The New York Herald Newspaper, January 5, 1873, Page 3

STOKES CONVICTED, Tho Assassination of James Fisk Just Twelve Months Ago To-Morrow Receives To- Day Its Legal Condemnation, Verdict of Murder in the ; First Degree, ‘ All the Scenes in the Thrilling Drama Re- enacted and Portrayed in Court by Counsel for the Prosecu- tion and Defence. THE JUDGE’S CHARGE. Twelve Men, Good Men and True, Found Capable of Vindicating the Majesty of the Law. : WAITING FOR THE VERDICT. The Retirement of the Jury—Comments and Speculations en the Result, THE VERDICT. Polling the Jury—All Unanimous in Their Verdiot—Judgment and Sentence ‘Demanded but Deferred. THE CLOSING SCENES IN COURT. EMfect Upon Stokes—He Declaims Against Coun- el for the Prosecution—“‘You Did Your ‘Work Well; I Hope You Got ‘Well Paid for It.” The proceedings in the Stokes trial yesterday, being the fourteenth and culminating day, excited an interest exceeding anything which had up to thistime been manifested, either on the present or the first tfial. It was expected that the forensic effort of counsel for the prosecution to secure a eonviction, and of counsel in the defence, of man whose life was, to some extent, in their ands, would be equal to the great importance of ‘the issue at stake to the prisoner at the bar, and fe the whole community and to the whole people @f the State, who, according to legal reasoning, gre the prosecutors in the case. The court room was literally packed from the opening to the close @f the session; s0 much #0, indeed, that these who ‘were in could. not get out again, while those who ‘were out were as completely out £8 any old politi- wal office-seeker who would attempt to get “in” under the new political régime. But how- ever anxiously the outs might desire te get in, the ins were certainly only kept im by the difficulty and disturbance any attempt to get out would create. There was an unusual attehd- ance of ladies, witha correspondingly large escort, the whole making a tout ensemble only seen in the law courts when am interesting case of crim. con., @ivorce or murder, in which a woman makes a prominent figure, is the mainattraction. The pro- @eedings yesterday were indeed the most interest- of this protracted trial. The whole case, from first meeting of the prisoner with his victim, the intermediate relationship, th eomidential intimacy that existed ‘the mtroduction to Josie Mensfleld, the subsequent estrangement, the legal condict in which they be- ame involved, Fisk’s letters to Mansfeld, the con- troversy in Judge Bixby’s Court, the supposed in- @ictment of Stokes for blackmailing, the scene ‘outside of Josie’s residence on the fatal Satur- @ay, the yictim and his Nemesis’ ride, one ag. biacarringé, the other in his coupé; the hurrying into the Grand ccutral Hotel aid the! watch upon the staircuse, the arrival of Fisk, the shooting, the flight, capture, identification, and death of Fisk, were all reviewed by counsel, with such comments, explanations and interpretation of every scene, act and occurrence as might weigh with the jury—for or against the accused. The summing up counsel was, to use a hackneyed expression, ‘equal to the occasion,” and the audience had, in the most eloquent and vivid manner, all the accessories of the shooting and the events which led to it most graphically and vividly pictured before them. Notwithstanding the in- @afferable heat of the room, consequent ! the jam of people, the len. remained almost janerahig the Tlose of the session, Whic yas ted to an unusually late hour. Mn Tremain closed his summing up about the hour of recess. After fecess Mr. Beach began his summing up for the Prosecution, enlisting and holding the attention of the immense audience from his opening to his lose. He reWlewed at great length all the salient points of the testimony for the prosecution, urging their consideration upon the attention of the jury, ‘and, as he proceeded, commented on all the weak points from his standpoint in the testimony forthe defence, and criticising, with great force and inge- muity, the more important points of the same. At S quarter past seven Judge Boardman commenced ®ocharge. At that late hour the court room was densely crowded, and the heat engendered by the mass of people—the majority of whom had held their places throughout the whole day—was, even {m such weather as this, almost overpowering. THE JUDGE'S CHARGE ‘was mainly directed to the theory of the prosecu- ‘téon as to the appearance of Stokes at the Grand Cemtral on the day of the shooting—the inquiries as to whether an indictment had been found against him by the Grand Jury at Fisk’s instance— ‘his supposea quest for Fisk—the mysterious signal tthe house of Mansficla—his passing the Grand Opera House, seeing Fisk's carriage there—his sub- ‘Sequent appearance on the staircase of the hotel— the impossibility that from the direction and effect of Stokes’ shots Fisk could have had a pistol 4m his hand or made any demonstration of hostility Se justify the shooting, and so through the whole of the testimony for the prosecution. Judge Board- man then reviewed the THEORY OF THE DEFENCE, presenting in a clear and impartial light the evi- @ence for the defence as contrasted with that pre- ‘sented by the prosecution on all the principal points @mumerated. THE JURY RETIRE. At ten minutes past cight o’clock the jury re- tired, being allowed two hours for such delibera, ton as would enable them to ferm an opinion as te their respective opinions and the probability of agreement, and to report the same to the Court, ‘and either to be locked up for the night or given a fonger time to come to 4 verdict, the Court to ‘@wait their fiat. At s quarter past eleven THE JURY AGAIN CAME INTO COURT, Jadge Boardman, the prisoner, counsel and the greater part of the large audience of the day being allin their places. The greatest anxiety and a ‘Dreathiess interest pervaded all, as the rumor had got abroad that the jury had agreed upon # ver- dict. A look at the jurors was enough to suggest the fact that their verdict woulg be a vindication of the law, and that punishment for murder not Deing played out in New York would in the person of Stokes find a verification as complete as in that of Sack Reynolds, That verdict was MURDER IN THE FIRST DEGREE. _ The jary answered to they Bames ax valleg ont NEW YORK HERALD, SUN by Mr. Sparks, the Clerk of the Court, and to the question had they agreed upon’their verdict came the dreadful response, ‘Yes, Murder in the first degree.’’. A description of the scene in the court room at this moment and while waiting for the verdict will be found under its appropriate head. PROCEEDINGS OF THE COURT. Fourteenth and Closing Day—The Sum- Up tor the Prosecution—The Charge to the Jury—Scenes and Inci- dents—Verdict, Murder in the First Degree. As the trial of Stokes nears its end the public interest in the result seems to become more and more intense. The crowd began to assemble as early as nine o’clock, and the corridors were filled long before the hour for the opening of the court. ‘The doors were, however, kept closed until Judge Boardman arrived in his chambers, A general rush was made when the doors were thrown open, and the police found it necessary to place a bar across the door, Every available seat in court was occupied in a few minutes, CONCLUSION OF THE SUMMING UP FOR THE DEFENCE. Mr. Tremain, in resuming his address to the Jury for the prisoner, recalled the argument of Friday night, and then proceeded to argue from the localities that Hart lied or all the witnesses who were near the spot at the time of the shooting Med. He then called attention in tois direct con- nection to the fact that it was thought necessary to confront Stokes with Fisk for identification, and that Hart, who says he knew it was Fisk who was shot, never pretends to have, said that Fisk was shot, ‘Who was it that told these boys and Henry De Corley to keep their mouths shut? Hart and Red-- mond told them they were to keep ailent. De Corley told them the same thing. Who was it who was a friend of Fisk? Was it not singular that De Corley should be found inattentive after two years’ ser- vice for the first time, just after the firat trial? What influence succeeded im discharging John Moore, the first man WHO REACHED COLONEL FISK from the street? Who was it who expressed a ré- gret that there was some difference’ between the testimony for the prosecution? Would not a man of humanity have rejoiced at the possibility that he might have been mistaken and that the prisoner might be proved innocent? Who was it who fur- nished these boys better food? Who was it who was contradicted flatly by Captain Byrnes as to the man who gave him a pistol? Mr. Curtiss was called to repel the idea of the presence of any one in the hall. Why, many men rushed in at the shots trom the outside, and could they believe that when they were heard those in the hotel DID NOT RUSH THERE 100 f He only alluded to that to show that the most honest man in moments of excitement might be Mistaken as to cireumstances. What power re- meea the Morse family? What power made Jenny Turner disappear, until, in the providence of God, her residence was communicated to the prisoner and her secured? He could not permit any veil of charity to rest on Thomas Hart because he was a ROOF bor he was sharp, shrewd and cunning. idle ana poorer classes were as arule more bound by the rules of truth than the more patrictan members of pceiaty, and this could not plead rance or weak- ness. He alluded to the dificulty of knowing the heart of man, except to the hty. and the hight that was throwa on it by the testimony of the prisoner. He recalled to them the story of the prisoner that ALL WAS DOB IN-A FLASH; that there was no time for thought; tnat there was no determination, no intemtion. The God who tried the heart and the reins, who had absolute ledge, was not a harsh and stern Jupiter To- nang, but a God of love, who gave His only begot- ten Son that the world might not perish, but have life, Mr. Fellows had very CURVERLY, INJECTED into this case thai the former trial the defence was that the doctors and not the wound killed him. He forgot to tell them that on that trial the ution laid the foundation of that defence by ig before the jury Drs, Tripler and Fisher, the hotel doctors, who gave occasion for that de- fence. The prosecution had not produced spe this time, and it was not for the defence to go In! their cam) rove that no chance of life was left to Mr. t h the administration of di and be bound the answers of were interes ‘J Foutent au proper. He claimed that the pietol of the pris Was overruled by a r death of James Fisk was jostiggpie, Pie aid ho glaim that aetna Mere a Li show a 4 ent A violent, réckless, without moral restraint—was known to the prisoner and actedon his mind. Justifiable homicide was a killing where there was a reason- able apprehension of life being in danger. He claimed that if not the assailant the prisoner ‘Was not bound to retreat at all. Torun away was repulsive toevery man. To demand that when a man is in the iden shall retreat rag to pl: too great a burden on human nature, He quote 33 be) that th from ion ee new this, Het ue sho’ e. ir the ‘was whether the mer ae aa seme facta believed him- it in immediate danger, and that in this relation ey Might take into account en A MORBID igang on the of the defendant;” They must judge whether the prisoner with his light had a repscns ble apprehension. The prisoner told them the mo- tives and pene which drew him to the house. They found him dressed unfitly for a shooting. They fouad him not knowing that Fisk was to be there. They found him at least eight feet trom the corner of escape; or, as he said, three or four ste} down. He sees this man preparing to flre—I fires once, he fires twice, and Fisk’s arms drop. Stokes’ safety is secured‘and he at once leaves the scene. He recalled how Stokes had stood the cross-examination of the able and experienced counsel for the prosécution, and the fact shat “ PROSECUTION BAD NOT Bal - to call 5 wi ness to impeach him—an abstinence hich, in view of the course of the presecution, they would not ascribe to any delicacy towards the prisoner, but rather to their inability and the fear of the overwhelming gd of his good character which any attack would have drawn out. He re- ferred to the testimony of Mrs. Williams as to the threats of Fisk against Stokes, as to his carrying s istol and as to the communication of the threats the prisoner. He recalied the character given to Fisk by the prisoner and railroad men, who all thought him dangerous and reekless. But it had been intimated in the cross-examination that he was acoward. What! @ colonel of » regiment & coward? (Laughter.) And an admiral on thé high seas & coward? But it aided the prosecution nothing to pfove that he was a coward. Cowardice ‘and cruelty always went hand in hand. He was the man who was RECKLESS IN HIS MEANS, who boasted his touch was cold and clammy, who threatened Stokes with death and threw him into rison, Who showed more Toyal state, whe came a colonel when he wished it, who-employed bata te and hada theatre for their exhibi- tion. js was the man who confronted the risoner on that day. Mr. Tremain then considered he question, was there another pistol ? He recalled the testimony of De Neng of the Harlem carpen- ter, of St leton and of Jenny Turner, as to the finding of second pistol, and the fact that their testimony was uncont icted. Where had the cloak been between five o'clock and seven? Mr. Morse was not produced who took it from him. ‘They had heard till this trial of but five holes, and it now appeared there were eight. What did Fisk’s remark mean, “HE Was TOO QUIOK FOR ME,”’ heard by John Moore ? what Crotchett’s remark to bead. “I am looking for another pistol?” what Captain Byrnes’ question to De Corly, if really put, as to the pistol before showing it, if there was no second pistol? Counsel impressed on the jury the duty of giving to the Brisoner the benefit of every reasonable doubt, and closed by urging the jury to pm yr dy on arty so beautifully de- sel ‘aul, and wit! tl they might be inspired by Srsytlend abermee 4 LIGHT FROM HEAVEN which would enable them to clearly see their duty. He implored them, if they concurred with his re: soning, to pronounce @ verdict of honorable a a Mr, De Passos submitted some requests tocharge, and the Court took a recess. Samming Up for the Prosecution—The Other Side of the Picture Eloquently Presented. Mr. Beach, on behalf of the prosecution, rose at half-past one o’clock, and proceeded with his sum- ming up address to the Court and jury. He sat GENTLEMEN—The prisoner gave ge a history of the bloody trage which took place twelve months ago. For twelve months he contemplated it, and was in consultation with able, faithful and ingenious counsel. All that his own memory could recall and the suggestions of devoted learning could furnish him for twelve months has been yielded to him,.and he was placed on the stand to tell the story of his guilt or innocence. It was a pee exhibition. ll the picture of: his early jife and manhood painted oF eunsel, the story of those lessons of maternal love and the influence of tnese blessed teachings which are learned no- where but in the family circie, the home of inno- cence, He was & young man, my friend said, just starting upon the path of manhood, with all its possible achievement a honors be- fore him. Yet he comes almost with the clank of fetters around him—all the hopes which cheered his early boyhood, ali the Px gga of maternal paternal hope frustrat 4 ee he an igno- prisoner, charged with the crime whose ig death. Ikmow that there is an appeal- ia sysh p Prenpuge Which speaks 1 the hearts and sympathies; but, standing here as rep- , Tesentative of the people and the iaw, bound to appeal to sone sense of justice and maintain the integrity of the law, | am not insensible to this gad and mournful spectacle, and I cannot indulge in a single emotion of enmity or one unkindly feeling towards this defendant. If I could I would not stir your hearts with a single unjustifia- ble seeing, against @ man struggling in the *meshes of the law, but I am bound, as you are bound, to do your duty in this lace; @ duty which the institutions of society aud he 0} zation and Camere of the law im- pose upon you; nay, a duty which comes upod you with ivine pag which demande justice pian the slayer of man. Ages ago, over the burni plains of Syria, the divine maiediction sounded, *Whoso sheddeth man’s biood by man shall his blood be shed;” and through all the 8 it has sounded and still rings in the hearts of men, and in every age and every clime and by every f people it has been obeyed; and the sentence is siill “The er of man shall die by the hands of man.” Itis inful to see that venerable father, that lov- and affectionate mother, that tender and clinging sister and that manly fraternal love wi Cid to @ brother in his emergency, When my friend spoke of this cluster of relatives and friends gathered about this man in his ex- tremest perilevery heart beat with a responsive Soawath to the appeal, every eye was dimmed by the unbidden tear; and when, in his last appeal to this jury, he askea them if, in this season of fes- tivity, peace and kindliness, they would give as a New Year's gift to this father and mother ana family the mangled remains of a beloved gon, why’ T could see your eyes quiver and your lips blancl and hear your hearts beat. But there was another New Year’s Day, Just as sweetly and gently as now it broke upon an erring world. It came with all its sweetness and beauty and attraction then to cheer men as to-day. Oh, would to God that this man had remembered then the beneficence of the hour! Oh, that he had thought then and felt the kindliness of the season; that in its enjoy- ment and pleasures and sympathies he had spent his time, rather than in the indulgence of criminal arsions and revenge. Better ror him that then, in e hour of temptation, when he saw the oppor- tunity of swift and sure revenge, he should have thought of the lessons he learned at his mother’s knees and not wandered trom the path of htness. Although Iknow Icannet shut your hearts to the influence of this human sympathy; altuough I know I cannot steel your souls to mercy, yet I tell youin this moment when the great interests of truth and law an society are submitted to your care and administra- tion, that the question is not only whether this man siall be judged in right- eousness and truth, or the very foundations of society shall be subverted and the care and pro- tection of the law made void if youshould give way under these circumstances to these impulses, emotions and sympathies so freely addressed to you by the counsel; but whether more blood shall low and murders abound still more, and that the time is come when young men can come into Court and by the exhibition of sorrowing friends and dis- honored relatives break the mei of the law. Speaking of the demeanor of the prisoner, Mr. Beach said it was characteristically cool. “Aye,’’ said he, turning to Stokes, ‘‘and the remark b! pas now & smnile upon his face. He has been all thro: smiles, not the sorrowful young man deseribed by his counsel.” If Fisk, under a shameful law of the State which legalizes >_fambung, was @ Cer in specie, what had the jury to do with that? The men who were brought to against his character were men in constant litigation with him. Vanderbilt, Ramsey and the rest, ex- cept Diven, were his sworn foes and violent and embittered enemies as railroad men, And Diven says he was a genial and merous man, who had troops of friends, But he was be! red and seduced. The harlot Mansfield was his plague, his temptress and traitress; and it was from such lips and those of the woman Wiliams that judgment against character was sought. Do not judge him harshly. His career is run; he can do no harm. Groesbeck says he was a physical coward, and you are to suppose that the very appearance of a man of such a character, known 4o the Logs would impress the prisoner with the idea, “I am in peril.” The very idea is ludicrous. A cool and unerring shot, taking no aim, but hitting With unerring instinct, he cal awaits Fisk, has time to change his cane frem one hand te the other and send two bullets into nis yictim before a pistol could be liited inst him. Like a celebrated duellist of the South, it mattered not that he wore gloves and took no aim; his aim is certain, Who testifies that Fisk ever threatened the prisoner? Mansfield, the kept mistress of Fisk, who discarded him to make room for his suc- cesser. (Here counsel turned around and pointed at the Rrisoner) And yet the jury were asked te ide their judgment on the words falling from the Boltutea lips of the aduitress. Why did that model young man, who is also 9 married man, direct his’ steps to the house of the harlot, the strange woman, who leads to death? (Here counsel turned to the prisoner again.) Why transact his private business and have his private papers in that house of iniamy? How did he ‘get possession of the private letters written by. the deceased in the urse Of illicit love ~ hy did he and Mans- field conspire to publish them? If the prisoner sets | up the pics os Seetdtie nt an rine to give satisfagtor: lence | e Was eect ae Svideuce, The dectelon ta the | Case of the People vs. Lewis is that if tuere was clear jon. i, threats heard trom third parties eno difference. ‘fhe prosecution claim that all the circumstances point to the conclusion that it was a long-meditated design, which is more than the law juires. Counsel ext traced the movements of the pris- oner, driving by the Grand Opera; secs Fisk’s car- riage waiting, and thas learning Fisk would be out, These men hated each other and watched each other. The prisoner goes about making in- juiries as if he got information of the coming in- a ‘ment. He drives to Mansiield’s, sees Josephine in the Hotel “ton he walks proula wath he oock We Then ie iided equip eof Fi “a few blocks off. ‘hen, instead o! bitty. Inthe ofice or sendin; up his card, he steals in by the private door, an in his fr m’s dress loiters among the lady @tests—this man, who pretends to be a gentleman— until he judges it is time to return to the head of the stairs, And when he reached the turn where he was sure he would meet his victim and that there was no escape from his toils, he gives vent to the flendish exclamation, “NOW, I HAVE YOU!"? The boy Hart heard him. The boy Redin, standing at the foot of the stairs, saw Fisk ascend to the Bere and saw Stokes at the head of the stairs ire the deadly shots. Coghlan, a witness not as- sailed by the defence, saw the prisoner with his right hand in his coat pocket! HE WAS WAITING FOR FISK. Three witnesses swear they saw him at the head of the stairs. He places himself three or four eee down, for the reason that at the top, supposing he feared Fisk, ag he says, @ single step aside would save him, without the imputation of cowardice. Stokes’ witness, Jenny Turner, contradicted him in some particulars. She attempts to defame Mrs. Morse in carrying out the prisoner's theory. You hi Mrs. Morse, continued Mr. Beach, and I have no eulogy to offer of her, and 1 have no de- fence to offer for her against the vile and ungen- tlemanly insinuations made against her by coun- sel, and I have nothing to say in condemnation of the man who in open Vourt, without a single par- ticle of evidence to sustain him, indulges in such vile and unmaniy insinuations against a lady. You have seen her, calm, self-possessed, respecta- ble, ladylike, instead of possessed of the bold effrentery of ¢ sony Turner. In closing, Counsel said :— Gentlemen of the jury, this is a struggle be- tween the law and perjury and fraud and tne trial test of the administration of the law. You are to determine whether the wicked contrivances of the accused shall overeome the law and the intelli- gence of juries. His friends are with him. Ke- spectability has been subsidized to screen a malig- nant murderer; but [do hope that you will prove that, though Romie screed mav be subsidized and young Christianity surround him, it cannot pro- tect him from the punishment of the law. Mr. Beach concluded, after an address of five hours’ duration, by solemnly adjuring the jury te perform their whole duty in the case. At the conclusion of Mr. Beach’s address Mr. Tre- main rose to call attention to langu in refer- ence to him, used by Mr. Beach, and which he was not accustomed to listen to in patience. He (Mr. Beach) said that he used ungentiemanly remarks in reference to Mrs. Morse. Mr, Beach—I said “insinuations,” upgentlemanly ones; and I consider them 80 still. Mr. Tremain—Ha! The matter here ended. THE JUDGE'S CHARGE. Judge Boardman’s charge Secure one hour and five minutes in the delivery. In his opening he complimented the jury for their attention, the counsel for their ability and fairness, and the press for abstaining trom criticisms on the case. His Honor then charged that whether the de- ceased was good or bad, a man o1 vile habits or per- sonaily ih and virtuous, was @ matter not at issue, Neither had the business nor social rela- tions of the prisoner, nor the character and position of his friends any reference to the case. Every maan was equally entitled so protectien before the Court and to equal penalty for his crimes, and neither the vengeance ner hatred of Mr. Fise’s friends or the sympathy and sorrows of the eo oner’s should warp their judgment. It would be @ disgrace to the administration of justice if so permitted their verdict to be reached throug! such instrumentalities and a reproach to each of them individuaily. The killing of Fisk by the fee cast being practically conceded, and discard- @ the other circumstances surrounding the case, which should not be considered, let them see what was the real point issue. The question was whether such killing was or was not @ crime, and that question was confined within oer doe narrow limits. Counsel on both sides agreed that the killing was either murder in the first degree or manslaughter in the third or justi- flable homicide. To determine that poiat it was important to consider were there two pistols found or only the one produced, and which con- ceded to be the prisoner's, and whether the Pg oner was acting in self defence; whether Mr. Fisk, having ao pistol and being incapable of making a dangerous assault, the firing was justifiable. Hav- ing alluded to the Serene im the testimony as not owe! involvi @ untruthfulness or want of intelligence of the witnesses, but all of which were questions fer the jury, he called atten- tion to the strong motives of the pris to testify. His Honor continued: Gentlemen, 1s for you to decide on the main testimony—whether two pis- tols were foun® You will recollect that no one saw the tol in Stokes’ hands. Except the evi- dence of the cre ae all the other evi- dence shows that this pistol wherever seen was 10 the hands os vthera, the evidence of the pre: oner is to be believed the theory is overthrown that would establish the assumed fact that there were two pistols, one of which was in the hands of Fisk. You will, thereiore, first of all, determine WHETHER THERE WERE TWO PISTOLS there, and if you find that Fisk,had no pistol, that there was but one pistol, and that the one with which the prisomer inflicted the fatal wound, you will have less cult, believing that the pris- oner was not actuated by a teeling of danger to himself from anything that the deceased was pro- poss, todo or abie to do, and was more actuated yy malice and a design to effect the death of Fisk, because there could in that case have been no great danger to the prisoner, he being armed and ta safe distance, and it was easy for him either to defend himself or to avoid any sudden conflic such as it was in the power of the decease: to make, and, sequently, if he failed to avoid the conflict, wh he anticipated, and had to kill Fisk at, the time when there was no assault upon himseif, endangering his life or threatening any great bodily hi , he stands, in that event, unde- fended before you. But if you find that there were twe pistols two questions will come up before you for consideration—first, as to whether the prisoner, in firing the shot, was acting in self deience, an did what he could under the circumstances to avoid the conflict. It was his duty, if he anticipated a confict, to avoid it as long as it was possible, without great danger to himself And if he saw Fisk coming up with @ pistol in his hand, which was not raised or pointed at him—if it was practicable for him to get out of danger and withdraw from a conflict he saw approaching—it was his duty to have done so rather than to take other means and to effect the killing. But if Fisk had hig pistol drawn, and the prisoner was in a situation that he could not escape a conflict with him without exposing himself to contmuous and greater danger, he would be justified by the law if he believed he was exposed to this danger, and that the deceased intended to shoot him; then and not till then was he excused in firing in self-defence. The Court here proceeded to define the law applicable to murder in its various forms, enumerated the heads ofevidence from which they were to draw their’ conclusions, and explained the theory o1 the prose- cution 80 far as it was based ‘on the perforations Made by the fatal bullet in the clothing of the de- ceased; he instructed them that the silence of the prisoner when arrested and confronted with the deceased was not a proof of guilt. Neither were any declarations which might have been made by him or by those who surrounded him, for it was easy for him or other persons un- der,such excitement to saya foolish or a false thing, or to misunderstand what was said. There were two shots fired. According to the prosecu- tion the first was the fatal shot. That the prisoner knew this, and that notwithstanding that the dis- treasof the deceased evinced that all danger to himself was removed, which the prisoner foresaw, or thought he foresaw, he, with continuous malice and carrying out his design, fired a second shot, Ww ich passed through the arm of the deceased. The prisoner says that this was all done on the instinct of the moment, and that he fired suddenly the second shot before he ‘had an opportunity of witnessing the effect of his first shot. All the witnesses indicate that there Was but a very trifing interval between the two shote, If you be of the opinion that the prisoner fired with premeditated design to etfect the death of Fisk and without being in any danger from him, or without believing himself to nave been in denser from him, and that there was nothing to ex Teasonable apprehension of such danger, then of course the crime of which you would necessarily find him guilty of would be murder in the Wrst degree, unless you might think from all the circumstances that it might be MANSLAUGHTER IN THE THIRD DEGREE. You are, therefore, to inquire whether the evidence in this case is such as shall satisfy you that there was @ conflict between the parties in which passion was roused, and that in the heat of that passion the prisoner fired without reflection or premedita- tion or design of taking life. Upon that question, and that question only, whether there Was any great danger to which the prisoner was exposed and which would justify him in the shooting of Fisk, does the character of the deceased come before hay at all, and only so far as this does it show that he was the man of peraouat violence, @ man who would by his own strength or boldness inflict chastisement upon another, and who would undertake in person the punishment of an indi- vidual to whom he was hostile, or murder him, or inflict any Senty upon him whatever, for if such was the racter, and that it was known to the prisoner, and that they had a collision under circumstances which led the prisoner to believe that Fisk was about to shoot him or do any act of personal violence in connection with the other facts of the case he would have a right to act on that knewledge and to syeune what he would not have been at liberty to assume if he knew Fisk was a coward and if hostile spirit was exhibited in menaces towards the prisoner. In conclusion His Honor, after explaining the nature of the doubt to which the prisoner would be en- titled, said:—I hope and do not anticipate that there will be Gd disagreement in this case. The case itself is most important one, and it ig a grave and serious duty which the law im- poses upon you, The prisoner is either guilty and should be wunished, a be ape Lae “cay y for you to say which. tet acat ey iis in would be an sor of mjas- tice in one form or another, and, therefore, a thing to be deplored. 1 am led to these remarks from the fact offered in evidence that the case was once tried before and that the jury fuiled to agree. It would bea misfortune if you, also, failed to agree, and I therefote earnestly solicit you, when you ns to divest yourselves of all outside feelings, opinions and prejudices, and confine your- selves solely to the evidence, and render your ver- dict, after mature deliberation, couciusion and ar- gument, as shall seem to you just and right. Ifyou are the honest and intelligent men I belleve you to be you will do what I suggest, and I submit the OAT ee at aaa ea took exception to that portion of the charge relating to a third theory—as to the pistol—which was not suggested by the coun- sel. Exceptions were also taken te some other ene especially to His Honor’s refusing to chargé he jury in the exact words of the propositions submitted by counsel for the defence, the Court deeming it safer to read on the points raised trom tng at rute hooks. he jury thén retired, the Court intimating he biel await the deliberations of the jury for two jours, THE SCENE IN COURT. The charge of the Judge was listened to with the deepest attention by counsel on either side, b; Stokes and his relations near him and by the audi- ence, undiminished in number and greatly excited by the near approach of the supreme moment to him who was the cynosure of all eyes and the sub- ject of comment to all, as to how his fate might turn om the charge just delivered and on’ the de- cision of the twelve men to whom his fate was by the law comsigned. There was little comment indulged in on the charge itself, or in what way it might have been deemed favorable or unfavorable to the prisoner. It was not acharge to criticise; it was brief, considered just, perhaps, under the circumstances; but it was mitted that it dwelt somewhat fully upon manslaugh- ter in the third degree, giv tise in the minds of the audience that after all the jury might take such a view of the case and render, under the Tuling of the Court, such @ verdict. The result was, however, far different. After some requests to charge, or exceptions taken to portions of the charge by Mr. Tremain, referred to in the proper piace tj ey retired. There was then @ general ‘pet of tid audience, reyes out by their loig sitting; @ stretehing of limbs, an justment of headgear by the ladies, a seizing of overco‘te, overshoes and hats by the L iggens and a [igre stampede towards the doors, until the stern mandate of the ofi- cers insisting upon all remaining in their places for a time. The prisoner and his guards have, properly, the right of way in this case, and until his removal in custody none are allowed to leave the room. Looking around it was noticeable that the interest or the morbid desire to see the affair out for the night actuated at many, who retained their seats, determined to await the return of the jury, expected at ten o'clock. Event- ually all desiring to leave for a while got away, the majority remaining to discuss the proceedings of the day according to their several views and im- pressions, WAITING FOR THE VERDICT. During the long hours waiting for the verdict the DAY, JANUARY 5, 1873.—-TRIPLE SHEET. waiting for the verdict on his former tria! was all gone. He seemed elated with the fall con- sciousness that the deliberations of the jury would either set him free, or else give him an opportunity to give bail on account of their disagreement. Stokes took a light supper at a quarter to ten. A dozen oysters on the half shell were brought to nim. He eat four or five; the rest were left lying on their shells. Neither the mother nor father of Stokes, fortunately, a8 the sequel will show, was present at the delivery of the verdict. While waiting for the verdict the ladies con- nected with Stokes’ family, all of whom appeared to belong to the highest rank of society, seemed to bein deep trouble and anxiety,.and ever and anon would look at the clock and again at the door through which the jury were to pass to their seats. Stokes kept on smoking, and his younger brother, Horace, who has been go faithful and steadfast to him through the varied victssitudes of both trials, seemed far more anxious than the prisoner him- self. Ata quarter past eleven o’clock there was observable in the Court, among the waiting au- dience, that premonitory bustle ard confused hum- ming which is always noticeable when a long ex- pected event is about to take place, First came Mr. Sparks, the Clerk, from an inner room, followed by the officers of the Court, who pushed chairs aside and made a passage way for the jurymen. Then came the jurymen’s attend- ant, who opened the door of the box, a(ter wnich followed the prisoner, looking as undaunted as ever, and surrounded by his friends and relations. These latter took seats facing the jury box. The Judge then entered and took his seat on the bench. At this moment THE TWELVE JURYMEN filed in, looking very grave, and presently they took thejr seats, As they passed in it was notice- able that but one man out of the twelve looked at the prisoner; all the rest seemed to avoid a glance at his face. There was a dead silence in the Court. There was no need to ask what their verdict would be. It was inmprinted in the lines of EVERY MAN'S FACE OF THE TWELVE. First they answered severally to their names, and then the Judge, in the usual manner, said, “Gentlemen, have you agreed upon a verdict?” Foreman of the jury (rising) —We have. Mr, Sparks—Gentlemen of the jury, rise. Pris- oner, stand up. Gentlemen of the jury, look upon the prisoner. Prisoner, look upon the jury. What say you, gentlemen of the jury? Do you find the prisoner at the bar, Edward 8, Stokes, guilty or not guilty ? THE VERDICT. SEM Mebal ay Foreman of the Jury—Guilty of murder in the first degree. At the moment that these words passed the lips of the foreman, there arose in the Court such a terrible piercing wail from one of the young ladies dressed in deep mourn- ing, that it seemed to curdie the blood of every man and woman in Court. None whe heard it will ever forget it. The young lady who uttered this cry fell forward with her face prone on the shoulder of the prisoner. Horace Stokes, the brother, burst into tears, and all his friends and relations by one impulse, as they clustered around him, seemed terribly affected. The jury were then poiled at the request of Mr. Townsend, one of the prisoner's counsel. When asked by the Clerk if they all agreed upon the ver- dict they answered, separately, “Yes.” Some of their responses could not be heard ten feet from where they stood, As the twelfth man answered “yes” STOKES ROSE SLOWLY, and, facing Mr. Beach, one of the counsel for the prosecution, and who had at one time been a coun- sel for Mr. Stokes in @ civil case, said, slowly and deliperately, “Well, Mr. Beach, I must say you have done your work well. I hope you have been well paid for it.”” Then Stokes sat down. Mr. Beach did not reply; but his face turned alittle away from the prisoner, Mr. Fellows, the Acting District Attorney, rose, and, addressing the Judge, asked that SENTENCE BE PASSED UPON THE PRISONER AT THE BAR. As Mr. Fellows sat down Mr. Lyman Tremain, the able and learned counsel for the defence, who had been sitting by a table with his head bowed in his hand, stood up and said:—“Your Honor, I hope you will not think it necessary to pass sentence at this late hour of the night. Would it not be vetter to wait till Monday morning *”' Judge Boardman—I see no absolute necessity for passing sentence to-night, and I see no impro- priety in acting on the counsel’s suggestion. I wil! therefore DEVER SENTENCE UNTIL MONDAY MORNING. District Atterney Fellows then addressed the Court in an explanatory manner, and stated that Messrs. Beach and Fullerton had not been em- ployed by Mr. Fisk’s family, and that they had been employed by the county to assigt in the prosecu- tion. Stokes (rising suddenly and interrupting)—Mr. Fellows, state that court room was not more than half crowded. The ladies related to Stokes’ family, all dressed in deep mourning, were grouped together sitting on chairs, and above them the chandelier burned brightly with its many lamps. Some few persons had gone to sleep on the upper benches, and here and there an officer of the Court strolled around and gazed vacantly at the ceiling. The reporters scribbled without purpose on the fly sheets, and conversed with each other about the incidents of the trial. The Judge’s seat was vacant, as he had gone to dinner at either Delmonico's or the Astor House, and it was rumored that the counsel for Stokes and Beach? Fullerton and Fellows were dining with him. In the Supreme Court Chambers the prisoner, Edward §. Stokes, and his cousins, Walter, Thomas and Henry Stokes, were conversing and walking to and fro. STOKES SEEMED MORE SANGUINS than he has beem at any time since his imprison- ment. So sanguine was he that halfan hour be- fore the jury came in with their verdict Henry Stokes, hig cousin, had @ bail bond made out, so a8 to give bail immediately on the possible disagreement of the jury. A little before ten o’clock a sumptaous banquet was pre- pared for the jury in the Supreme Court Chambers. Along table wat set, covered by a white cloth, on which was spread game, fowl and all the delicacies of the season. The jury ate a hearty and pleasant meal, occupying twenty minutes or so at their supper. They then went back to the jury room and were locked up again by Valentine. In the meantime discussion was rife in the Court among the audience, nearly all present canvassing the mtuation and the probable result of the delibe tions of the jury. ' The BEEVONERERs Which Stokes dismisred while THEY WERE HIRED BY JAY GOULD, Please state that. There was an intense sensation in Court at this moment, and Mr. Fellows then resamed his ad- dress, stating that he was glad to retire from an office where for three years he had been accus- tomed to witness such scenes of suffering and sor- sow as he had witnessed to-night. The Court then DISCHARGED THE JURY, with thanks for their attendance and for the courtesy they had ghown him during the progress of the trial. Then the audience began to move, and Stokes, who showed a firm manner, conversed with the sobbing ladies and his other friends. Again as Stokes stood up to leave the Court he Spoke bitterly to Mr. Beach. He said, as he rose :— “Mr. Beach, you should be well satisfied with your work, and I hope you are satisfied, for you did it well.”” Mr. Beach (excitedly) —No, Mr. Stokes, I am not satisfied with my work. Then Stokes’ friends gathered around him and got between him and Beach, as it was feared that a collision might take place. Mr. Tremain got upto leave the Court with Stokes, and as he did one of the jurors, a small, dark-featured man, with a high hat, leaned forward over the jury box and said to Mr, ‘Tremain :— “Well, Mr. Tremain, I hope that you do not feel any way bad against us, as we tried to do eur duty. I am sure you did yours, and worked as hard for Stokes as if he was your own son.” Mr. Trematn—I have nothing to say, but how did you stand on the jury? Juryman—Well, I do not think I have any right to state that, sir. District Attorney Fellows—Oh, there is no harm; now it is all over you may speak your mind, Juryman—Well, we stood, going out, TEN FOR CONVICTION AND TWO FOR ACQUITTAL. Mr. Dos Passos (one of Stokes’ counsel) —Yea, and those two gave in like cravens and cowards. (Sensation.) Stokes (to the jurymen)—Why, you don’t mean to tell me, as honest men, that any of you believed in the testimony of that scoundrel Hart? Why, I am sure there is not one man of the twelve be- lieved in his heart what he said or did. I know how it is. Every one has been humbugged by false and perjured testimony, BOUGHT AND PAID FOR, THAT 18 THE TRUTH, so help me God, at this solemn moment.” Here District Attorney Fellows came forward and said :— “Ed, 1 hope you have no hard feelings against me, I did only my duty, and did net try to exceed it, as God made me.” Mr, Fellows was weeping at this moment, and every person in Court was crushing and pushing right and left at this mo- ment. Colonel Fellows, as he made his last re- mark, offered his hand to Stokes, who refused it and said :— “All right, Fellows; I hear all you say, and I sup- pose you think it’s all right, but a verdict given on perjured testimony is s villany that no one will countenance—never, never as long as the world stands.” Here the Court was cleared by the policemen, who bobaved as if they were in 8 riot; end, opps | 3 -— sage having been made, Stokes walked ont of cour arm in arm with Mr. Tremain, and followed by the sobbing ladies, who clustered around him and held his hands as if they never would let go of himy And thus ends the second act of this the most ex« citing of modern criminal trials. Stokes w: taken down to the cell In the Tombs, accompani by Deputy Sheriff Shields. THE JURY. The following 1s the full jury, with the nameay business and residences of the jurors in the Stokes. Fisk trial:— 1, David Egglestone, iron merchant, No, 8 East Thirty-fifth street. 2. Charles 8, Loper, retired merchant, 62 Varicly street, 3. John A. Beyer, 337 East Fifteenth street, lous merchant. 4. Abraham C. Morris, insurance, 34 West {hirty4 sixth strect. 5. Charles A. Yost, clothing, 102 Rowery. 6. Jesse M. Bolles, merchant, 121 East Fifty-fourth street. 7. Josepa Sands, 520 Lexington avenue, architect. 8. David Hepburn, carpenter, 547 Broome streets 9. George N. Manchester, prickmaker, toot East Ninety-first street. 10. Augustus Bechstein, provision merchant, 100 Hudson street. 11. Cornelius W. Luister, builder, 326 West Fifty sixth street, 12. William P, Mitchell, printer, 100 Bowery. THE NEWARK TRAGEDY. Thrilling Theme for Temperance Lecq turers and a Terrible Warning ta «“Jawing” Mothers-in-eLaw—The Al< leged Murderer Still at Large—Coroq nor’s Inquest Yesterday. In Newark, where they have had but two out andl out really murders of the cold-blooded, brutal typal during eighteen months and one executiony whereas in New York there were during the sama period some seventy-odd murders and but one orf two hangings, the terrible tragedy at 67 Jackeom street, in that city, briefly reported in yesterday’s HERALD, is considered there something — worthy of public consideration. A murde! is @ rare novelty there, and the people make much of the sensation created by one, 67 Jackson street is a low groggery, kept b one James Murphy, the perpetrator of the ap) deed of Thursday afternoon, for it now appears that the murder took place then and not late att night, though not known to the police until Friday: noon. The story of the tragedy, condensed fromm the sworn testimony taken at the Coroner’s ing quest yesterday, was as follows:. ‘8. Mary Anm Kane, a widow of about fifty-five, visited hen daughter, Mrs. Murphy, wife of James, on New Year’s night, and stayed there till next day. On Thursday all three, husband, wife and mother-in-law, drank considerably, and, aq usual with Murphy when drunk, he was quarrely some and tyrannical, He abused and struck hig wife, amd then when the mother-in-law begam jawing” him, as Mary Pryor, an eye witness, ex< pressed it, he turned on her with the fu of a tiger and dealt her a terrific blow o1 She sank into a chair bleeding profusely when, a: alleged, the brute attacked her again, ons fi the whole side of her face. He seemed determine to do all the “jawing’’ that was possible in the casa of the unfortunate woman. She FELL TO THE FLOOR DYING. Murphy had actually broken the litter across her face and head. The murderer appears to hava cay realized what he had done, for he soom gathered some things together and made good hit escape. This was between four and five o’cloc! on Thursday afternoon. Mrs, Kane died abou! midnight. Her daughter, Mra. Murphy, in her statement yesterday, said that Murphy had often quarrelied with her mother an frequently threatened to take her life and hers ine! He was a regular wife beater when drunk. ll th to him, the daughter alleges, w: ‘his was in remo! the side of the head with a stove lid re mother sai: “John, what are you doing?” trance of his striking his wife. ONE OF THE QUEEREST FACTS is that Murphy commenced the row because ol wife had been drinking, he himself being scarcel! able to walk steady. Alter the row, when Murphy escaped and while the dying woman lay on th floor in her gore, the hapie ! ter, it appears, retire to an inner room fell asleep. It w: by the merest aceident that the policed man on duty in the vicinity of Jackson street heard of the murder on Friday, abou noon, some twenty hours or so after it occurr The neighbornood is notorious for rows, and henca the disturbance in the Murphy groggery excited ng surprise whatever, ° THE MURDERER AND HIS VICTT™M. teri his wife and the murdered woman wer@ all well known tothe police. Mrs. Kane had been repeatedly locked up for drunkenness, and Murph: was @ noted rowdy. Yesterday Mrs. Murphy, wh had been taken into custody as a witness, was re« leased by order of the Coroner. The inquest wi adjourned till Monday. The police are strainin ‘every effort to capture Murphy. MORE OF BUMS WORK. The Elizabeth (N. J.) Murder Trial. For several days past the Union county Oyer and. Terminer has been engaged in the Court House at Elizabeth trying the case of John Fagan, indicte@ for the murder of Chauncey Clum, on the night on rather morning of Sunday, September 15, 1872. Tha evidence adducea up tothe adjournment of tha Court yesterday is simply an exhaustive cor« roboration of the facts as stated in tha HeRraLD just after the murder. On the morn« ing in question Fagen and some others werq in a saloon kept by @ man named Lowe. Fagen and one Peter McGurgan got into a discus< ston about politics. Finally Fagen fave's toast, “Here’s to Useless Grant,’ and McGurgan res sponded by saying, ‘“‘Here’s to Horace Greeley.’* ¢ this Fagen Knoeked McGurgan’s glass out of big hand, and a row ensued, which, however, wag stopped by the proprietor of the place. Mean while Chauncey Clum and Edward Connolly en< tered the saloon, ana, after Fagen had been put out the rampus was resumed on the sidewalk. Fagen then drew a revolver and peppered Rapp at te several persons. Clum was shot and so was nolly. ‘he former's wound was fatal. died a oa or so after. All the partied in the deadly rencontre were more or aon under the influence of liquor. was down at one time in grips with n= nolly, and Clum_ kicked him. The plan of the de- fence is probably to make out that the bovigp was done in self-defence. {t will be several yet before the trial is concluded, Yesterday, as o every preceding day, the court room was crowde with people. THE NEW FIFTH AVENUE THEATRE: The New York Theatre in Process of Re< construction—It Will Be Known in Future asthe Fifth Avenue Theatres The Present Condition of the Bullding, The theatre formerly known as the New Yorlg and more recently as the Globe Theatre was taken possession of on Friday last by Mr. Augustin Daly, proprietor and manager of the Fifth Avenue Theatre company, and a thorough reconstruction of the building was begun yesterday. Although it has passed successively through many eminent hands, and in many instances undergone soma curious transformations, the improvements in eacty case gave very little real satisfaction and added nothing striking either in beauty or taste to tha little Thespian edifice. The theatre has remained It seems closed since the discontinuance of ‘“Gold’t (by Jean Burnside) till Mr. Daly leased it from Mr. A. T. Stewart. When thi work of remodelling was begun the interior of the structure wore a topsy-turvy aspect, eVi< dently through sheer neglect. The low, narrova, windows were covered with dust and beri, and scarcely admitted a single ray of light. Th seats and chairs were stained and old looking, The walls wore a damp, unhealtby color, as if all traces of paint had disappeared, and the moisturd of the season continued to ooze through them. [ tact, there was nothing within notice which di not seem in need of reconstruction, and unless th whole buliding is made almost entirely new it never afford pleasing accommodation. This, how: ever, Mr. Daly intends to make it. His plan is have it reconstructed in the style of the late Filtl venue Theatre, end he hopes to have this acco! in three weeks. will be made in the structure:—A new stage, copes material and broader space than the las li) be erected, The proscenium, which is alrea torn down, will be remodelled and ornamente New and additional boxes will be constracte: and also new balconies, stairways and c! The ting will be entirely new, especially i the orchestra. Better and higher ceilti Aas inted and decora' at present 8 mere commo! baker) ‘Will be entirely c' and the outsid coe J of the theatre rr , Widened an painted. The stage 1s already completely torn and bgp hese? ee is bag if tho ough cleansing. piles ground on overt, side, and new beams of timbe: piled beneath the archway to the ene and alacrity with which the work is going While the theatre is be! reconstructed the Fit Avenue will in ti front Tobby. which