stairs—the black pistol.” This evidence astonished the jury very much and made them look at each other, and it was manifest that there were two pistols in the case instead of only one. De Corley also wanted to testify that his em- ployer, Powers, had threatened to discharge him from the hotel. At the close of tho sur-rebuttal Mr. Tremain commenced to sum up in his most eloquent man- ner for the prisoner, and at the hour of adjournment he had been speaking one hour and a half, PROCEEDINGS YESTERDAY. As usual all parties connected with the trial— Judge, jury, counsel—the press of course—the prisoner ditto—were yesterday morning in their several places at half-past ten. of the Court, called the jury, and all answering to their names the case was at once resumed, the de- fence proceeding with the examination of wit- nesses, Mr, Sparks, Clerk The fret witness called was DR, TRIPLER, who was examined by Mr. Tremain and testified as follows:—Got the morphia that was administered to Colonel Fisk from Farwell’s; got part of the mor- phiain the form of solution on prescription and part as Magendle's solution; the portion obtained on prescription was administered by the mouth; the Magendie's solution he ‘administered subcuta- neously; he got an ounce of Magendie's solution; the prescription was four grains of morphia in two ounces of water; the dose was a spoonful; that would be a quarter of a grain to the dose; I my- self administered a grain of morphia in the Magen- There was a mistake in his previous testimony when he sald that a grain had been ad- ministered; he had mado his calculations while on the witness stand, and that accounted tor the error he had fallen into, DR. WILLIAM SHINE ON THE STAND. Examined by Mr. Tremain—I am a physician and surgeon; Iam acquainted with Dr. Tripler; within three weeks of the killing of Mr, Fisk Isaw himin Broadway, just below the Grand Central Hotel; he toid me he himself had administered 120 minims of Magendie’s solution; he said that Dr. Fisher gave him one-third of a pat of morphia every two hours, and at the en alarmed at his condition they had to stop. Did he say anything about the probe being broken? A. No. . CROSS-EXANINED, To Mr. Fullerton—Q. When were you detached from the Coroners’ Office? A. In 1871; served with Coroner Flynn as his Deputy for some two years, How did you happen to meet with Dr. Tripler? A. Inappened to meet him accidentally on Broad- way, and he then introduced me to young Mr. Morse; we went into @ fruit store for refreshments, and it was there we had the conversation on the subject of the post-mortem examination and treat- ment of Colonel Fisk-—— Mr. Fallerton interrupting—I see you wish to tell all you know, Just wait for my questions and keep to the fruit store. How long did you remain there A: About fifteen minutes, Q. And you partook of refreshments there? A. res, . Sitting ata table? A. No; standing at the bar, 3 What refreshments did you partake off A. I had ay Q. Who besides you and Dr. Tripler were present? A. Mr. Morse. Q. Did he participate in the conversation? A, He stood by and listened; the conversation was between myself and Dr. Tripler. - Q. Did you oe questions to Dr. Tripler upon the subject? A. Yea, Q. What questions did you hy to him? A. Tasked him about the mode of death; I spoke of the case as a curious one, . You interrogated him, then? . Just out of curiosity? A. No; know about it. Q. That was curiosity; are you cortain aa to the exact number of minis of morphine that he sald were given? A. Yes: 110 or 120 Q. Can you recollect which? A. No, . How can you recolect, then, that it was either? A. I know it was 110 or 120 minims— about four grains ora fraction less; I remember counting it up. 4 Q. How do you know that? A. My memory was relreshed afterwards when I met Dr. Wood in Jer- sey City, A. Yes. I desired to . Never mind Jersey. Confine yourself to the fruit store, How do you know how much was ad- ministered subdcutancously? A. Because lt was on my mind that it was four graips. Q. You'do not recollect exactly what Dr. Tripler said as to the amount? A. 1 do not; I am not positive, Q. Are you positive as to the calculation you made as to the number of grains of morphine he said were administered? A. Iam. Q. Tell us exactly the number of grains? A. Eithir four gratns or a fraction less. . Wasit four grains or less? are you positive which *¥ A. lam not. Q. When did you meet Dr. Wood? A. Some time after that. begin talked to him also on this subject? A. Yes. . Ont of curiosity? A, There was no curiosity in the matter, Q. To what school of medicine do you belong? A. ee to the Dublin University School—allo- pathic. Q. Is there a rivalry among doctors in this city? A. Yes, a good deal. Q. A kind of warfare in fact, waged among them? A. Yes, sir. AN ALLEGED BROKEN PROBR. Mr. McKeon—We now desire to prove that the probe used on Fisk was broken, and broken by persons using it very unskilfully. The prosecution produces the probe, and we propose to show that it was broken at both ends, and must have been in @ very imperfect condition when used upon Fisk. The District Attorney objected. The Court—If you have such a right at all it can only be considered after the prosecution is through. Mr. McKeon—Very well. REBUTTING TESTIMONY—DR. RUCK ON THE STAND. Dr. Gordon Buck examined by District Attorney. Q. You are a physician and surgeon? A. Yes; practising in this city for about forty years; wa physician and surgeon to the late New York Hos- pital, and was for some ten or twelve ‘ta physl- cian and surgeon to St. Luke's Hospital. Mr. Tremain—Let us know what you desire to prove by this. The District Attorney—You have been attempting to show that the medical treatment Fisk re- ceived was bad. We propose to show that it was the best of treatment. Mr. Tremain—You have already gone into the whole of the treatment and examined able medical men thereon, and endeavored to show that de- ceased died from the effects of the wound he re- ceived at the hands of the prisoner. On the other hand, we have endeavored to show that that is not true, and itis not competent for you now at this stage to reopen the whole case upon this particular point. ; The Court—The prosecution have shown the cause of Ceath, but you have gone on to show that the cause of de hing else. The case is fairly reopenes Mr. Tremain. 8 . You have treated for gunshot wounds your- self, and you are familiar medical writers who treat of the subject? A. Q. Is the surgeon's vade mecum good authority on that subject? A. Yes, sir, it Is. In a case wherea man is wounded by a pistol | pati passing Into the abdomen, wounding two small intestines and @ large intestine and then lodging in the region of the thigh bone, would you consider it good treatment to give the patient es when he was suffering great pain? A. Ina © case where a man is wounded by a pistol ball in the abdomen and passing through the Intestines I shonld consider opium as proper in the case of great pain, rather as @ palliative, for I should consider such | @ wound 4s ie describe almost necessarily dis- who rapped his gavel with emphasis | | #8 4 controlling means over the in astrous in itsel rellance in reducin, tion in irritation of t f; opium and its salts are our main | ma and subduing inflamma. he peritoneum; it 19 regarded flammation and the pain; another object aimed atin its uso is to check the peristaltic movement of the bowels; in administering opium in such cases we give larger quantities and at shorter intervals than in ordinary cases, and we deem it important to watch carefully its effects and suapend or lessen the dose; if the vain continued, that would be one reason for judg- ng the desired efect was not attained; the patient complatning of the pain would be one evidence that harcotism had not come on to any extent; if he woke up at half-past four o'clock and asked for water, and his pupil was sensitive to ligt, I should hot think he was so far narcotized as’ to be in danger from it. . CROSS-EXAMINED, By Mr. Townsend—Q. Suppose a healthy man re- ceives a severe wound from a pistol shot about five o'clock in the afternoon, and is enabled by support under each’ arm to walk up stairs, to assist in taking of his coat, and to answer questions promply put to bim, give his hand to friends to shake as they came in, with reason unimpaired, pulse seventy-six, respiration twenty-four, would you consider a man under such circumstances suf- Yering from serious shock? A, Not under the con- | ditions deseribed, Q. If, with the above symptoms, he gradually lapses into coma, being sensible when roused, and, this coma deepening, he becomes insensible, he can’t be awaked at eight A. M., pulse 190, and respiration eighteen, and dies comatose at thirty- five minutes past ten A, M.—dia he die of shock A. (Alter a long pause) I wouldn't prondunce tt e clustvely @ shock, though we know tke necessary effect of such # Wound is shock; your question does not include the nature of the wound nor the locality Of (ho Woumd—a Mere vistol Wound, of two hours they became s0 | wound is shook. acts as t A. Not , and did not think time enough had elapsed for ae itis to dev Di be would regard some the symptoms as t! narcotism, but not in a sense Bi into account the nature of the wound; in the parte involved in the wound and the inevitable peritonitis, would have bo age it proper to give oplam at ten o'clock that Suppose you knew that between five and eleven o'clock thirty minims had been given sub- cutant and thirty more by the mouth and of brandy. would that change your opinion? A. I should think there was @ nar- cotism, but not that it produced death; such a wound as you describe [ should consider to be certainly fatal, and should direct my treatment under that impression; a penetrating wound of the abdomen does not necessarily traverse the bowel itself; there are instances where @ sharp, penétrat- ing instrument has entered them an re has been recovery, but I hardly think that would apply toa bullet wound, To the District Attorney—I have known instances of recovery from bullet wounds in the abdomen where there was no clear evidence that the intes- tines were wounded; pallor, coldness and anxiety are symptoms of severe shock; shock, prostration, conta) are different shades of condition, all pre: ceeding from the same cause; there may be Nuctua- tions; stimulants may produce a temporary end it that is not sustained the man will finally die; in a wound of this Kind I should not regard anodyne or stimulants of any kind as affecting the general result; he died of the wound and its eifects, Q Did ie consider any of the opiates given as affecting the general result—death? A. No, Q. And what would on say the patient in this case died of—the wound as described, or the treat- ment as described? A, Ho DIED OF THE WOUND and Its effects, DR, SAYRE RECALLED, ™ To District SSFORNFe- have been in practice since 1842; I have about as much business as I can attend to; I have operated frequently in this coun- try and in London; I have lectured in both places, and my lectures bave been quoted with approval in many European medical journals, first in the British medical journals, and pace into Journals all over Europe; I have invented instruments for the treatment of disease of the knee, hip and ankle, and a probe for extracting bullets, which has heen eporally adopted; I have received “orders” from abroad, Mr. Tremain—What fs the object of this? Mr. Beach—Dr, Carnochan, your witness, first charged that the witness stole cdses from him, and after that gratuitously asserted, when asked if he had not stolen cases from Dr. Sayre, that he had nothing worth stealing—that he had never made a step in medical science, _Q. Have you received honorary orders from the foreign colleges? A. Yes. Q. From whom? Objected to and excluded. Q. Did you make an examination of this case? A. Yes, and was present at the post-mortem examina- tion; on the examination at the post-mortem thera were no indications of congestion of the brain from too much anodyne; a patient may partially rally from shook and still die of it; that 1a common. Q. Were you present when Dr, Garnochan was resent on the evening of the shooting. A. No; Dr. Carnochan was in the other room, but I refused to meet him in consultation; Dr. Carnochan did not see Mr, Fisk in my presence. Mr. Tremain—How far is this going to be allowed? The Court—As I understand it it is in contradic- tlon of what Dr. Carnochan testifled to. Mr. Tremain—In what respect ? A SCENE—THE DOCTORS AT EACH OTHER AGAIN. Dr. Sayre (excitedly)—He said I stolo cases from him; I never stole anything from any man. He talks of stealing cases as he would steal dry goods from cases at Quarantine, (Sensation in Court.) Dr. care (rising) —I demand the privilege, - Your Honor, of a PERSONAL EXPLANATION, Mr. Tremain (thundering out his protest against the unseemly scene)—Your Honor, we are not here for the purpose of trying personal matters between these doctors. This is not the Court to determine their quarrels, and I cannot let this proceed with- ; Lobject to any inquiry being held here Dr. Carnochan, Mr. Beach—Your witness, Dr. Carnochan, volun- teered to assail and calumonlate a brother practl- tioncr, and when asked whether he retaliated on Dr, Sayre replied by saying Dr. Sayre had nothing valuable to steal; and lt is reply to the causeless calumnies of such a witness as Dr, Carnochan, Dr, Sayre—Thank you, sir. Ali the counsel for the ‘prisoner rose stmnita- neously. Mr. Tremain, in great indignation, pro- tested against these attacks on Dr. Carnochan, The defence protested against being made partics toacontest between two doctors, He protested against turning THE COURT INTO A BEAR GARDEN to determine the controversies between gentlemen of the medical profession. case of life and death, and not to try matters as re- lating to quarrels between these medical geniie- | Men. Mr. Beach—It was drawn out by your own wit- ness in an attempt to disparage the character and professional ability of the witness on the stand. The Court—We have nothing to do with any en- mity that may exist between these men. Sayre—There is no enmity; but to charge me with stealing cases from him—— Mr, Tremain (interrupting angrily)—Your Honor, is this witness to override the Court? It is highly improper for a witness to assalla man in his ab- ‘allerton—Dr. Carnochan assailed him in his absence, Mr. Tremain—You drew it out on cross-examina- tion, and did not protest against it. Judge Ingraham put a stop to the unseemly broil by excluding the question. Q. You saw the patient before and after Dr. Car- nochan saw him? A. Yes; there was no stertorous | breathing when Isaw him; [refused to meet Dr, Carnochan. Mr, Tremain—I object to this again—to this man Xhibiting his malice here in Court. Witness—There Is no malice. The Coutt—I will put a stop to this, questions only. mediately after Dr. Carnochan came from eee the patient was did Dr. White go Answer the Q the roo in? did he know what he was about, and did he talk to the doctors? (Objected to.) Q. State what was said or done by Colonel Fisk when you went into the room after Dr. Carnochan had left. A. Colonel Fisk said that he wanted Dr, White to attend him, and wanted Dr. Wood and myself to be consulting physicians, and on that ac- count the others were dismissed, one of whom will not be mentionéd by me again. CROSS-EXAMINED. By Mr. Townsend—Q. Is hip disease your spe- clalty ? A sir, it is not; I have written on r subjec Ih treated a great number of cases of hip disea: . Fisk's eyes were not ab- normally contracted; they contracted under the influence of light. Q. You say that you have patented — Dr. Sayre called on the Court to PROTECT HIM FROM INSULT; he considered that an insult to him; he had in- vented certain things; he never patented one; some of my Inventions have been questioned, but my priority was acknowledged; I had trouble with Dr. Rootes and he was expelled from the profession for dishonorable conduct; I had trouble with Dr. Steele; he has no retraction of mine in his posses- sion unless it is a forgery. To the Court—The great ganglionic plexus was injured by the ball, ‘o the District Attorney—Dr. Carnochan’s name 18 not in the Medical Register. MR. FRANK CROCKETT RECALLED, Mr. Crockett was recalled and asked whether any other pistol was found than the one produced? A, 1 saw no other pistol; | looked for one and got an- other man to look for one; I looked through the hall; Lsent Rothwell to look in the halis below; I found but the one pistol. TESTIMONY OF DR. HAMMOND. To District Attorney—Dr. William Hammond tes- tifled—I was not called into Colonel Fisk's case; I have had a very large experience of gunshot wounds; in the way of observation I have had larger ofa wound of the intestines is to keep the bowels as quiet as possible, and that is attained by the use of large quantities of opium; I would give enough in the first place to keep the bowels quiet, and then enough fo relleve the pain and prevent shock; I have frequently given two or three grains of opium every two or three hours; I should be willin, to ‘ive ten or twenty drops of Majendie’s solution every two or threo hours, perhaps more, as he was a streng man; if the pain continued I should scarcely put a limit to the amount; with t ‘ymptoms you state [ should not consider there was opium potsoning—but 1 did not see the case; I have seen one case of opium pene where tne patient's respiration kept up ‘0 sixteen or eighteen, but that was exceptional; If hie pulse Kept up to seventeen till ten o'clock 1 should not think there was opium poisoning. Cross-examined—Mr. Townsend presented to the Doctor the condition of Mr. Fisk as developed bj the medical testimony, and the Doctor resumed— should think that was shock, and I give my reasot for it; I here state that the two grains of morphia ia a dose which, under certain circumstances, would kill him; he would become comatose at once, and that would have steadily deepened until death; his waking up, at half-past four would seem to show that it was not morphia; if 110 minims were given hypodermically, and one- third of a grain per hour by the mouth, then I should think it was morphia; the smallest amount of morphia I have seen act fatally was half a grain; Ihave heard of ohe-third of a grain being fetal; if I did not know the constitution of a man I should administer opium very carefully. To Mr. Garvin—If the last. morphia was given at eleven and he woke up at half-past four 1 should not think his death caused by morphia, ADDITIONAL REBUTTING TESTIMONY. was In the hail of the second story of the hotel soon alter the shooting; T did not make any particular examination for a pistol: the hall was light enough togiave seen one had it been there; Ldld not see one, Patrick Hart, recalled—I was up in the hailwa; after the shooting: I did not see any pistol there Went down to Colonel Pisk to help bim up; I did right to allow nim to | We are here trying a | than perhaps any other man; the proper treatment | Mr. Hollis L, Powers was #worn and tesitfed—t | | | | | It alls I calked with Henry about sis tie only time talked with him Did tell Min that the had the bail, and it Aittd the black but, woulan't At the white’ pistol? A. I didn’t say it to him or to any one. Redmond was recalled and testified he went up to the hell; he didn’t see any Thomas Hart was recalled and testified—After went through the balls T aid. not. see any pistol; [ went e hall; not 3 left Redmond a few seconds before Colonel Fisk came in; I put down the globe at the door of No. 220 just before the shooting; I picked it up when I ‘came u! onal i Henry Keller was sworn and testified :—I ans barber; I know Edward 8, Stokes; I have kno him four or five years. Q. How long hias he carried a pistol? A. I don’t think I ever saw him without one; I have seen it in his pocket and out; I have seen him ley it on the tabie; I did not see him tako it out at the Fifth Avenue Hotel, but I saw it in his pockét; I saw him take it out in the Grand Opera House in my anton it was in the spring; my journeyman was there; he shaves Stokes now, To Mr. McKeon—Q. Who is your landlord? A. I haven't got any; I am there to accommodate the ee people; Tknow Bardine; he didn’t shave the le people. John Reisicher testified that he kept a saloon, but was before a barber at the fifth Avenue Hotel, where he saw Mr. Stokes and shaved him; he never sew him have a pistol, To Mr. Fullerton—I had a little He ac with him; Icouldn’t tell very well what I said; he wanted to frighten me. . What is the substance of what he said about a pistol or shooting? A. I couldn’t tell, sir; it was some year ago, and I couldn’t tell whether it was shooting. The Court then took a recess. After the Recess. The Court having reassembled the prosecution Proéecded with thelr case. THOMAS HART RECALLED, Q. When Mr. Tremain asked you that you did not see Mr. Stokes come up stairs, how was that? A, While I was washing the lamps; I went to the closet for a sponge two or three times, s ne, istrict Attorney—That is our caso, Your lonor. ‘The defence then put in the following additional testimony :— Patrick Hart, recalled—I do not recollect saying to Henry that Thomas and myself would make plenty of money out of the case, THE ROBE AGAIN, Benjamin Howard recalled, . Look at that probe (chowig the probe with which Dr. Tripler operated on Fisk), is it perfect or imperfect? A. It is imperfect, Q. In what respect? A, The screw of the joint is broken, the same that it might be through exces- sive punching; the eye part of the instrument is nlso broken; in a proper condition the probe would haye an ovold termination, Q. [tis stated that it was broken at the post- mortem examination; would not great force be re- quired to break it? The Court—That is scarcely rebutting testimony. 9. In that condition would you consider it safe to use to probe a wound? A, The robe might become entangled and drop Into the wound; the other or jagged end might also cause hemorrhage; these accidents would increase the shock, Cross-examined—If the thread were not perfect I do not think the probe could be fastened together, Q. If it were not broken on the 6thof January it would not produce any bad effects, would it ? A. No, ir. Q. In what instances have you used the reverse end of the probe ? A. When passing a seton, or, in fact, in any case ; I would not probe at all for a gun- shot wound in the bowels; a skilful surgeon would not, I think, probe for such a wound. Q. Do you think Dr. Wood would use an imperfect probe? A. I can't say, sir. THE DOSES OF OPIUM, Darius G, Farwell sworn, Q. What is your business? A. Apothecary, at the corner of Broadway and Amity street; I carried on business there on the 6th of January last; on that date I received prescriptions from Dr. Tripler. Q. What is the first prescription? A. Fourgrains | of morphine in two ounces of water; directions: a ‘Ivate quarrels between this witness and | : dose, a teaspoonful; a teaspoonful would be a quarter ofa grain; there is another prescription tor a pint of chloroform; there was also verbally ordered halt an ounce of Magendie’s solution at one time, and one ounce at another, but I don’t know whether it was Dr. Fisher or Dr. Tripler who or- dered lt, MORE ABOUT THR HARTS. Henry D. Canley recalled, Q..Do you know Patrick and Thomas Hart? A. Yes, sir; Thad a conversa- tion about the shooting with Patrick Hart; as well as l recollect he said to me that he and Thomas Hart would make plenty of money out of it; he also sald that the bullet found fitted Stokes’ pistol, but not the other pistol that was found, Cross-exam{nod—This conversation was in the hall; I can't say how long it was after the shooting; I think it was an hour and a half or two hours, Q. Who was by? A. There were 80 many folks about T could not say; I think it occurred between the reception parlor and the ladies’ staircase. Q. Did you talk with anybody else about this shooting that evening A, Oh, yes, sir; but Ido not recollect their names; 1 do not recollect what L sald to them; the first time I mentioned this mat- ter was last Sunday, and I spoke to Mr. H. L. Powers about it, , Q. Did not Hart say where this other pistol that the bullet would not fit was found? A. No, sir; he dia not say who found it. Q. Have you talked with Mr. Dailey about this? A. Not directly; he asked me something about tt; that was only one time. Q. Where did he ask you? A. At the Grand Cen- tral Hotel, Redirect—You made adirect statement to Mr. Powers, you say? A. Yes, sir. Q. And you made n full statement to him of all you knew, How did you come to make itt Objected to by Mr. Beach. Mr. Dalley said he offered to showethat the wit- ness had been threatened with discharge by Mr. rockett, at the hotel, because of his former testl- mony, and that he had therefore seen Mr. Powers, on his return from Vermont. ‘The Court Mr. Dailey—No, sir; that is all. A pause of five minutes succeeded, during which the room buzzed with excitement, while the table of the counsel was moved to enable Mr. Tremain to face the jury directly. A supplementary desk ‘was also dragged round, upon which were ranged a formidable list of law books, THE SUMMING UP. Mr. Tremain then drained a glass of water and began to sum up. He began by making the follow- ing LEGAT, PROPOSITIONS, ° which he desired that the jury should be charged by, the Court :— First—That the jury should not find the prisoner fan y of murder unless they are satisfied that he illed the deceased with a premeditated design to effect his death; that the deceased died from the effects of the pistol wound; that there was no justifiable cause for firing the pistol, and that at the time of firing the prisoner was not insane, Second—That the jury should not find the prisoner guilty of murder if they entertained a reasonable doubt upon any or all of the questions involved in the-first proposition above stated. Third—Tent if the jury entertain a reasonable doubt upon the question waether the deceased died from the effects of the pistol wounds or either of them, or upon the question whether the homicide Waa juatifiable, or upon the question whether the prisoner was of sound mind at the time, they should not convict either of murder or manslaughter in any degree. Fourth—That before the jury can convict of mur- der they should be satisfied that the case is not one of justifiable homicide or of manslaughter in either of its four degrees, Fith—That upon the facts in this case the jury have no right to convict of murder in the second degree. : Sicth—That they have no right to convict of man- slaughter in the firat degree. Seventh—That they have no right to convict of Manslaughter in the second degree. Kighth—That if the jury should find that there was no intention to kill, that the homicide was not justifiable, and that the prisoner was not insane at | time, they wo iid have the power upon the ‘acts of this case to convict of manslaughter in the third degree, if they were satisfied that the prisoner was in the heat of passion when he fired. Ninth—If the jury should find that the killing was not murder, nor justifiable homicide, and was not embraced in the statutory definition of manslaugh- ter in the first, second or third degrees, they may ona Rad prisoner guilty of manslangiter in the fourth, Tenth—The killing of the deceased would be justi- flable and the verdict of the {uty should be not guilty provided they should find that at the time of the firing the deceased had a pistol in his hands and was riled preparing to fire at the pris- oner, and the prisoner believed he was in imminent danger of losing his own life or of sustaining great vodily harm trom the firing of such pistol. GENERAL CHARACTER OF THE CASE. Mr. Tremain then made the usual compliments to the jury and followed by gre oon | upon the duties aud responsibilities of the counsel for the defence. The prisoner alone and single-handed was strug: gling for his life against all the power of the Com- monwealth, The police force and the treasury was alike at the command of the District Attorney, and in addition to the influence that gentleman de- rived from his oMicial position he bad been sisted by two of the most learned and able gentie- men in the profession. The prisoner had but one hope of escape and of being saved, and that was by the power of the trath, In no case that he had ever been engaged, had he felt so impelled to entreat the jury to cast aside from their minds the testi- mony atthe Coroner's inquest and the editorial comments of the newspapers upon it, At the Inquest the Thomas Harts and Patrick Harts and others had been used to influence the public mind, and there had been sown broadcast the impression that the prisoner had tracked Fisk from the Hoif- man House to the Grand Central Hotel, and had formed a premeditated design to kill him, Thus the prisoner had been hunted down by the hounds of the organized conspiracy against which he was con- tending, and which had been endeavoring to strike him down, while for six long months he had been cut off from all active communication with the public and had had his lips sealed by his own conviction that by silence alone coald he save his witnesses to | the trath from being tampered with by his enemies, WHAT THR NEWSPAPERS HAVE DONE, Mr, Tremain then laanched out into an attack upon the newspapers for publishing the accounts Have you anything more, gentlemen ? | | that such was the law. ofthe preliminary. e) tions In Chis case, and cl that every had rinted a re} the xaminat ne editor 7 fad rondered to punishment. ition he supported bys formidable array of all of ich were drawn from this cage was the poisonous and insidious tuanence of these previous publications, snion although they might have inténded te be falr and impartial roduced some impression upon the mind of the if . He, therefore, warned them to discard ut- rly any such influences, THE DUTY OF TRE JURY ‘Was to pass upon every question of fact involved in the case, and there was no power on earth to cor- rect any error the; ht wake in their judgment. Tn civil’ cases the judge iad the power to set aside a verdict, but the rule wag differ. ent in criminal causes, though Governor Sea- man had recommended certain modifications of ; this practice to the Legislature, A case had re- cently gone up to the Court of Ap) is where @ man had been wrongfully convicted of murder in the second degree, and where, although the Court had clearly stated that the verdict was unjust, they had no power to grant a new trial, and the man was now serving a term in the State Prison, Thus twee sala that the jury were the last tribunal in case. THR LAW MERCIFUL. All the bearings of the law were in favor of the prisoner. He denied altogether the theory ad- vanced on the other sido that tne law was merely an_ intellectual entity, destl- tute of hnmanity. m the contrary, tho law always leaned to the side of the prisoner, and many improvements in this respect had been made in modern times. Queen Mary had been convicted by a Star Chamber tribunal in her absence, but we had now progressed beyond that, and had even reached the point, a few years 850: ofallowing the prisoner to testify in his own defence—the greatest right, he thought, that a prisonor could have when it was combined with the privilege of re- fu to a in his own behalf without Inference being drawn against on that account. To a guilty man the ordeal of exam- ination in regard to the crime would be the'most terrible that he could sustain; for the jury would soon detect the truth from hia manner, whereas an innocent man enjoyed the advantage of tolling his story. DOWNFALL OF THE RING. Mr. Tremain concluded his Brett asy, remarks by expressing his satisfaction that a great change had been recently effected in our public affairs, which inspired him with the hope of a fair hearing. Look at the history of the last two or three years, said he, You find the Erie Ring, that power with which the deceased was so intimately identified, of which he was the right arm, Doing pos- of the session of the law-making power State. The Classification act was passed by the ald of that Ring and of its polleioss supporters, whereby the men who were hen in power, whether they had stolen power or not, were perpetuated in their places and all efforts to strike them down made uselesa, A law had also been passed by this same power conferring upon four men in this city imperial authority. All power te belonged to the people had been given 0 this despotic cabal. New hand ‘ork laid, bound and foot, at the feet of this cabal and its supporters. The chief of this cabal was authorized by law to designate nine daily and nine weekly papers for the government patronage—an immense source of revenue—and the press, with a few honorable ex- ceptions, were thus subsidized. REFORM. But the time came when the people demanded re- form. The cry of reform was heard. Honest and honorable men of all political parties came out and declared that this state of things should no longer exist. One man connected with the legal profes- sion, who had led @ Iife of legal usefulness, illu- trated by integrity and an honorable career, came forward, sacrificing all associations and political aspirations, and, placing himself in the front ranks of this great reform movement, said:—‘I love country with all its fauits, and come what may. stand by this meet reform movement; for, in the language of Luther, I can do no less, 80 help me God! That man was Charles O'Conor, who has done more to honor himself and his coun- try than if he had been elevated to the office of President. This reform swept on. Fisk fell by circumstances which it 1s unnecessary to indicate, The dissolution of the Erie Ring followed. The other ring associated with it received its-death blow. The Classification act also fell, and to-day I appear before you, enjoying the freedom of speech secured by the constitution and with my constitu- tional prerogatives ag @ member of the ane can bar, 2 piead for this prisoner. nthe lmited range of facts allowed he law, I can gather suiticient proof to show that the homicide charged upon the defendant was tho natural result of a gigantic conspiracy setting at defiance all laws human and divine; if, in truth, or in the crazed belief of the prisoner, he was compelled by an irresistible law of his being to fire his pistol; if he was the victim of an insolent annoyance that knew no law except its own will and brute force—if I can do this and fail to denounce the conspirators in that unholy enterprise, may my right hand perish and tongue cleave to the root of my mouth. now at a time and under circumstances when I have no fears of this cabal, althor 1 see the indl- cations of its existence all around me. I rejoice that we have nothing to fear from it, and that we can calmly survey the field, and judge Stokes by the light reflected by history and by trath, At the request of Mr. Tremain Mr. McKeon read the indictment. MURDER OR WHAT? Mr. Tremain then proceeded with his argument by reading the definitions of murder in the first and second degree, of justifiable homicide, and of the four degrees of manslaughter, making running explanatory comments. He claimed that it was not a case of murder in the second degree, but must elther be murder in the first degree, or justi- flable homicide or manslaughter in the third de- | ed The crime of murder, he said, must. com- bine the following features :—First, that the killin, should be the result of a mortal wound; second, that the wound had been inflicted with the pre- meditated design to effect death; third, that the killing had been committed without JustiNable cause or excuse, and, fourth, that the wound must he inflicted by a person of sound mind and memory, responsible for his acts; a free, | agent, conscious of what he about and knowing that what he 1s about to do is wrong. WAS THE WOUND MORTAL f Mr. Tromain said he would discuss, first, whether the wound inflicted by the prisoner was the one of which Fisk died on the 7th of January. The proof leit a reasonable doubt that he did not die from that wound. It was not enough for the prosecution to prove that Fisk would probably have died of that wound, but they must show that “it was a mortal wound and that it was the direct cause ofdeath. If it turned out that death might have been caused by malpractice or by the joint action of malpractice and the wound, then the prisoner was not liable for the homicide. He might adduce innumerable authorities in aoppore of this proposition, tut it would be admitted the prosecution ir. Tremain, however, instanced several cases in point, and Wweut on to say that Fisk, in spite of his wealth and position, fella victim to gross malpracti Tho two per- sons immediately in charge of him, Drs. Fisher and Tripler, exercised their probing powers with a dili- gence, which was indicative of the groasest igno- rance and that they had also administered exces- sive doses of a deadly poison to their patient. At this point, on the suggestion of the Court that the counsel could stop whenever he wished, the summing up was broken of, and the Court ad- journed until this morning, at half-past ten o'clock. m: eal RURAL JERSEY JOBBERS, Meeting of Essex County Freeholders= Open Charges Against a Contractor and Committeemen, The regular monthiy meeting of the Essex County Board of Chosen Freeholders was held yesterday in the Court House at Nowark. The Committee on the Central Avenue Bridge, as ordered ata previous meeting, submitted a report of the plans and speci- fications. It was signed by four members, Mr. Peck, of East Orange, refused to sign, and in stat- Ing his reasons for withholding his signature made some charges of a rather startling nature and seri- ously reflecting on the contractor, a man named Thomas McGrath. Mr. Peck said that the committee, all but himself, declared that no other man but McGrath could do. the work. For his part he was satisfied that McGrath had done some very poor work before for the county. The Chapel street bridge, built by him not eg since, had commenced to tumble to piece: and the county, through McGrath's conduct, prould have to WHISTLE FOR $10,000. Mr. Peck heyhey that a committee to investigate the matter ought to be appointed. Mr. Farmer, the presiding officer of the Board, concurred in a por- ton of Mr, Peck’s remarks, He thought the Chapel street bd was very poorly constructed, and hé expressed his surprise that any committee could have reported favorably on it or allowed such mis- erable work to be done. Mr. Peck also stated that the work so far done on the Central avenue brid, was already tumbling to pieces, The cost of this bridge is to be about $65,000, Mr. Taylor, counsel to the Board, gave it as his opinion that the com- mittee having overshot its authority and ordered two walls to be constructed when only one was au- thorized the county could not be held Hable for any loss that might take place on the work overdone. A NEW PENITENTIARY. The Jatl Inspection Commitéee reported that a site had been selected in Caldwell township for the new penitentiary. The sum of $18,831 was appro- priated for the purchase of such site, The commit- tee was authorized to ae plans and specifica- tions for the necessary buildings, HUNG HIMSELF ON A ROOF. Yesterday morning the body of John H. Levey, @ Man thirty-nine years of age, was. found hanging by the neck on the roof of premises 551 Second ave- nue, life being quite extinct when discovered, De- ceased was much embarrassed pecuntarily, and | while in @ depressed state of mind determined upon self-destruction, Accordingly proceeding to the roof Levey ascended a platform used for drying clothes, secured a clothes line around his neck, after first fastening one end to one of the platform | posts, jumped off and waa soon & Corpse, death en- i mu Oe Strangulation, Coroner Keenan was Of ‘The Orangemen will parade to-day for the par- pose of keeping up & custom that has long beon it use in the North of Ireland. Since the establigh- ment of the Orange Society 1n 1775 the spirit at teask which gave rise to these parades has been rampant, It was the glorification of one clique of Irishmen oyer another, and the salve for their consel waa the religious fanaticism which they made cloak to cover tho ebullition of the meanest stincts men can be cumad with. There never be an effect Without a cause; but aften, wheat the motive has disappeared, weak and prejuaccel minds still cling to results of which men of sense are ashamed. 4 Why, then, is it that we are to have an Orange Parade in this city, so many thousands of miles away from the scene of the original troubies? Why,’ also, should we have opposition from Cat! pc §o hess roused: Serinnetranont te ¢ first point, the Orangemen who propose rade have not been in Ireland since tne more reorat bitter times have set in, and now i é that the old times are not gone by forever. to the seq, ond, the same answer is orananle: ‘ But it is pretty certain that there will beno graceful exhibition on either side to-day, and credit of this is duo to the good sense of Orangemen and Irish Catholics, The issues in Ire- land which ve rise to these scandalous Cae are dead, and no parading, no flaunting of colors Na, ol tunes can resuscitate them. It will take ut a little time longer for both sides'to learn thia, During the past year this question of the 0: rade been so much ussed that wisdom as been gathered from opposing counsels, and, 90 far as can be learned from the best authori Catholic Irishmen mean to-day to be good-natul nimous and brotherly with their Protest ORK EEER, Cel the hopa that here, a3 weil asin the mother land, there snall be no strife be- tween them except in good wishes for the welfare of all, THE PROCESSION will form on Lafayette place at eleven o'clock, the right resting on Eighth street, and will move a§ half-past eleven. ‘The line of march will be thro Lafayette place to Eighth street, to Broadway, Union square, around Washington’s monument te Fourth avenue, to Sixteenth street, to Irving place, to Lexington avenue, to Twenty-third street, te Madison avenue, to Tenth street, to the Bowory, and to the Orange headquarters, at 327 Bowery. Well as can be ascertained ‘ THE ORDER OF FORMATION will be as follows:—Prince of Orange Lodge, No. 1, William McGee, W. M.; Derry Walls hea No. James Hale, W. M.: Chosen Few Longe jo. 3 Ham Nixon, W. ; No Surrender Lodgo, No. § James Wilcox, W. M.; Gideon Li , No. 10, J Johnston (who was master of last year’s prooce sion), W. M.; Joshua Lodge, No. 11, Captain Joha Fullerton, W: i; Schofield Lodge, No. 18, Francia Schofield, W. M. Lodges from adjacent cities aré also expected to put themselves on exhibition. Tho Police Arrangements. Although the greatest secresy was maintained yesterday by all the officials at Police Headquarters, the following sketch of the intended movements of the police was obtained:—Superintendent ‘Kelso called all the captains in the force into his private room, an@ gave each one separately instructions about the Position he was to take up to-day in the event of a disturbance. At six o'clock this morning the entire force of the | city will assemble at Police Headquarters. These will be divided by two battalions, One division, consisting of forty companies, preraene aye Bien will be sent at half-past ten o'clock to_Lafayet! pee ‘with a squad of mounted police. These wil form the escort to the procession, and wi be conducted by Inspectors Walling an@ McDermott, as Colonel and Lieutenant Colonok. with Captain Copeland as mablitery: director. wd will form in the following order:—The mounted lice, Inspector Walling, Inspector McDermoth, Carats, Copeland; first company of police, under Captain lopeland, of the Twenty. ninth precinct; reporters, detectives, The Orange procession, which will be flanked on eithor side as follows :—On the right, the Tenth, Eleventh, Tweltth, Thirteenth, Fourteenth, Fifteenth, Six- teenth and Seventeenth companies, under Captaing Cameron, Gunner, Caffrey, Williams, Killelea, Hed- den, Garland and Davis; on tho left, the Second, Third, Fourth, Fifth, Sixth, Seventh, Kighth and Ninth, under Captains McCullagh, Washburn Tynan, Murphy. Bennett, Clinchy, Byrnes an Saunders. Captain Petty, of the Thirty-first precinot, will bri up the rear. The Second battall which will be held in reserve, will be comman by Inspector Dilks, and the various companies will be oficered by Captains Van Duzen, Ward, Wil- amson, Ulman, Petty, ah Mount, McDon- nell, Walsh, Allaire, Leary and Cherry. ‘Tho Firat mounted squad and a part of Captain Williams’ mounted police will act as aides-de-camp. The en- tive detective force, and all the detailed men in recincts will be under the command of Captaia irving, who will use a portion of his force as scoute, The military will be called upon to guard the Police Headquarters in the event ofa riot. THE BATTLE OF THE BOYNE, Sees . Ulstory of the Event which the Orangee men Commemorate To-Day—The Scene of the Battle—Tho Result of the Victory. One hundred and eighty-two years ago the famous Battle of the Boyne took place in Ireland. It was an event which, from the comparative smaliness of the numbers engaged and siight losses sustained by the combatants, would now be regarded as inaig- nificant, yet which, measured by its consequences, deserves to rank among the decisive batties of the world. In order to obtain a clear idea of the chare acter of these results it is necessary to glance briefly at the scene of the conflict and to refer fora moment to the events by which it was preceded, - COUNTY MRATH, aol in which the battle occurred, is not only one of the most beautiful districts in Ireland, but is uncom. monly rich in point of historical asspciations, Through the midst of it flows the River Boyne’ whose banks, in many places abrupt and ruin crowned, remind the tourist of the castled steeps of the Rhine. At the mouth of this river St. Patrick landed on his first visit to Ireland in A. D, 48%, and at Telltoun, about fifteen from the shore, 1s the scene of the confict said to have occurred be- tween him and Leoghaire, the last of the pagan kings. Not far from here is Tara Hill, once capital of Ireland, but whose _maguificence is now only a thing of the past. Within sight of fone are the famous barrows or sepulchral mounds Knowth and Nero Grange, hundreds of feet im height, and poe the oldest Celtic monuments in the world. Of more modern interest are Trim, the residence of Swift, and Dangan Castle, the birthplace of the Duke of Wellington. DROGHEDA, atown of about twenty thousand tnhabitants, is situated at the mouth of the river, and has aa eventiul history. Its ancient name was Drochat- Atha or the bridge over the ford, for where the railway viaduct now spans the stream was form- erly a lord, passable ony at low water. Drogheda was formerly surrounded by a wall, ruins of which may still be seen. Outside the gate is a mou called Cromwell's Mount, where he planted hi cannon when he besieged the place in 1649, It was rrisoned at the time by 2,300 soldiers, mostly nglish royalists, under Sir Arthur Ashton, & wooden-legged veteran of the Parliamentary wara, and the assault took place at sunset on the 1th day of September. Cromwell's own despatches give a very vivid picture of the scene and the hor- rors that ensued, ‘The besieged,” says he, “at Orst disputed it very stiMy with us. But altho our men that stormed the breaches were forced retire, yet, being encouraged to 1¢cnew thetr loss, they mad@ A SECOND ATTEMPT, wherein God was pleased so to animate them that they got ground of the enemy, and by the good- ness of God forced him to quit his intrenchmenta. Divers of the enemy retreated into Mill Mount, a place very strong and of dificult access, being ex- ceedingly high and strongly pallsadoed. The Gov- ernor, Sir Arthur Ashton, and divers considerable persons being there, our men getting up to them, were ordered by me to put them all to the sword. And indeed, being in the heat of action, I forbade them to spare any that were in arms in the town About one hundred of the enemy, being possessed of St. Peter's Gate and a strong round tower next the gate called St. Sunday's, being summoned te yield to mercy, reftised; wherenpon I ordered the Steeple of St. pr’a church to be fired, jeard to say in the mid: 64, confound me; If burn, I burnt! I believe that night we put to the sword about two thousand men, I do not think above thirty escaped with their itves, and those that did are In safe custody arbados, This hath been @ marvellous reat mercy, and therefore it 3 good that God alone have ail the glory.” Saugutnary as this massacre was it was of far lesa Importance {n its results than tho famous Battlo of the Boyne, fought just outside the gates of the city, between the forees of William of Orange and James II, on the Ist day or July, 1690, The teva o battle extended from Siane Castle, five miles up the river, to within @ short distance of Drogheda, and formed complete semicircle. Occupying this crescent-shaped position on the day betore battie was the army Of James, eatinated at thirty thousand men, one-third of them disciplined French trvops, In their front were slight intreach- CONTINUED ON NINTH PAGE, ww