The New York Herald Newspaper, July 13, 1872, Page 10

8, STOKE The Whole of the Medical and Leading ‘Testimony for the Prosecution j Reviewed and Analyzed. Gounset Making Confusion Werse Confounted. Gloso of Tremain’s Summing \ Bp for the Defence, Pisirict Attorney Carvin Suppoets sthe Theory: of the Prosecution in an Ale Speech. The Judge's Charge the Only Hope of a i Safe Delivery for the Jury. Pee br waelsecesoe The Case Likely To Be Sub- mitted To-Day. i + WINETEENTH DAY OF THE TRIAL. ‘The trial of Edward 8, Stokes ts drawing to & qlose, Nineteen days have passed and gone, and ‘Ab Jaat innd is seen. ‘Teo courtroom yesterday was filled, until even qe white walls seemed to perspire, Mr. Justice {greham and the clerk, Mr. Sparks, were the only goolmen in court, Behind the judge ts a large pen window, and from the top of the case an tiamenso-white shade depends, which flaps to and frota the air that pushes itself in from tho mias- @aatio City Hall Park. On the few rainy days of ats memorable trial’ the bottom of the shade was Wkely to be damp, and, consequently, it flapped to and fro against the hair of the venerable Judge in » de unseemly manner. ‘When the court was called Sheriff Brennan came with Mr, Stokes, accompanied by Deputy Sherif! The prisoner was neatly but quietly @ressed, and seemed in very good spirits. His ‘nother followed and took her seat by him, and di- eootly afterward the sister of the prisoner, whohas eon spoken of before as “Miss” Stokes, but who ts the wife of Mr. Sutton, the owner of the California fine of ateamers, followed her brother and took @ gent by his side, She spoke to Stokes and pressed ‘nis hand atfectionateiy, and then looked at the jury es if sho could read the fate of her brother in their oye. Mr, Stokes, Sr., the old gentleman who has sat the trial out with a father's solicitude, also was in court. Around the prisoner were clustered a host of hia frionds and relatives. ‘These gentlemen had fheon oalled to the court, as it was believed that the Dtatriot Attorney would attempt to attack the Obaractor of the prisoner. Among them were seve- ral of the best known gentiemen in New York. Qn the left of Stokes sat Mr. William E. Dodge, tho President of the Young Men’s Christian Asso- m, Mr. Dodge shook hands warmly with Stokes, This old gentleman seems tu vear a re- woemminage vo Commodore Vanderbilt... Ta, the jon of Mr. Dodge sat Mr. James Stokes, Who is uw brother-in-law of Mr. Dodge and is an uncle of the Prinans-. ac muny people, readers of the HERALD, ere anxions to know the pedigree of tho prisoner, Btokes, we will give it here, James Stokes, his wacle, and William E. Dodge, married daughters of Mr. Anson G. Phelps, of the well-known metal house of Phelps, Dodge & Co. Besides these gentlemen tore were present Mr. Clinton Gilbert, enother ‘nacie of Stokes, whois Treasurer of the Greenwich Savings Bank; Joseph Colgate, a stock broker, and cousin of the prisoner; Mr. Daniel James, of the rm of Phelps, Dodge & Co., related to Stokes by marriage; Mr. Henry Stokes, uncle of the prisoner, and President of the Manhattan Life Insurance Company; S. B. Van Dusen, the well-known coal | Operator; F. W. Devoe, of the firm of Reynolds, | ‘Pratt & Devoe; Mr. Charles Pratt, of the same firm, nd 4 large number of other friends, Mr. Horace Stokes, the brother of the prisoner, was also in bis company. ‘4 ‘The back seats wore filled with the Erie Railway people, and over in a corner the inevitable Mr. Soha Comer, who is known as the “niilk farmer,” and the tall blonde legal mouchara, Morgan, sat wido by side with the “male companion” of the late Mr, Fisk, Front sireet, with whom Edward Stokes had been tn business after he left Philadelphia and came to New York, sat immediately in the rear of the pris- omer, and greeted him cordially when he took his Heat, i There was a@ great silence in court when Mr. ‘Tremain rose to take up bis argument of the suin- ming up for the prisoner, which had lasted an hour end a half on the previous day. The late Attorney Genera! of the State of New York never, perhaps, tooked to so much advantage as he did yesterday. There is something logical about him that at- tracts a jury. He does not In any instance depend apon ciaptrap, and he knows all the books from Matthew Hale to Roscoe's Evidence. And, beside, ‘Tromatn is gifted with the eye of the Ancient Mari- ner of Coleridge. Tremain lacks the fire and im- potuosity of John McKeon, the modern Philpot Ourran, who never was frightened by 9 judge, and he has notin so great #n extent the bull-dog tena- city of Fullerton, Beach, also au eminent lawyer, with tis measured accent and his perfect periods, ja tiatoned to with attention; but before them all ‘remain knows how to charge a jary for the de- fence, His ten points taken on Thursday afternoon nad ‘he endorsement of the best lawyers in New Vork aa to their fundamental solidity. ‘Therefore when he spoke yesterday’ from the e@penug of the court, and continued until taree o'clock in the afternoon, with only half ag hour for re every man listened to him with the utmost attention, But one instance is Known before in the annals of the jurispru- dence of our city in which so yauch talent haa been displayed on both sides as there bes deem manifested in thix trial, The Forrest Divorce Case had on one side Charles O'Connor, greatest of American lawyers, and on the other the eclogant gentleman John Van Buren, son of the free soil president of the United States. In this case every point and every item of testt- mony adduced has been exhausted, It ls true that there has been an immense mass of testimony ex- olnded, which was most material to the prisone wafoty, but the rules of law compelled Mr. Justice Ingrabam to oxelude it. Tremain is a large man and @ fieshy man, but in bts summing up he proved that he had as much en- durance as Edwards, the prize-fighter. fie said that it was not enough for the proseon- tion to show that the theory of murder was proba. Dr, James R, Wood, @ most eminent physician, bia waa very careful to say that he was not in charge | of ‘ak, and he «poke very cautiously as to his | Ceaih from shock. All the doctors agreed that Fisk id not dle from peritonitis, which results from ® dangerous wound, Dre. Sayre, White Tripler and Fisher testified in a different manner, Mr, Tremain said that he did not wish to apeak unnecessarily of Dr. Fayre, These doctors had held @ caucus which seemed to have an object ta placing a rope around the neck of the prisoner. Or, Sayre unfortunately, in his tilt with Dr, Carno- chan, an eminent and respected physician, ac- knowiledged that he had asked Fisk to make his will, Was it not curious that no one told him that lisk | had already made his will? Dr. White loft Fisk tn ohargo of Tripler and Fisher, who stood at the Jowoeat end of medical skill and integrity. Tripler, said Tremain, pours poison into the wounds of Fisk, and yet does not know that there | 4ach a work, known to every skilled surgeon, as <-*% Tripler probes this man's NEW YORK HERALD, SATURDAY, JULY 13, 1872—WITH SUPPLEMENT. wound, and nis by the testimony of Dr. Howard, an ds imperfect and dangerous. Profeasing to be an educated physician, he tells people that he “gfuck a probe in Jim Fisk’s belly.” Dr. Wood stated none put a crazy man would probe in the and Dr. Steele (all of whom were called for Prosecution) says that it is fatal to enter tle cavity. Fisher and Tripler, be- tween them, get,at one time, 480 drops, and egain 240 drops of Magehdie’s solution, besides four grains of morplune, im that night of the 6th of January, from the druggist’s shop of Mr. Farwell, cor- ner of Amity street. ‘Tripler admits to Dr. Shine that he administered more than he testified to. ‘Then comes on Df, Fisher, a man with a wife living in New Jersey s&d practising in New York, and whose namo te not on the Physiciaus’ Register. He testified to shooké,'and against him are men of the standing of Jacobi and McCready, whose names are household worda, McCready, after a careful and prolongued examination, says positively on his oath that Fisk died of narcotic poisoning. Fiek walks up stairs, He is compared to an ox for his strength, He ts even humorous witn Dr. Carnechan, Was this an evidence ol shock? Other physlotane who had testified on the trial were cited, and Mr. Tremain went on to tell how two “gamblers, Chamberlin and Wardel, tho first who. saw the back of his head aud the second who saw him jostle a Indy on Broad- way. If this was e murderer where was the seoresy that ia need in a murdert Dr, Knox said that a gambler was go lost to honesty and decency and humanity that he would steal tho silver coin from the eyesof hia dead mother and gambie with it on the coMn of his father. The counsel then excoriated the witness, Thomas Hart, on whom the principal evidence against the prisoner rests, He had told so many different stories that it was impossible, even from the steno- graphers’ notes, 40 tell what he had really sworn. Crockott, too, was a friend of Fisk’s, He told Henry, the partor man, to say nothing about the “other pistol.” Mc, Tremaid “@poke of the Tammany ring, the Erie ring and the other rings which were controlled by Fisk, Wittiam M. Tweed and Jay Gould raliled eround the bedelde of Fisk for t@akiesssake. Fisk had boasted in-ais slang way that he would and could send Stokes to State Prison. The deceased man during life was surrounded by dancing men, singing women and rufMans of the most depraved kind. Jealousy was also in his heart. Gof moves by His law, and sooner or later those who violate His law will fall by it. He who takes the sword shall perish by the sword. He who lives by violence dies by violence, and a woman ia made the instrament of God's vengeance. Mr. Tremain contiuded by praying that the jury might be inspired with sentiments of mercy, charity and love, which assimilate man to his Maker. The address was a most effective one, and at the close the courtroom was as silent as the grave, Mr. Tremain speaking in a whisper. The entire length of the speech, including the prelim!- nary, was 61x hours and a half. The Distiiot Attorney began his summing up for the prosecution in a solemn manner at fifteen minutes past thtee o'clock, and continued until four o'clock, when the Court adjourned, Mr. Garvin will resume this morning. ‘The jury were iocked up last evening for the first time during the trial. THE PROCEEDINGS YESTERDAY. SULA At the opening of the Court, punctual to the min” ute, aa usual, judge, jury, counsel, prisoner and a crowded audieace were present, end after Mr. Sparks, Clerk of the Court, had called order and ascertained that all the jurors were in their seats, MR, TREMAIN RESUMED 1118 BUMMING UP. He said he wop'4 hold rosecution strictly to | View abies a rim the indic: Rae: Vat Pies wound was mortal, amd that of ite effects he died, gud continued Gentlemen the attention to a ‘careful jury, I will invite your examination and abaly- sis of the evidence upon which the prose- cution relies. t support that proposition. The District Attorney necessarily concedes by the course of evi that the bucden ronan’ es with him, of eustaty that It is a familiar princiyle that it is not only suMcient to show that all the circumstances are consistent with the view of the case taken by the | prosecution, but that they are inconsistent with | any other theory; for if there are two canses, either . Samuel Perry, a produce merchant from | of which may have produced death, the prosecu- | tlon has failed to prove their proposition beyond all | reasonable doubts, Now, they say they have sus- | tained the proposition that the deceased died froma mortal wound inflicted by the prisoner by the mea- ical witnesses examined by them and from the post- mortem examination. Now, gentlemen, I will call your attention to that testimony. First, 1 will call your attention to the testimony of the medical Mtlemon catied by the prosecution. Vho are | | these gentiemen * think I will do no injustice to the other gentlemen when I place br. Wood at the | head of the list—a gentleman of aciuowledged | skill and eminence in his profession, and whose ap- | earance on the stand, I deem it but justi Oo say, Was calculated to commend him more favorably to your consideration than | any other of the doctors, Dr. Wood, | however, frankly states to you that be had not | | charge of the case and was only consulting phy cian. He cautiously and with great care expresses | | himself in relation to the cause of death, His | | language was, that not having discovered an | other adequate cause of death he attributed the | death of Fisk to shock from ¢ ound he haa re- | ceived, Other medica! gentlemen, following tn his | wake on this point, touching the inflammation of | the peritoneum, the so} covering that em- | | braces the viscera, attribute no special tm- lance to its appearance im causing death, and r, Wood excludes the idea that | DEATH WAS CAUSED BY INFLAMMATION, | Dr. Buck frankly concedes that @ cause would not be expected to foll less than thirty-six hours, while the de nineteen hours after the wound was indi therefore, excluding every his death might have ‘asioned, the pros: tion plant themselves upon the theory that «i followed from the shock—the result of the wound. It is therefore to this point Twili cal! your atten: That is the point we controvert. We say that neith of the two propositions matntained by the defence has been controverted by the prosecution or upset. They have neither proved that the wound was neces- sarily mortal, nor that that wound was the cause of | the death of the deceased. Who a teal witnessess for the proseention’ Doctors White, Steele, Tripler and Fisher, Of Dr, wish to say nothing but what my duty requirés me to say; and yet, when gentlemen put themse! in the attitude that these gentlemen who sur- rounded the dying bedside of Visk bave placed themseives, in holding caucuses that they might settle on a line of evidence, and come here to tex- tify as a unit, and to pu eath from that y for # period died | ted, and prground upon Witch | A KORE AROUND THR NKOK of my client, they place themselves in an attitu'e of riticiaim and ‘scrutiny. skill and standing in his’ p arded next to Dr. Wood. yre lias placed | imaelf in @ very unenviat tuitude be te gentlemen of the jury. Dr. Sayre im great A aud abliity in his profession, It Hot beeen inc to deny that; ‘but he appear as @ partisan, With the strongest fe ness dixplayed throughout his whe Sayre, according to his own to be fitting and proper practi nine o'clock by the bedside of he had better make his will, Now, wentiemen, this is the treatment the wounded man receives, when | all the evidence shows that his only chance of-tife | was perfect repose and quiet ond rest, both men- tally and phystcally, And yet, gentlemen, this Dr, Sayre deems it good and proper pract to com- municate to tis man that he must die, and to | make his will, What was implied in this advice to | make his wily Was it lated to svothe the patient's mind and to Increase his chances for re- covery? Dr. Sayre produces that little medical in- | strumient—that littie potent piece of ertillery with ~which he shoots this deadly poison of opium = or morphine or Magendies solution into the system of a patient, and with the greatest sang froid discusses It as a thing which he uses every day, and that no iniurions results ensue from its use. Is the medical testimony for the defence disproved by this testimony, that death might ensue from an ininsion of fifteen minims of | this solution, the poison which he speaks of as Injecting into the biood, and characterizes as a healthy, pleasant, invigorating medication; that no more harm could come of it than If he was bathing the ed brow of his patient with | cau de Cologne, or administering lemonade | to slake his burning thirst. ‘This doctor claims to | be equally great in all branches of his professiou. | Generally men of any learned profession are Wiking | to claim merely that they are more skilful in some | particular branch of their profession than iu others | ofit, In the medical profeasion ularly one man will claim to he @ proficient {1 treatment of | diseases of the hip bone or of the joint ficient in the treatment of disea another of the ear, another of the shot wounds; another profeses a supe Dr. Sayre, lu point of ession, Inty be ree ny, deemed tt lace himselt at sk and tell Mim that | tinent of gin- | ‘lorknoWledge | of narcotic poisons, and so ail through the medical | lexicon; but Dr, Sayre, by his own account, has a specialty for and is equally master of all. The p ecutton on the cross-@xalulagtion of Dr, Sproschan aeked questions not periinent and entirely trreie- vant. They asked him his opiuion of Dr. Sayre. Of course We had a right to object, bul as we knew the answer to an immaterial and irrelevant question | was conclusive, Which Would leave the door open to tua, we permitted the bbagy lon to go on. Dr. Carnoekan, in consequence, being obliged to givo an houest Opinion, houcstly suid that he was uot | ; the | the sofa and aware that the gentleman had ever done a single thing to promote medical science, and in his jue ngage said that “blower.’’ Dr. Sayre be! th big contributions to of wrath it our witness, been in first instance, their witness, but they dared not call him. He opencd his at- ta but we could not on so solemn oc. casion as tl where life and feath 18 at at to into discussion on the » permit him to go relative qualifications and abilitics of hostile to: fessional practitioners. Yet despite of the inter- ruption and appeals of counsel and the rulings of the Court, this man was determined to thrust his testimony before you, and to use @ common but not very refined expression, he appeared here in this court, “LIKE A MAD IN A CHINA SHOP.” overridti the rulings of the Court, and uttert; disregarding the appeals and protests of counsel, He.was determined to thrust in here bis aspersions and bis hostile feelings against 9 brother physician and fellow practitioner. Gentlemen, recollect this important evidence given by all the witnesses, and by all the authorities quoted, that positive rest and quiet, and freedom from all disturbing influences, are an essential and imperative requirement to ensure recovery from such a wound. Dr, Sayre says that he was at the bedside of Fisk at nine o'clock, and he coolly says to Fisk, “You must dle,” and told tim to make his will, With re- ih to the evidence of Dr. White it {snot necessary 0 say but little, and he is not put forward as one whose testimony is of special weight and the only point in regard to him is, that w he was the or- dinary phsmoian of Fisk, he never took charge of the » but left it at once in the hands of othera— the two doctors who have figured 80 extensively here, Fisher and Tripler. Why wasthis? Was there eric or qui dro} miner who first strikes upon a case, as the lead Is entitled to his squatter povornlanity, of theground. Who aro these men? The first, Dr. Tripler, told Owe entlemen, of the jury that he never hear of « lor on Poisons,” & standard medical authority for thirty- five years. And yet he commences injecting the narcotics without knowing anything about ‘ ‘lor on Poisons.” Dr. Tripler is the man who did not produce his probe until after other evidence had been produced, and they had metical testimony that the probe was defective—a fact which Dr, ‘Tripler never would have told them, Dr. Tripler is the man who boasted that he was “the firat man to put ‘A PROBE INTO JIM FISK’S BELLY." He admitted that the patient “winced a little” at the yephing. and it was conceded that they had to administer ohloroform to him, For what was the done? Dr, Tripler had an ambition to ‘tract the ball, having no experience, and thin! his roputation would ade i he could succeed. Who is Dr. The man who, when he never ed words would be repeated in Court, that “Dr. Tripler had been ching away at Fisk for half an hour,’’ to wi Dr. Tripler re- pla, “if he told what he knew about Dr. Fisher 6 could never show his head in the medical pro- fession—it would degrade or ruin him.” Who else is Dr. Fisher? A man who swore that though his name {4 not in last year’s directory, yetit is in this year’s, and yet when the registry roduced* the name cannot be found. These two—Dr. Fisher and Dr. Tripler—are the men who came /nto Court to swear that James Fisk died of shock. ON THE OTHER SIDE, Dr. Carnochan, who occupies @ high position ina public institution, tells the jury that from the symptoms the deceased aid not die of shock. Dr. J Rat |, Jacile prinoeps the head of the German phy- sicians, and head of the Historical Soctety, when the symptoms are read to him, says the man did not die of shock. Dr. Benjamin Macready, a physician of thirty years’ practice, has been engaged in lecturing on the subject of nar- cotics, and has made narcotics a specialty. It does not detract from his respectability that he ig an expert, whicn position the ighest of the profession occupy; and if the prisoner 1s to be naciged venorabdle diaciple of the medical school, who has an interest in the truth, and declares unhesitatingly that Fisk died of narcotic poison, Counsel are took up the question of ‘shock,’ and argu that it was Imporsivic tat a imair wid Walked w) stairs with assistance, said ‘Iam as strong as @ ox,” and joked about his pain as ‘‘a bellyache,” could be laborlug under shock, which is 9 Prostra- tron and depression of the whole system. at the deceased MAY HAVE DIED FROM NARCOTIC POISON was proved from the record of the case, The fact that the patient awoke and asked for water was no proof to the contrary ; for poisons, by drying up the Mucous membrane, produce thirst, and the patient calls for nature’s remedy, Eyen*Dr. Hammond, who thinks that .the fact that the patient awol and called for water proved there was no nar- cotism, when asked “what ran up the pulse to 180 while the respiration was 80 low,’ answered “opium,” 6 ~ What of the post-me: wey which is not profs in evidence? Bat, asauuiing shat it, was, it was not conducted by men anxious to diacéver evis their own. malpractice. —he medical a (reading from one) state narcotic poisoning are not) trom Aerootice wks ref & at eleven o'clock; in cwelve hours he li his final account. WHO KILLED FISK? - It ts conceded on every hand that perfect quiet and repose were necessary for the patient's recovery, but did they give Fisk that chance? Yhe proof was that he was surrounded by Jay Gould, Presi- dent of the Erie Rallway; William M. Tweed and seven doctors. If anything was enough: to kill the uniortunate deceased it was Jay Gould. William M, Tweed and seven doctors, Did the deceased get a fair chance ? Why was an imperfect probe used ¢ Why was the proving done at all’ These medical men will never succeed in convincing the world | that they gave JAMES FISK A PAIR CHANCE, ‘The doctors spoke of the color of the illor, and the coldness of his skin and ext ut nothing is more deceptive; no thermome used, and the patient might be burning from the fever of poison, while his skin and extremities were cold, Was not the de entitled to the supreme test of analysis of the contents of the stomach, the only test of poisoning? made, Counsel was once engaged in acase in which aman was on trial ior polsoning his wife by arsenic, The crystals proving the presence of arsenions poison were found in the stomach, but the tubes by which the tegt was made were not then selves tested. ‘These tubes sometimes contain the and so) much doubt was ect that the prisoner was ac- val summary of that branch of ce met the theory of the prose- proving that probing, ties, and d gone to he mlyht have died and especially } where the docto jury make up r minds beyond ar doubt that death was the result of the ef mortal wound, WAS THE KILLING MALICIOTS ? The next branch of the case was whether the wound was infiictod with premeditation and malice derers usually work in the darkness ence of the night, ‘TMs man nm daylight into a ¢ toot of the stairs a servants above; and ha ome mysterious means not put in evidenc: thai Fisk was to arrive at the hotel, lies ching in walt for him, and shoots him. Uf that murder, never surely was such a murder from the beginning of the world. ‘The prosecution put on the stund to snetai to Broadway, when it Y, Who noticed es Were turned 2 nin which prisone when driving in Eighth avenue, rd Wan- deil, a gambier, on the other side of the line, whose name Wis no! tered in the list of witnesses, but Who managed to nding outside the hotel and to notice {hat Stokes way running #0 fast that he Knocked again: old woman, These are the props on Which (he theory of the proseention rests GAMBLERS, Ifhe (counsel) detested any class of men it was vainblers. They have no heart, no soul. A learned professor once Saidt:—"The professional gambler is so lost to honor, humanity and decency that if, in the silent watches of the night, he was placed to Watch by the bodies of his dead parents, he would steal the siiver coins from the eyes of his dead and gamble with them on the coffin of his FURTHER ANALY: Counsel proceeded t Thomas Hart, the Ma yore he heard the prisoner say, “Now Lhave you.” A most diseriml- nating question was asked him by one of the jury, “Why did you commit yo repeating itevery ¢ * No truthful witness ever did so, Were not the events, if he saw them, written on his memory a8 with a diamond pen? But he re- peated every day the sentiments of others, (he things that were written for him; the things that were false had to be learned by rote, The falsity of this boy's story Was apparent from his statement. that he saw the prisover make a motion when passing the parior, and would have them be- eve that it was throwing a pistol imto it. A pistol was i$ OF TESTIMONY. ¢ the testimony of found thrase between the seat of the back, Some one throst it there, but not the prisoner the men who searched the parior immeditat: after the shooting found no pistol, and experiments proved that it could not be Aung so as to get fixed into the position in which it was found, Stokes must have dropped his pistol somewhere, but some one else must have for placed a pistol between the back and the seat of | the sofa, ANOTHER IMPORTANT POINT, proving the falsity of this boy's evidence, was his statement on the witness chair that when Mr, stokes was arrested he said he knew nothing about | the shooting. c such testimony was given at the inquest, and i such words were uttered-—and statementsere very material aud #!ways taken as evidences of gailt— why were not the three men who arrested him and Mr. Powers, Who were standing by, produced to prove it? But the stenographer proves that no AN IMPOSSIBILITY, It was proved by Hart and the other witnesses that the prisoner Was standing at the left side of the stairs when he looked down, and Thoraas Hart swears he saw the right hand on the of that. Bul it was Impossible for a man the left of the stairs to lean with his right hand on the rating as he was going down. Counsel pointed out inconsistencies between Hart's testimony at the inquest and at the trial, ead read the testimony of the boy Brennan, who tall, he was posith a it Will be against the protest of that | of The po: ing; the last dose of optum given James Fisk was But no such analysis was | ‘owded hotel, with @ boy at | testimony tomemory by | if | that he would be sent to the State Prison for prisoner leaning with hia | wore that Hart told lum he aid not see the ahoot- pect ft. $1,000 for his evidence. As Sad eclunony of Hari to th Grand Central. Crockett was Fisk's frien ‘and ‘at the Pag Drogas vas ne aon Mies bert A man, rom @ tady @ pistol ferent 7m tne prisoner’s,, told him henna iter Romine or he would endanger hia position. fas it is the man who visited the boys In the use of Detention, There were influences at work in thia case to which counsel would refer further on. The jury would bear in mind the total absence of ‘all proof that Stokes could know that Fisk was to call at the Grand Central. He had been sick for a week, John Chamberlain proved that when Stokes looked up at the Erie building Fisk was gone away, and therefore Stokes could not know he had been there. On the other side the defence completely accounted for every moment of time and every ac- tion of the prisoner, All the witnesses proved that Fisk arrived there after him. It was proved that he had been all Bong getting ready his papers and witnesses for the arbitration at Providence on the 9th, on the trotting business. It was proved that he got papers at the Hoffman House; that he had left papers at Miss Mansdcld’s, and that he went into the Grand Central Hotel for an innocent pur- pose, and every act is corroborated, every state- ment of the prisoner, except at the moment of the shooting, when a different reason is given by the hotel boys, who are suborned to come here and tell a concocted story. The prisoner's story ia cor- roborated also by the track of the bullet, through Fisk's left arm and down through the abdomen, us if the arm had been across the body, the two hands on the pistol, a8 doscribed by the pris- oner, and thon he fires a second shot; but as it is not pretended that the second bullet killed him it is immaterial what direction the bullet took; but the prisoner had a four-shooter and did not fire after danger from his antagonist was over, but turns and walks away, and calls as he goes slong for a doctor for the Wounded man. Was that the conduct of a mut- dorer? Was that a proof that he intended to killa man whom, counsel held, he was justified by the laws of God and man in intending to kill? Dida not everything constrain the jury to credit the prisoner's statement rather than the uncharitablo murderous theory on which the prosecution seeks to indict him? I feet, panties of the jury, the solemnity of the words [now utter, the very last words (o be uttered in defence of the unfortunate prisoner before THE THUNDERS OF THE PROSECUTION are opened upon him, and however able we might be to controvert and overthrow the statements, yet from this time out our lips are closed. All, gentie- men, that we have to say on behal of the accused must be sald now. And, although, gentlemen, my remarks must naturally be prolonged, you will feel and bear with me, and recognize ‘with’ me the fact that the life of the man on triat ts involved in this issue, and well understand the solemn responsibil- ity apinind to me as his counsel, As to the ques- ion of INTENTION TO KILL, you, Fentlomen, have the evidence of the pris- oner himsell that he had no intention to kill, And inasmuch as the evidence of the prisoner on that bral @nd also the subsequent point, that he a JUSTIFIABLE CAUSE for the firing, is a material question to he consid- ered by you, I will take occasion now to submit such observations ‘eee to the question as to what degree of credibility you willaward to the pris- oner at the bar. The law allows him to be a witness, and although he stands under indictment he comes before you with a presumption of innocence, no Matter what the crime charged. If covered all over like a leper with offences and he appeared before you as a convict from prison it would not lie with the prosecution to impute to him miscon- duct of any kind, Ifin this case you entertain even a suspicion that he has been guilty of some minor violations of the laws of morality—even the OPFENCE OF ADULTERY, although there is certainly no proof of it here—it is not for the prosecution to impute it to him. e eftort of the prosecution to show—though unsuc- vessiul, to be sure—that the prisoner on some former occasion had attempted to commit an offence by shooting this German was a manifest violation of the rights of the forte ‘Ths pardon of zeal to convict may be charitably extended to | the piosecution; but [am sure that the District Attorney, wielding the power he does, will not at- tempt to impute to him or charge him with any other crime than that with which he atanes charged | before you, gentlemen—the crime of murder—o! any other way prejudice him in your fayor. The law FROWNS DOWN any such attempt. The prosecution cannot inpage his character outside of the prosecution unless the risoner draws it upon himself. The prisoner comes | Belore you on the presumption of innocence. But when he puts himself on the stand like any other witness he is liable to be impeached $5 eviuence ui general bad character, and On that to be a person Not to be believed under oath. When he, geutle- men, took the stand we threw DOWN THE GAUNTLET to the prosecution to call witnesses to prove the prisoner's character for morality, truth and vera city. Had they attacked us on that point we had been phundantis fortified for such attack; but it Was Not made, And how he siands before you, gen- tlemen, as any other witness whose testimony is to be weighed and compared with other witnesses, to be sure, but is not to be disregarded by some abso- Inte, uncontroliable, ili-reguiatsd whim or caprice, that becauso under Indictment his testimony is no! to believed by the jury. ¢ Court here took # recess, After the Recess. The Court having reassembled, Mr. Tremain pro- cecded as follows with his argument : CAN THE PRISONER BE BELIEVED? The question is now what credibility you are to attach’ to the evidence of the prisoner. On ‘the principle that every man should be held innocent until ne is proved guilty his testimony, unless im- peached, is as good as that of any one else. The mere fact that he fired a pistol is not sufictent evi- | dence of murder, unless the man fired wilfally | ata vital poimt and with the latent to commit murder, But if the prisoner had carried the pistol for months, as is proved in this case, with the avowed, simple purpose of selfdefence, if the meet- ing with Fisk was accidental, if he stopped firing before his pistol was emptied and if ne called fora doctor after the Len these things ought to be taken into fair consideration, and if credited, the 1 verdict should be at the most manslaughter in the third or fourth degree. prisoner on the stand should also be remembered. Was there anything in his action then that spoke of suppression or falschood ¥ An indictment is no evidence of gullt. Look at his pathway from Del- monico’s to the Grand Central Hotel, and his own account of where he went and what he did is abundantly coriobora by all except the perjured | witnesses Who have been used by the prosecution, STOKES CORROBORATED. step the. story of the prisoner was cor- That he went to the hotel with an in- nocent purpose was Indeed as clearly made out as hing could be. It was aiMeuit to conceive of a where a man, open to suspicion from the cir- cumstances surrounding him, could be more com- | pletely corroborated. He certainiy did not buy the | pistol to kill Fisk, or he would have killed him long before the 6th of January, It, therefore, i Aeedie | | that the prisoner, having bought the pistob anc to the hotel without any guilty Pes se, ane no threats or menaces by him, and not a seintilla of evidence that he was n of bad inora! character, his own story should nplic dited by the jury, if tiey wished to declare iigent and just Verdict. ‘The people to show any premeditated de- f Fisk. F HOMICIDE, The third question was, was this taking of life justifiable homicide * Mr. Tremain again read the statnte, laying stress upon the words, “when com- mitted in lawful self-detence, & ‘That was th law of self-defence implanted by God in. the naty i . ‘the worm, when crushed, will tur the lordly act in view of th ity. aon U0 apprehend imi | defending himself at any hazard. been eld by the Courts, and In illustration of this principle Mr. Tremain read a charge of Judge Bron- son's and other authorities, At this point the declaration of the prisoner, and what credit should sign to take tt n, as rs and Courts must ve attributes of human. reasonable — ground danger he was justified in be given to it, again became prominent, rhe | prison stated facts whieh, “if made out, necessit verdict of. justifiable homi- fired in She — beltef thar | | the decoased was inthe act of cocking his pisto! and, knowing the character of the deceased, he was | justified in firing. It was true that they had no other testimony except that of Stokes that Fisk | had a pistol, but Stokes had always maintalned, and would to his dying day, that such was the case. HAD Fisk A PISTOL ¢ | Kither, therefore, Stokes was committing perjury | or was subject to a delusion or had perjured bim- self, In such a case the jury should Jean to the more Inereliul view, unless the opposite theory was beyond ail doubt established as the truth. "He | and there cropping out in the case there were cir- eumstances strongly corroborating the story of | Stokes that Fisk did have a pistol, Wiere ‘ did that story cirenlating about the hotel, that there were two pistols, originate? | atseven o'clock was not the pistol court. ‘The pistol he saw had an ivory #iX chambers anda siiver barrel, Miss Hall also } gaid she could not identify the pistol. When Mr. Crockett’s agent was on the stand, he was asked produced: in andie, with why Henry summons served upon hin, iy? ‘The reuson was | sudicientiy plain. The prosecution were, however, at last obliged to produce him, although he was im the employ of the prosecution, for he look ) Upon Mr. Crockert and Dr. Fisl pee of the prose. cution, Dr, Fisher had been forced to confess that he had attempted to frighten Henry by telling him jury. How could Henry's testimony be expl except on the theory that two plstols were fou | the hotel? Especially when the testimony that | Thomas Hart had sald that the ballets fitted one | pares bnt not the other was also taken. Henry had on the, army and wag fqmillar with pistols, and | would be likely to remember any that he had special | Interest or reason to remember. A DELICATE QUESTION, Which was the more probable theo: went there to murder Fisk, without #aying a word | or attempting to make ® show of justification, or | that the meeting was, as the prisoner said, pure): | accidental? Stokes said that he dropped the pistol, | and it Js cortain that the pistol wus not thrown into | the i The evidence on the part of the utterly failed to remove the sus- ution ‘The manner of the | This had always | The = partorman | testified that the pistol handed to him hy the lady ‘ad not reappeared, according to the | picton Fepraiee: oy B.4 & second sot ) ceased— jury, with ite couple. of oon he might hace Morbo, who took the fit" to. produce, hum: or uce had charge of vaclothos that timony of Dr. Wait twenty persons in room where The pistol might have been picked out by some one from the street or by some one in the house, and there were numerous other theories that might be t d that were consistent with the innocen of prisoner, which had by the evidence for the prosecution. could not be aman on the jury who could donbt that the pistol had not been tossed m4 the prisoner on the sofa, or who could donbt that it had been placed there by some one else, AFTEK THE SHOOTING. The conduct of the prisoner after the shooti1 and his saying “There’s a man shot; a doctor,” was totally inconsistent wit! theory than that of justifiable homicide, the evidence of Moore, who had come to the assist- ance of Fisk, and had heard him say, ‘He's too quick thia time.” Look again at the testimony of House- man, that THICKLIPPED AND INSOLENT DARKBY, who was still proud of his connection with the for- |,mer Prince of Erie, had said the second timo that he was examined that Fisk had no pistol, althongh he had stated to Moore on the day of the shoo! “Why did not the old man fire at him; I know he was fixed,” Fisk himself never ac- cused the pane of murder, When Stokes came in dropped his 6 and then, looking up, said—“Y¥ hat's "He never complained to his physlotan of the conduct of the prisoner. Ho was cheerful and talked about the “green bellyache of Vermont,” but he had never uttered one syllable of complaint against the prigoner, 1” MANSFIRLD'S WARNING. The testimony of Josephine Mansfield showed that had warned the prisoner his enemies were on his track and that he was in danger of hig | 5 was further establishes by the evidence of Miss Williams and of the prisoner. By Milas Mi eld and Miss Williams, it was also shown thi many pi he deceased had is, and the former sald that on repeated occasions he armed himself with @ pistol on Black Friday, for instance, when this man in tl aud arrogance of power ruined thousand: by raising the price of gold, and when Albany in the Susquehanna case, and wh to Jersey—to use the expressive hire Mansfield, ‘‘on all State occasions he w. ‘The last interview of the deceased with ‘Was attended with very peculiar circumstances, FISK AND JOSIB, At that timo the suit of Mansfield against him for blackmalling was Renahe He offered her any pe- cuniary terms to close the sult, but made it a con- dition that she must come back and live with him. At the close of the interview Fisk said there would biood shed if the sult went on, and Miss Mans- field warned Stokes of the threat. Thus it was that the last time the prisoner saw Fisk he saw him with the consciousness that Fisk was secking to take his life. The deceased had formerly boasted to Stokes that he had been the means of attempting to blacken the reputation of Eaton by false afidavite, and then sul een iy of physically attacking him, Fisk went home to Mansfeld that night and said “there will be bloodshed to-night,” went out in and came back and saia that Eaton had been attacked, and whether he was dead or alive, he did not know. ‘Then he showed 8! ol nervousness and remorse, and in place of golng to bed, lit up the gas all over the house, and could not sleep. What next? The jury was to consider THE CHARACTER OF THE DECEASED, as known to the prisoner, when he met him on the staircase. The prisoner swore that he knew Fisk’s character was that of an unscrupulous, vindictive, revengeful man, who would stick at A aed attain his purpose, -The prosecution had 2 challenged to sustain Fisk's character, and might have shown that he was @ peacea bie, law-abldiu; humane citizen. He (the counsel) had desired t Dave that testimony put in, 80 as to have the oppor. tunity of cross-examining the wituesses. ne friends of Jumes Fisk who would thus have been put forward—for by reckless profusion of other peo- pee money the deceased had no doubt made many jends—would have been compelled to admit the true character of the deceased, NO FRIENDS, Where were Jay Gould and William M. Tweed and the others who were accustomed to gather around his state dinners ? Not one of them came forward to speak @ word of kindness for this fallen chieftain. With them, discretion had been the better part of valor, and the jury were forced, therefore, to take the character of the deceased, as given by Stokes, 6 his true character. & ronionap BY 5:0 opRocxDE, e prizauer had known for a long time that he had been trucked aud shadowed by Fisk’s blood- ound, Mr. Shanks hau ‘tilled to having been in Company With Stokes whon ue iui, sacn the fol. lowed. Long hetore that, Stokes had been unable to sleep ever in his father’s houge, without a pistol, owing to his apprehensions of Fisk, It had also been shown how great Was the power of the de- ceased, Fisk had boasted to Stokes of his in- fluence over the courts, and he, said that he had made arrangements to railroad hita, Stokes, into the State Prison. If there had ever been a case where the pistol had been justly used it was in that of Stokes in the present instance. There were cases where a man, knowing that the law was powerless todo him justice, was justified in taking the law into his own hands, and this was certainly such a case, Enough evidence had at least been given that the prisoner had reason to believe that he was in imminent dange? of his life from the Prince of Erle. APOTHEOSIS OF FISK. Fisk had erected a castie in the heart of New York as remote from the grasp of the law as the caves and dens used by the brigands of Greece or Italy. He had brought o ulty dancing women from Europe, and had curried on a theatre tn con- ection with the business of tue Erie Railroad. He had given state dinners; he allied himself with the representatives of political power, lived in regal splendor, and had even attempted to control the currency, Like the centuri in the New Testament, he was surrounded by legions of servants, and he said to one, “Go and he goeth’ and to another, “Come and he cometh.” Rome in the days of her decline, with all her ex- amples of | yoeag etd and Heentiousness, never pre- sented such an iustance of vice as was presented in the life and career of this man, Gifted witha brain that the physicians exultingly deciared was equal to that of Webster, all these powers and abilities were prostituted to that demoralized struggle for wealth which ‘arises from carrying out the doc- | trine that you must get money, honestly if you can, but at any rate get it, THEN AND NOW. Mr, Tremain then said that he did not wish say that the mere fact that Fisk was a bad man was a suiticient justification for murder, Bat | there was a law of God that men who lived by the | sword should die by the sword. When Belshazzar | was in the midst of his power there came a | hand writing upon the wall, warning him that his | kingdom was taken away from him. Who would have dreamed six months ago that this Erie Ring, which had done more than anything else to bring scandal and reproach upon the American people, to would be xo soon overthrown ¥ Ho (the counsel) had expected that some evidence would | be given ft deceased had possessed some ood qualities — love of home, love of religion; love of the Sabbath, But not a word had been given on this ground, Something, algo, had been shown about the change that had | taken place in the character of the prisoner in con- | sequence of his troubles with Fisk. The tempera- | ment of the prisoner, too, had heen proved to be sungularly excliatle and sensiti and exactly of | that kind which the law recognized as entitled to consideratio! | Upon that point. Tremain conciuded by an ; cloquent though somewhat matter of fact appeal | for mercy. Mr. Garvin suggested that the case should be re- sumed to morrow, but His Honor insisted upon its at once going-forward. MING UP FOR THE PROSECUTION, Mr. Garvin then begun summing up for the prose- | eution. After the usual pretimmary observations as | ‘to the responsibilities of jurors, he said that it was He would not, however, enlarge | not instead of into Chambe: waiting around way? i, hen he was thus waieg and the | fo.one coal tel in the case or as ) Would have them believe, Ne happened to vo'on the claned that the pistol s! was sr is aide, with There could be no mistake about one thi 1M, Stokes said tnat Fis pistol, Was sare house had been sea‘c! for such @ in by the ladies’ entrance hotel seooka floor of which he had never before, ac : ing to his own account, been? What was and the hote! ? oner who was sitt! tions in wait r something, Colonel wont up atairs, and, the fame staircase. All question ut the identity the pees Was out ofthe case, because the pos i. er ce Fisk, walled up on every ol. There was a 5 knowledge that ‘Stokes was at the Head of the by the way the bullet had gone, aud that was Fiok wae vtan down ‘staive end Stokos waa standing ups PISTOL AGA! ik had a such & ’ It contd not be found, al! some time after the shooting every servi Foden fa she civomenss ek none Csr Atoms eard from the liga! any mortal man except those of the accused, ate , A STRONG POINT, And why did not the prisoner, after the deed, olaim the truth, an}, going Baok $0 tha. seas i Fisk was » have the pistol of Fisk found show that he had done the deed in self-defence He had another opportunity to clear himself afterwards, when he was arrested and whon Was accused of having shot Fisk and had denied What was his conduct when he was taken jnto the Presence of the dying man? Not one word io hi Own defence; not one word of it; ms Paes el Dtarw mie r the si qq this point broken off. igethie! formed tl pyurore that te ths cura 4 had summing u| they would have to keep toge' P ant ths case f The Vourt then. adjourned until half-past tals ee ad ‘past ten CANOE DOLLY VARDEN. THE ITASCA FORESTS, The Lake at Nightfall—Lost in the Wooils—~ The Descent of the River Begun, CANO® DOLLY VARDEN, UPPER tote hate Five MILES FROM Laxs Irasca, June 10, 1! } . The forests and hills surrounding Lake Itasca unite in forming the wildest scenery in the United States east of the Yellowstone River. Never until, one has visited the Itasca region can he fully com- prehend how intimately may be associated hills and valleys, forests, arid deserts and meadows of undulating grass, lakes, swamps, rivers and floating bogs. Of to the west are the plains which, extending: to the Red River and be- yond, will some day be the gardens of the great Northwest; but the Itasca region is doomed to be unvisited by the superficial tourist until the end of time, The settlers at White Earth had lately been greatly exercised over the loss of one of their oldest timber cruisers. As as he had kept away from the Itasca forests he é returned in safety to his neighbors, but when he. had at last resolved to push {nto the very heart of the region in quest of new pine tanday, he had never since been heard étom, More than six weeks had passed, and tng’ most hopeful had all shaxta ineir heade With thg remark. “It’s °" uy with old Pete,” “hroughout our trip the guide and Indian had been very zealous in their efforts to discover traces oF the old woodman, but both gave it as their opinion, + this man, who had passed forty years of hus life in the woods locating pine lands, must havd lost his way and found his death in the almost im- penetrable forests of the Itasca region. ‘They said that he never could have been lost any- where else on the globe, and both agreed that he had perished from starvation alter fruitiess at- tempts to “get out of the wilderness.” There*was nota human habitation within four days’ walk by the most direct route; game was very scares, and -the fish resolutely refused to be taken, then, are forests primeval, and civilization’ wi never unmask them, : ALONE ON THE ITASCA SHORE. ‘ * The Doliy was prepared for the Journey back te this point, at which the camp for tho night ha@ been resolved upon. The game was taken charge of by the guide, and the crew was left alone om the banks of Lake Itasca. The guide and Indtag were ordered to proceed, and the crew was con- fident that he could find his way back tocamp be- fore dark. The stillness was somewhat oppressive, but the thoughts which crowded through the brain as the last rays of the evening sun faded from the unruffied surface of the Inke could not be other than happy. The labors of the day had crowned the expedition with success, and the HERALD, as usual, had not neem “beaten.” It was pleasant to contemplate the small stream at the lett as it made its way from the lake, and to think of its majesty at St. Louis, This was the sfream which was to be followed by canog and steamer for 3,100 miles—from its source to the Guif of Mexico, The voyage to St. Louis by canoe would comprise forty-five days; while from th: point steamers would convey the crew and cra first to New Orleans and thence to New York, TRE CHARM OF CIVILIZATION. The shores of Lake Itasca lacked only one elé- ment to render the scenery thoroughly enjoyable— namely,’a@ fine hotel and surrounding cottages, nestled upon the hillside, with the attendant groups of ladies and gentlemen taking sherry cobblers and water ices under the trees. With this shadows accompaniment, this rudimentary vestige of @ nascent civilization, this lake, exhaling the air of Peed leisure, would have harmonized, This waa ent Pe Bats and the crew, as he gazed out in the evening sunlight over the beautiful hill-encir- cled lake, the waters of which in tle ripples laved the beach at his feet, regretted that so many of hix fellow countrymen were at that moment lan- guidly breathing the air of Long Branch or New- ort, or retreading for the hundredth time the sh paths of the White Mountains or the Cats- kills, LOST IN THE FOREST, After Lgl elt sketches [mg @ map of tne lake, the crew began the trip tothe present camp. He had fully five miles to traverse through the route described ina former letter, The trip was readily made until the point was reached at which the | hn was to be made through the windfall. rees blazed in the morning were found and the true now, as it always had been, that the dead | man could not speak, The dead were for- gotten; their vod deeds were buried | | with them; their bad deeds dragged forward, The | sympathy of the jury and the Court was naturally with the ilving, while all that could be said against | the dead was trompeted abroad. Did Fisk ap- pear in court to say whether he should render | up his lifer Was not his blood shed without warn- ing? Was he not sent to | shot of the prisoner? The prisoner asked for mercy, claimed the right to be heard, and to be awarde the benefit of any reasonable doubt. Poor Fisk nad no jury, no counsel, no friend. He was among strangers, with not a human being near him that he knew, when he was struck down. This was ad- mitted; the prisoner swore to it himself, What | was the defence of the prisoner ’ First, insanit, | and want of responsibility; second, that Visk die not die of the wound ‘inflicted by the pistol of the prisoner; and third, b the deed was done in self<lefence. Is there ar doubt that the prisoner was perfectly sane when was on his way from Delmonico’s to the Grand | Central Hotel? There was nothing that happened then that showed that he was not sane and re- sponsible—as sane and responsible as he was now, ‘as there anything in that defence? Stokes know what he was doing; he was just a8 responsible as he ever was at any time. No man could for a moment have any doubt of it, and } it had hardiy been urged with any | force by the counsel on the other side, THE TREATMENT OF THE DOCTORS. It was next sald that the wound was not the | cause of death, It was shown by the testimony that this wound was a mortal wound, and no mat- ter what stimulants were given, Fisk would .have dled of it, What was the treatment of the doc- | tors’ The books say that anodynes in such case: | are absolntely necessary to quies the BA ent ti | soothe the pain, ret iC was Contendéd he de- fencd that Fisk bad dled by # poisonous dose of morphine, Then came the defence ahont the probing. The best evidence that the probing was not hurtfw was that which came ont | on the post-mortem examinat hat the condl- tion of the wound after death showed that the | rend had not beon pushed too far and could not j have been, There was hot one medical wit- | ness except McCready, who testified that the | causo of death was other than the wonad, his Jast account un- | anointed, unanealed—sent into eternity by the pistol | direction wastaken, After entering the windfall, a# if was impossible to follow thre river bank at that point, the crew strayed off too far toward the westward, so that, instead of emerg- ing again upon the nice bank at the end of the port- age, he came out among the tamaracs and scrubby Ines of a dark, dismal ree running off between he hills, Seeing the mistake, and not feeling any particular uneasiress as yet, the crew turned about to the eastward and hurried onward, It was in. dood fortunate that he®arried a night compass, as the twilight was soon obscured by light, fleccy clouds, The crew hurried forward, now falling with @ rotten Iimb and then | sinking into ® bog hole. To ada to TRE GLOOM OF THE SCENE and the discomfiture of the crew, the clouds soon brought rain, Secret by thunder and lighten. ake After a few instants of intense listening, in which the crew had immagined that he heard’ the guide answer his halloo, the only sounds which greeted his ears were the moan- ing of the ’wind and the pattering of the rain. The guide on the journey to the lake had pointed out several trees cieariy marked by the claws of a bear, and the remembrance of these trifing facts did not tend to render the crew any more couten' He would have fired the pistol which he carried in his belt, but through careless ness It contained only one cartridge, The prospect of being left entirely without weapon was not to be entertained. The important question then be- came @ quaudary:—Would it be wise to try to the camp or to remain at that = point and trust to the attractin, attention of tho guides by frequentiy hatfooing? The latter methou was adopted, but alter scream, ing until hoarse the crew as suddenly abandoned It. He was now satisfied that the camp had been assed, and that there was little hope of finding it before morning. The pi eof mceping withous blankets, alone in the i, With the rain falling, was very unpleasant. The crew hurried in the qyygtion of the éyyer and goon reached tts banks. At that montené & guh was hoard away back in the direction from which he had come, and the crew. Foynding the brow of @ small hill just ahead of him, saw a an fire. There lay his black ko pedick and the Dolly reposed near by. The 7 om deserted, however. It was only the Work of an instant to fire the pistol. The cartrid; were soon got out of the knapsack and firt coutinued, After some time the voloe of the guide was heard, and ho and the Im. dian soon appeared, They had become alarmed CONTINUED ON NINTH PAGE.