The New York Herald Newspaper, October 30, 1873, Page 3

NEW YORK “HERALD, THURSDAY, OCTOBER 30, 1874—TRIPLE SHEET. desire to make any further remarks in this Bat tell pistol was un ed. “assuming that there should be @ conviction,” | tence cannot be more adequate to the Ata crim rte ames Kedmon, sree joking up tne stairs into the do an act of cound to wait, but was fled the crime have committed. I do not tomlin kent epmued ‘that the Perry org poand to, walt, but was Justified in anticipating the | almost uniformly the same response. No one you iés in the sto 4 the three hotel boys | first law of nature, It is n eceeeny that it should be weemied to count on the possibility of a conviction but shalt tm Upon you ail the punishment thai ° 4 not mae, net, ley, Zruthinl Witte mamas Sans eee we c yao sag Dut | OF acquittal. the law authorizes, only regretting that the sen- e see ct and enbther will ~] the: arent that rests upon your guilty head. The sentence o: aay eas todmnom’ eagted, ta another. “No wonder | fiiminentdanger. and reasonable and wo apprensnd remarked one gentleman to a knot gathered about | the Gourt is that you be linprisoned. inthe ‘state TARGE, VERDICT AND SENTENCE. Routh o1 the PrHO” get, ylering pistol it he did uot see | te design of being carried out by his enemy. But when | him, who, with everybody cise, was earnestly dis | Prison at Sing Sidg at hard labor for the term of THARGE, » | Bir Har He adie btind hie controling ack | Pal Hats Minis, sgh ckeumiarice's ie ld | cussing the one absorbing theme, “Stokes is aure | four years ing is, that the prisoner was | gia‘utes, that ut he is not bound to of another trial.” Stokes received the sentence with a fortitude escape if he can; bi if bell Jhter | 12fsaipe hues the wile fabric” ote dette again thot ivan dat from the facts that Fisk wan are, of What makes you think so?” inquired one of the | that astonished nearly everybody. At frst his Verdict--Guilty of Manslaughter i tis not disputed. | escape: he was juauided in elie: but not it he could ex- | @FOUD. ead was bowed down, but at lenght he cape by turning around a wall or entering a doorway, “[t 1g a8 plain as day. The conduct of the eighth | straightened up and at the close showed no the Th egrees e fireman, against | Oth et the danger was not very imminent. If it was true fecling. in the Third D: Whom there are uo Logans aud Brennans brought saw | that" ise “was running st him, apparently” armed, | Juror ts enough basis for @ new trial,”” continued | “4 great victory,” sald a gentleman afterwards Me eeamind hima walling, watching at the head of that | &Nd in athreatening manner, when Btokes could cacape | the spol ae barty. m to Mr. Tremain, on harrow passage. “The cloak, counsel for the prisoner 4 him without necessity you will Aud him guilty | sso Stokes won’t be hung on this trial?” queried | «4 great, great victory,” answered Mr. Tremain tells You, can lie; but you heard from him that there is | fy zHansleugacer im Oh fered ending kil, he will be | ® third gentleman. with emphasis, ‘ “Hung—no, not on this trial or any other.” r past oloe! hecgestnpadea Ono recklessness and curelewmess In the use of & ‘Bo sou talk iney wise Be ew COAT drama ended Broxes Was ounediniat taken ee . , ‘ , caused death, then you can convict him cted; the Stats Prison. anu proves chat ving raraied almost perpenaien, | deasly eanen, utes eat Juana." he ct 'thacte | will be no. convichon. “The Jury wil disagree | {He,,Fombs by whedeputy ‘sherits having jin inchon frourthe suriace, it muse have been fred: from @ Ppisoner is under indicumen’ is not, en. impeachment of | that’s a sure thing. I1{ was @ betting man I'd bet | enptied. y 18 is testimony or the language ot the counsel lar I’ve got in the world on It.’? ptied, considerable height above him and not, as the prisoner a, 's request, | eve: swore, within a few fect of itn, when the deceased was | 2&4 ts.testimony isto be reeetved like that of, ay obey “Well, it there (s disagreement, what will they y rushing up with deadly intent to shoot him. The pris- circum- | do then?” asked another of th up. Close of Argument of Couns | tnerstutemen: thar the deceased ata not throw np nis | Of, any, giher, ness togtuyine aden SimataT cute |e Apply sor bai ahex Of the group Sentence—Four Years in | one witnéss which cannot lie. That incontrovertible fuity otmcauaier ip the thi SENTENCE OF DEATH. arms at the first shot was next shown to be improbable | jury will weigh the prisoner's testimony; considering | e be admitted to bail” a inasmuch as It ts impossible td conceive how the woun Yney will'the testimony of all partiss whether the; . a . his Race det te tao Moubansen traned , le in the abdomen could be inflicted It the deceased still | faye anu” jestimony of “The Court can’t refuse it. Wasn't bail taken for e Last Act in the Stephe gedy, selffor the Paap > : f ony, 1 intro gs akg and hi tie els Lew Baker and for Dad Cunningham aiter @ sec; | at Jersey City=Jacob Mechelle To Be Bae anata cee wae ed MOE oe eth ond disagreement of the j in their cases? whet ie second shot wat 4 ir tes e jury in their c gctuated, sald counsel in conclusion, , throaghout se tate ur ‘otters Whordowotpecupy such relation, | ‘Those men were never tried again, and neither | amsed. this investigation by no | tle, syiapathy, P nats | now feel ivmy duty to call your attention to this, will Stokes be,” . Yesterday morning Jacob Mechella, the Russian THY: JUDGE'S CHARGE | ausintance veven with the | deceased. I desire to say it ts altogether a question for you, It is unnecessary to continue these conversa- | sailor, convicted of the murder of John Stephen- 7 a pebrernd Any WAY lttnty” | question of tact the Judge's charge isnot at all control. a will do me the justice to say I did Towheinely, ‘ we tions. Meantime several bets were offered aad gi shat you Wal dove pronat the Jusieg traumeariit | Goal the” ee” Me™ fvtruee ag’ ara. Dean | taKeH on, the result, the odds belng $10.00 $1 18 | Oi or sa ease oe Daptetoe from your miempony | ‘and Tam not to be responsible for | States, that Fisk came out to the door, drew | favor of @ meyrecnicnt The reporters kept their yy e of July, was called up wii for the Jury---The Re- and to do it honest &@ pistol and went back with a furious face? Itis | seats at the table, but their conversation em- | pefore Judges Bedle, Hoffman, Wiggins and New- (i ting the verdict you are now to render. May God guide you in | Cy,i med that this is corroborated by the testimony of the a wider’ ri a » D i your deliberations. finding of a pistol on. the stairs. 11 the prisoner's, state. bene of them, aftet han ee oe mectouetial kirk, The interpreter, Norton, by direction of the ie inated at twenty minute: st twelve. sult---Scenes in Court. se ar TREMLIN AGAIN ON Hi3 LEGS.” ment Batre, chen Fisk hada pistol. ‘tne persona who | lapors, had got Wearled of the very hame of Stokes, | Court, asked the prisoner if he had anything to LEGS. Mr. Tremain then rose and asked the Court to tell the r Je he | However, as & professional duty, they stil! for the hould not ronounced Jury that dhe romore alleging the, jury should not inary | saw a tady pick'op a Dist on the salts and hand to] most part, employed Themselves writing up the ps dha srl eels ade ie ag th 1 Also, that hould dismids from their minds the aru. | gentleman. But ‘what pistor ere is no evidence closing scenes and incidents. But, alter all, no’ aaerteraay, the nineteenth and last aay, Of Re |e iat Mt iaouet had ho paper iwenape none | Saudienh synth gear, waGstae aes te, | wiunstanding the large crowd present atd the ad: | Sy the'trsonet fora kw moments, when theater, of Colonel James Fisk, Jr., the case was submits | ance to them, asit could easily be shown what became | for You, There 's no evidence as te where the prisoner | wouid be, the thing, after a while, grew to be | Talsing his head in an excited manner, gald, ““Whg h t of them. ‘The Judge said the matter roso no higher | (robbed his pistol, Hart says he sam the cee him throw | tedious. ‘The time moved slowly. People began | Flug to kill him?” He then darted his eyes at the Yea by the Court to the tribunal to which the law | than a statement by the prisoner that he had papers. | 2.0thing, it there wasn second pistol, itisa most unfortu- | to yawWD, conversation grew less animated, even | Mterpreter and muttered something, alter which tonfides the solemn duty of passing upon the guilt | With recard to the staramens there w oe ne pinee a pate clroumstance Intnis case thatit iasccounted fore | she women subaided into subdued silence. There SUome eee Rageew neteonco) fe Who: ALOWIug used of t! it ‘ted, as Mr. Rai d that Fisk 4 . was @ growing frequency of looks at the clock, eg or innocence of a party accuse he greatest | to have that correc! r. Rainsay prover the shooting one witness found isk. he sa: Hoataher lear gl awaycrolied surely bat dpinehae fon no grulty gf king Somnleanian: aud i lent manker, with. rot take posses- ‘crime known to the law. The deliberations of that | Went ina violent maanet, Will tude and was forcibly | of the stairs, and another at the head of the stairs, and | 210%" tO tne result to follow. son, on the 1th of July las xed the degree of your ‘one save me!” ‘are to take this into consideration, | STOKES AND HIS FRIENDS. gull s* marder ie te fem Gegres, Your counsel de; one of these witnesses heard hi Dgdy are now known, and their verdict and the | ejected by Mr. Van Valkenburg You Mr. Pheips claimed that the evidence was that Van hi ay you with ability and discretion, and for ase itself forms a page in the history of the causes . F on the question whether the wound was received in & Simnitaneous with the retirement of the jury, y 1 Tl i pag v Valkenburg took Fiskh by the collar and walked him out | Mutual contlict or not. With respect to the four holes in | stokes was conveyed to the Supreme cum Ohaw: aoe setae then he verdict was it “the celebre of criminal trials, Alter being out for some | ofthe office. the breast of the cloak, were they made at the firing, or t “evidence, and with Mr. Tt then read the testimony, and it proved , bers’? room. Deputy Sheriffs Shields, Purd: il, Court ig” satisfied. Your act was Ix hours, once returning into court for the in- | tobe dha fook Fisk By the colar and lected h ri ag | tae coroner? ‘did’ seme ‘one “punch “them” for | McGowan, Farley aid Dempocy Nad him in charge, very, eattrostous and wicked: for “while “you and struction of the Judge, which was promptly Some additional corrections | ane. the purpose of fabricating evidence? If you | His counsel, Messrs. Tremain, Dos Passos an “4 ased were walking quietly along the street you to" greny-ve minutes to one o'clock the ‘Court took ® | are dataded hat, hoy wore, made. at iho eH, | Brainard weit in with him, ‘They chatted together | russing'acrous ie atfcet su ihe other side, yuu held him MALO AMR 08) eat Bae RRs CORNIDR recone: gupae Davis’ cuancE, counter, and the bullet had to traverse the folds | in the most cheerful mood imaginable. It was fast And plunged your knife into his breast, fatiictin murder in the first degree and manslaughter | yyage Davis commenced his chargé to the jury ata | of the cloak before entcring the abdomen, then tho | easy to gee that the least nervous person of the party | a wound of which je instantly died. No other verdic in its different degrees, the jury finally came into | quarter past one o'clogk. “Hesaid:—= Sea aacthe prisoner pao both hands being on ihe pis | Was Stokes himsell. Stokes lit a clgar, and alter | would have satisfied the law. The hasty conduct of the 7 “Manslaughter in the third | ,G#NTUEMEN ov me a LY Tol or was the cloak folded around the deceased? That is | awhile walked up and down the room with Mr, | deceased on the night before the killing may induce court with a verdict of anslaugh te: ‘ou have given your earnest attention to the evidence in 7 another tribunal, tefore whom the case may be brought, ims cave, “I’ean concetve of no higher or nobler duty | fF you to determine. It you are satisfied these four holes | Brainard. They had the appearance of two gen- | to commute your sentence to im risonment for life. How: degree,” Thas ends the third trial of Stokes, and | thiscacc, 1 cat cosiected, froin the mass of Mis fellow | Were caused by one shot and that the ball which pierced | tlemen intermingling a pleasant chat for pastime | ever that may be, itis only left'to this Gourt to pronones with the result the manes of Fisk and public feel- | citizens to pass upon.questions of fact in a case like this, | {26 Abilomen must nave Passed trough Mf Mave | with @ pleasalt walk for exercise. Mr. Iremain | sentence on you for your, crime. The sentence, of Ing at large must be appeased, To conclude our | it which the oficers of Justice, without their verdich | Sith the cloak asthe prisoner describes, then it Is awit. | VOry suortly got immersed in an evening paper, | the law 13° that you, eee eae aan 3 + hich not be seduced, Now, whether this wasa | While Mr. Dos Passos and Horace Stokes had a talk from the bar of this Court to the jail of this county, Tull report of the trial irom the beginning to the | nor execute the law on the other. Ho who diarceards's0 | Contest or a shooting for defence of life, ts for you tsay; | together. At seven o'clock Stokes partook, though | frim,wience you came, there fo dw Koya De class Ctatody close we briefly review the proceedings of yester- | Svlemna duty deserves the exeoration due to him who | for if a man shoots another in seli-defence you may | rather daintily, of a lunch brought’ in for | Wwnich time, between the hours of ten in the forenoon and fay inthe court. Mr, Phelps at about halfpast | for which the prisoner is indicted was committed i upon him. The prisoner replied that he had Judge Bedle then looked steadily 88) judge whether his first impulse is tosay “I'shot him, but | him, He then lit another cigar, and then friends | three in the, afternoon, on tl {ofa “oostummatd Junuary 6 Isa at a time when | Miseltdefence.”) ‘The requests to charye were so nuiner- | negan to come iu, all of whoin were greeted with | Sheriit of Hudson county toa D twelve concluded a very able address on the } the 1aw ot homicide stood unchanged and unaffected by | ', Any that they particularly wished to be charged le | Cordiality—a cordiality and pleasant interchange | by him provided, according to law. and then that vou, people's behalf, after a most exhaustive review | Subsequentstatutes the killing of a human being 1 | Wished they would ask him. of friendly greeting that looked for all the world | Jacob Mechella, be by him hanged by the neck till dead, murder in one of three degress, or manslaughter in one | “iy “promain. then asked him to charge propositions | like a holiday reception. Among those calling | #% may God have mercy upon you and forgive you. Df the address of counsel for the prisoner and an | ot four, or justifiable homicide, the statute says, accord- 24 to 29, as to the eflects of morphine, 4 dire 0 7 , .Joun H A E There is a strong probability that the sentence analysis of all tue testimony adduced im tho | ing to Circumstances, and you are to determine irom the | “i. Honor declined, ani the defeitce took exception, pa ete a Heer ET Mott, Colonel Mont- | | fife commuted by the Court of Pardons, case, Judge Davis, at @ quarter past | claim that the crime in this case was murder in the first chanel Taciy toe fees more madisdied thet isk atiackad “whiat verdict do you expect ?” the HERALD re- *cloc! e Li aga) t i the prisoner or was about to attack him, they could not | porter asked him. ” Dne o'clock, commenced nis charge to the | wien perpetrated trom @ premeditated design to take | Convict the prisoner, and on that point ihe evidence as “Acquittal, of course,” promptly answered UDDERZO0K’S TRIAL. jury, occupying in ita delivery over | the iite of any human peing. Baer naatae Witt be At it comes within any de- | £) the hostility o! Fisk against him must be considered. | Stokes, ‘if @ verdict is rendered according to the the first degree, and it in. three hours. Stokes stood the whole ordeal } §vives the death of the person wounded, the consumma- | The Court declined to charge other requests and the | evidence.” ‘ . je det took tions. His Honor th tinued -— “y. The Allege and Insurance with his accustomed firmness, although signs | tion of the deed. It is claimed by the de {crow call your aiveivion to the law whieh requires, the You have certainly had a fair trial,” pursued ets Mardence zat the wound was inflicted another agency stepped in | jury to he satisfed in a case of this kind, beyond reason- | the reporter. Swindler at Last Before the Courts= of unusual excitement were at times per- nd. ‘cased Hee tne eed a thost AD, | ‘able doubt, of the prisoner's guilt before they can con- “I have no fault to find on this score. My coun- Difficulty in Selecting a Jury. veptible in him as the District Attorney treated | teresting auestlo Pp ; mgt the | viet. That rule, and it springs out of the presump- | sel did their duty nobly. 1 was in hopes the pros- w appellate courts. That ageney was morphia: Dr Fisher's | Hon Fe ee arena en Cine an npoanee REL Wesr CHESTER, Pa., Oct. 29, 1873, and laid bare the harder points against | testimony shows two and a half grains administered, but he "1 dines he. it the {¢ f ‘that ecution would catl Mrs. Benton. We did not dare ” t him and some of the points relied upon by the de- | Cauabtossreater number, of grains on account of the resumpuon attending a nian st’ all times, until the evi | *0 for fear they wouid impeach her testimony.”? Upon the resumption of the trial after the recess D eles manner in which it was administered, as another wit- | RCnce removesit iromthe minds of the jury: and the law | “Why did you so much want her?’” to-day the Sheriff made returns of forty talesmen ness for the prisoner seems to testlty. ' The force of the S : 4g) ‘) fence in his favor. Judge Davis was more than | Yin ‘Oninions as to wheiber the wound wasneces. | Tequires it to be removed by evidence, and that evidence | | 8 a pistol, and p, Hisk’s pistol. 7 tell you Fisk | ana the qualifying of the jury waa proceeded with, Mae eee eee ae ae ee ne, | Tae eae IEE abpar aan partouiar around. ge | coupe con then auniede “thie guilt “That reaconable | are ative.’ ” bas uy you | Fitteen chailenges followed, when Robert 8. Hays so the jury, explaining every point in the testl- | Fontrally, because there are instances of extraordinary | Toubtarises from the evidence in the case, itgcharacter | The conversation was interrupted here by friends | was sworn. Three challenges followed, when mony upon which the law im the case more par- | recoveries, and because of this that there was a possibility | B$ lait Detoge Somat Hom Tan tose cain such factsas | COMING Up. Stokes continued to chat and smoke, Heularly applied. It was admitted that the charge | hTecovery tn, this case, | But Dr, Carnochan goes tuF- | Sr.eiven, I carimot express {tin any better language | aud took matters very uncoucernealy, Gears a aaley wae eceabred £4 Smet are Grape Le tpl abe ed that the charge | ther, and says he would have expected a recovery in this | fay Guiet Justice shaw, of Massachusetes; although he THE JURY IN DELIBERATION, more challenges, and A. M. Nichols, the twelfth was as fair and just as it was full and searching, | case. even if he had known the extent and character of Pr anttin ae rade Mt sete hers arse ‘a a * Z ” the wound; but what was meant by all this testimony | G0esnotgo so far as Judge Miner. In the case of the | All this time the jury was inroom 13, They were | juryman, was sworn, The jury stands as fol- But speculation ran high during the day. culm- | 1 submit ‘to your consideraiion, Dr. Crosby ex | {commonwealth ve, veneers) nay ae ec une n oF in charge of officers Valentine, Hart, Hughes and | 5 nating after the retirement of the jury as to the | Pressed an opinion, based on the post-mortem ap. |’ {he evidence must lead ihe inns 19 this stale ocnneedon, | Cohen. Their talking could be heard'from outside, | 1W8:— pearance of the wound and the symptoms shown | they can say dt imomith of the ‘charge, they | though, of course, what they said could no John W. Morton, farmer; Edward S. Wilson, result, now that the most Important issue of the | beiore death, that the wound was a fatal one. The | fra'nortone ot thatclass of doubts which atiend all hue | be understood. It was evident, however, that | farmer; Isaac Kalb, farmer} Daniel R. Larshaw, trial was in their hands. The rumor that had | Ialority of Wie Gorter po mmoause of ‘the: fecoverien a | Man affairs, and which make It uncertain that anything { the talk at times was quite animated. As to how | farmer; Johu_ 3. Hood, colored; John Glisson, gone abroad of the conduct of two jurors was, of | such wounds that have taken place, The American | 0 earth is aye es acenna at cae. The ques. | they stood not the slightest informatin could be | 1armer W. Worthington Entriken, lawyer an amet a tables show & percentage of recoveries ‘of such wounds, | Hon is whether the evilense produced hetore you tn this | obtained. At about ten o'clock they were served | conveyancer; M. Shaner Christman, George Mer- tourse, severely commented upon, and there were | at twenty-five per cent, but we have no account of how | Cs¢ brings your, minds, to # slabs tory canelislgwa | With a lanch and shortly a(ter came into Court, cer, livery stable keeper; Robert L. Hayes, George none on either side of the question who ventured | far these wounds affceted the smaller Intestines. If the | Kore, “Tam convinced that the prisoucr is guLty of the THB JURY AFTER INFORMATION, P. Kaley, farmer, and A, M. Nichoils, lor a moment to commend, excuse or palliate the | ny cauce, morpiia cr otlier cause, Mr. Fisk'sdeutn was, | Charge” and, it so, you must aa yao in your verdict. There was quite a commotion when, at half-past | _ Upon entering the court and before sitting down acts attributed to them. However the pending in- dor i The law does not mean that condition of things when | ten o'clock, Mr. Valentine, the chief oMfcer of the | Udderzook took a hasty look over the audience. ‘i responsible foF the death, erated, as Dr. Carnochan states, the pris- : 7 there exists such @ reasonable doubt astoentitle the | ( ‘The Court announced that it was ready to hear Festigation into the truth of the rumors may eventu. | "et ie xesponsiile for the death, assuming tim to Dave | prisoner to acquittal, Tis doubt, of which T ‘have | tha" mahaia Oopuplen, bythe ary pita wacate. ine argament upon the allegation of the, defence Me, it would be ludecorous on tue part of aby to sup- | sibilities, Ifthe prisoner caused thatcondition where the | sPokKen, extends to every importan} element In the case. a Fi DE Ao RarN charged (tat fis Killed 196 ose that Citizens SWOT, TO. TeTTOria. C6 TOE | ee ne ees ait ciice catse deat nne | & reasonable doubt, affecting sny essential cloment | same. AS soon as their seats had been vacated | that the indictment is olemn duty that belongs ‘to the rights and privi. | mavurely. the prigoner. must be held responsioie, | i the case before it Is made out, is suficient | Judge Davis camo into court, followed by Mr. | persons, and their motion to-confine the common- f ho ve in th D the wound belay Tnvolved’ as a cause But it | Under the law to justify the jury ‘in hesitating | Sparks, the Clerk, Next came in the jury, and then | Wealth to one charge and require them to elect jeges of a people who now, as in the past, Know- | 0 iMiependent cause comes in, and causes. the | convict, That there must bé reasonable doubt | Stokes’ counsel and then the prisoner. After the | wiich count. mg their rights, dare mainiatn them, would so far | AB, yndependent chuse comes, in. And | cauwed ‘ag | OM particular branches of the case the Court is not | jury had taken their seats a deathiike still Whe District Attorney produced legal precedents flebase their own manhood and barter those rights | G°eth without the = wound es eves att | called upon to charge in that form. Itis enough to say | JUtY, fej teins Saree ate authorities? tof th lict He by aforswearing of the solemn oath they voiun- | ¢annot ve held to huve caused the death, cven though | & Feasonable doubt, affecting any. element essential to | Vaded the room. The prisoner gave a searching | and authorities in support of the indictment. He sarily took on entering the jury box, to well and | the wound was a fatal one, as in the case Where a pity, | Conviction of the crime charged, and which grows out of | glance at the jurors to see if he could read his fate | was replied to by Mr. Whitney, for the detence, iruly, try and true deliverance. make between | sician attending @ man “mortally wounded, who. ad- oF at el checkmate vee Oran Others looxed Yaguely in the same | who spoke BuleBe tty eae the Se ae Fes, 9 201 i ininisters a fatal overdose of morphia. the man who in- se % bay . . rection, jose twelve faces gave back no re- | that might arise to the defence by being thus snemselves, the whole people and the prisoner at In respect to the deience, to which I am now bound | sponse. placed in the position of deiending against ‘two naky, flicted the wound cannot be held responsibie for having whe bar. ‘It 1s hard to conceive for a mo- | Caused the death. If morphia, as an independent, and | ‘call your attention, of justifiable homicide and of ie Mr. Sparks called their names, and all having | charges of Killing. He made a motion that the answered, he asked, ‘is the prisoner present f'? | Court direct the ‘District Attorney to elect upon f be Fete c a defence, you will observe, of course, that in this rea ment that these rumors, which have taken | notas an accelerating cause, but the sole agent, cxused | shia'douot is Involved the proposition as to justia Meee one eee eae an dea ie the result ia whied his het at not concur, | Homicide and sel(utefence; for it thero Le of necessity in | “He 1s," answered Mr. Tremain, which count of the indictment he ‘will procced to put a iittle time will tell, and in one to be 1a. | Butir you should come to that conclusion in this case, | Your minds reasonable doubts on the question whether “Have you agreed, gentlemen, on a verdict?” | trial. a he shooting was dono in, selfdlefence, then there are | Mr. Sparks asked the jury. ‘The Court directed the motion on file and sug- - the independent cause steppia in and causing death Mf Bee eee eee eee Tue er aie Gok ee ea: || Premiasurenyy ie aay, Gatieipatag the consummation of | Feasouable doubts which teach the main case | “There waa a moment o! suspense. All bent for- | gested that the commonwealth consider carefully ae tl jystem, after all, only a “delusion, d mockery and | fe crime. “Assuming, ten, that he fired with intent to | 2.4, WIG, , ° , uen, Te Sng teat ani’with tromedintel design ts, | Wardeagerly. Every eyo was directed to the fore- | Whether {t would not be well to proceed upon the 3 spare?” kili, he will be lable to conviction tor attempting to com- sures ininyolved ia the other. “Yor are | MAD, as he rose slowly in his place. single allegation of the killing of Winfield 8. Goss. —_—_—_— mit murder in the first degree, and the law will not per- | ¢ect deat; o! uy at 53 n i veer theret ch : 5 jound, genticmen, in duty to yourseives aud to the com- ‘We wish to be instructed as to what are the The District Attorney had no desire to embarrass eaten y 6 Seen ae eae te ae eee eee eicna vas the | munity, to give this case careful and dispassionate con- | diferent definitions of murder aud manslaughter,” | the defence, The prisoner could be tried upon one D ‘ict Al mn his sideration, with the rules which [ have laid down for Before the District Attorney resumed his argument in | sole cause of death. but the prisoner Ared | Your af you find that ihe prisoner infiicted the wound rl 5 Of answered the foreman. count and after, if necessary, try him upon the he Oyer and Jermincr Court yesterday morning, on be- | with intent fo kill, and inificted a wound which would | Xb. aegua'to commit murder, within. the definition of | “VO you wish simply definitions of these | other. He would therefore elect to try him upon ° 8, 81 in itself fatal, you will convict him of attempted $3 fi f th W . de half of the people, in the case of E. 8, Stokes, Mr. Tremain | b¢ 7 ‘ 4 the statute, with premeditated design to kill, and you | crimes?’ asked Judge Davis. the first count of the indictment. William ©. Ud Sas iad asked bocrubnalons (snake a.sthtecnant a seier- | Cotomauerinn it yob find hat death was the consequcnce are convinced that the deceased died from another | ‘What you gave in your charge,” replied the | derzook had been indicted for the murder of Win- > Sf 7 .. | that the drug hastened his death a little, the pris ‘hi cause, notwithstandmg this, then it would be your duty | foreman, field U. Goss, and the gentlemen of the jury were mee to an expression used by the District Attorney yes. | thar the drug hastened Nit oat he ts guilty of Raving to convict of an attempt to commit murder int the first Judge Davis then proceeded to read the statu. | sworn to try him, On the 11th day of Juiy last the terday, as reported In the papers, Mr. Phelps spoke of | Killed the person and must bé heid responsible, Insanity | @esree. 1h passing that question, | ea tdelea to take | tory definitions of murder in the first degree and | mutilated body of @ man Was found in rumors affecting the jury and affecting the counsel. 4s.a perfect protection trom indictment. Men have been fia and that itwas in its effect accelerated simply by | Manslaughter in the second, third and fourth | @ lonely spot near Penningtonville, who had ‘The District Attorney said he believed there would be | &cquitwd in this Court under the apprehension that | the’medicine, or that it was igath | degrees, the circumstances of the homicide bring- | been evidently murdered with surroundings ity is ki v1 concurrent cause of di po necessity of any statement when he nasured the gon | Hate Ny mettacfenve known to the law-chwesnieegs | Many degree, vour any wil be,to And a premeaitated | ing the crime, he added, only witnin these deaui | of peculiar horror, Winfleld 8. Goss had lived in a] Modunsel’? 7 he adefence. must be of such a kind as to make a man | design to effect death and to convict of murder | tions, He added some Verbal explanation to each more until February, 1872, when he disap- err cd Ra Unable to distinguish the moral qualities of his acts, and | 11 the first degree. If you find that, the deceaced | gerinition, and when he had finished told the jury | peared and next turned up at the Central Hotel, in Mr, Tremain bowed. that disordes of the, faculties, | wich, i | called | dicted with premeditated design wo hilly whether the de. | that if any ome had any request or suggestion to Philadelphia, in June, 1872, alter wiiien he went to MR. PHELTS' CONTINUATION TO M18 CLOSE. Emo OM ANTaTLT cet Te ets hse Tice | sen Was entertained for days or hours, or any length of | make he would hear it then, Noue of the | board near Cooperstown, at Bryn Mawr and at Taking up the story of the prisoner once more, Mr. | P¥sitoa ‘in ‘saying we “have a quality of ‘ie | time Whatever, before the commusion of the act, al- | jurors had anything to say and the Judge told | frenton, N.J. He is next found at the William Phelps showed the absurdity of a lithe, agile young man | sanity which is very weak. Insanity involves de- though it may be formed at ae ds hs fone a Jou | them they might retire again, which they did, Penn Hotel, in West pe Goss had his Ske Stoxes fearing personal violence from the great, | lston; but the subjécts to which it 1s claimed the | Side that the prisoner unnecessarily killed bin under CHANGE IN THE SPECULATIVE CURRENT. Mfe insured at tne time of his disappearance for . prisoncr referred in the conversations with Mr. Andrews The general sentiment regarding the verdict was | the large amount of $25,000 in Various com- pecially os Ly dem arpoar OR ONE, iin beware to ote ace Gent rane ae eppreneneicns, Macnver, and whore we. cou Found for | considerably changed by the ‘above episode, The antes, “When Goss was in Philadelpia it is sAyantage of position. He then reviewed | the) evidense:|’ Des exe soprectacion” of theitianssstions thus owed @ | treated from all actual danger, you may convict of man. | theory of disagreement was pretty well abandoned, | known Udderzook was absent irom | Philadel. Siyen) in! sapport of te) allegation: thst the prisoner's: Pigog around him. Jurorp. are nos juscifedin beinelog| Sanentersn tie Mechod eereg vyou einen lene ane | Neatly Slt) S-xpreswed the) neliet shee Une verdicy | pula no the evening of June 30 they were fears nad been excited by Fisk's threats, and showed {nie verdict of acquittal for insataty, unless they are Set in the best of pasa jon, without Gesign to would be manslaughter in the second or third de- | in company at Jeilries’ Hotel, at Jennersville, that the only oceasion on which it was proved that a | Satisfied the prisoner's mind was in tho diseased condi. | {fivcl death aud without te Crd tae then you mayor | gree, They had not long to await the final resuit, | having walked from West Grove station, on the throat of direct personal violence by Fisk had been com- | Hot, described by, the dudge, of the Court of Appeals | vict of Manslaughter in the third degree. (Or tf | one Interval, however, was improved by the Judge, | Baltimore Central Railroad, Next morning the re ig own circumstances and ‘ , , ju come to conclusion that the offence | counsei and prisoner, all leaving the court room as | prisoner hired a horse and went to Pennington- saanicated to Stokes, he answered that he didn't believe | facts, eae -eeae’ Sarace vache nate herd end Was comumitted under circumstances Where, although | before. r . ville, but Stopped on the way, near there; saw his Fisk would do anything of tho kind. Gentlemen, he con- | act ‘You are at liberty to apply your com. | there was no reel danger, the prisoner was not actuated ———_ sister, with whom he waiked to where his brother- finned, if Fisk was the monster without a single redeem- | Mon sense, bused’ upon the. facts, to the ease, | BY Any design fo, take life, but was actuated by an ere in-law Worked in a field; made a proposition to Ing quality, as the defence would make him, it has noth. | It) A. meets, Bon, the street draws & | re- | Mndthere was no real danger, the killing was entirely | At twenty minutes past eleven o'clock there was | Put some one out of the way; had the man at Jen- in do with this case. It may have been forg: y, without design, then you can convict in the fourth degree nersville and they could make $10,000 by it; he ng wo do wit is may have been forgotten | justantly, the law. leaves that case stand, on the out desig’ te is ‘J 6 another emptyiug of the jurors’ chairs, another re- | went on to Penningtonville, Kinga a hofse ‘and : . ’ a on | pres 7 of manslaughter. If you conclude that the prisoner that he was a man around whom innocent children Dg rend eae Sag eee dec uce Of | fired In xelt defence, while Fisk was in the act of attempt- | turn of the jury, Judge, counsel and the prisoner; | buggy, with which he returned to Jennersville, slung affectionately, mindful of the friendship of the | xii,” The common law required malice aforetl ing to commit a murder upon his person, then he is en- and took in the str: and started in tb family tor him. No matter what his good qualities, the-| The Courts have held that the werd premediisted ares | titled to acquittal; or, if you are satisfied that Fisk made | auother keen scrutinizing by Stokes and the throng evening in the direction uf Penningtonville, where evil that men do lives after them; the good is oft in, | guUlvalent to malice arorethousht and that to convictit | Wty He ten sir ne ‘circumstances described by | Ol spectators of the Jurors’ faces as they took their | he arrived about twelve o'clock at night with ferred with their bones; but. whatever his character, | Wit {Puen Nehred was the intent to. kill wife! (ng | Stokes, he being tn a position where retreat was impos. seats; another few moments of suspense. the buggy broken and bloody and the biankets his virtues of his vices or his faults, there is not one par- | change in the statute hag no concern for you; you are to sible dod having reason to fear the apparent Imminent | «(Haye you agreed on your verdict™” was asked | £008. Uddersook was seen next morning, July 4 Jicle of evidence that he ever raised a violent hand in | fnd,that when he shot at Mish, At any tine before fring | " “Give to the case, gentlemen, your serious examination, | again of the Jury by Mr. Sparks, got a light breakfast. He then Teturped to en: she whole conrse of his life against @ single human | the prowecution gives of this intent having existed is | Tonchr'to ne dispored ol by a fury. Twelve men must | “We have,” responded the foreman, Stokes | uersville and went to Baltimore. The evidence being. ‘he men who came to give him the character of | that the prisoner went to the hotel with the | Gevde it some time. I-ask you, therefore, to make w ntime having been tol would now be submitted and the jury called upon » violent, bold, bad man, who were theyt The great | v°spon, in hig cuter, cost, pocket to ready | our minds, if the evidence’ satisfies your’ consclened, are 106k ae the ad oeg tases Soee to pass upon the guilt or innocence of the prisoner Ta Iway men, the rival commodores and the managers | there, and that the hotel was the place to which he | Disvesconunscmie. gciveds “all the elementa and come | th Fe eta Me Bearers Prisoner, look on | at the bar, according to the Impression of his r, Brest corporations, You heur from Vanderbilt, Clark | directed his, steps. | It 16 - Pech ae ae pport of se eee maAL GOnVICHON ba to. the true veraiee walen ie jury,” sai ir, Sparks, in his clear, ringing | gullt which that evidence would give. Groesbeck. They tell you be was a@ reckless, | this, that he did notget mf ry + r y all be given, I have neither spoken of public nor pri- | Yolce, and theh came the unvarying but all-im- deere oil sad Svar aan tea, iene s ee Hie, bu get svhail he: crowed ths street wate feeling. ‘these are not cousiderations for you iting portant question, “Do you find the prisoner guilty THE SCITUATE SUICIDE ingle ‘instance given. of his ever having been | the hotel he was seen standing there inan abstracted | here to administer justice. The effect upon ithe | of murder in the first degree?” * ty of | personal violence, Jf there, could be | manuer, so that /he aid not answer the salutation; that Ce el i gr eT) guilty of manslaughter in the third anil in the, broad expanse Of tne continent nid be | entered the hotel and. posted himself we thehead ox tue | esitation where the evidence constrains vou so toact. | degree answered the foreman. Tne Remains of the Young Traveller We cannot help teeling dceply—all will feel dceply—ifyou pon the announcement of the verdict a burst of Convict of the capital offence ; we shall sympathize with | cheers rose from the crowd, which theoficers with | Daly Identified and Sent Home to Law- ergy and industry which have c! fog ho c de. | you is tict SLUT a that hote! t! d in his | the circle of friends that surround him, But when you | difficulty could suppress, rence, Mass. nce Wouid have put upon the stand the fan whe could various ‘overnen at day, but what he had in his | Come to, YJ The Jaroughout the green and rolling earth there gale ‘be | entered the hotel and posted himself at the hi icked out any proof of any act of violence that this man | stairs with the purpose of assailing Fisk if Wer did in his Itty do you Hot think thatthe unparalleled | sécend that stairs, But the central Pome of tn min onsider the evidence, recollect, if you belleve | You find the prisoner not guilty of murder in Newrorr, R, I., Oct. 29, 1873, Counsel i - | mind at the time of the act. His Honor then roferred to | Pim guilty, that the consequences of his act are not | the first degreé,”” Leen d oeae RA soa uae iean aw auriy erihiese; he. woman | thwcvieney fr ve gop, hat oud Au theory 0 | Mashed Lica 704 ar Othe Cae ft Ly Header: | temporary eumuly had subeided, ut ‘of mane | , TM Mystery of Sltuate Dench ts solved, and the tends she saw Fisk return to th orm a conclusion on this polnt, ram thig they were to | Sao law alone wresponivi: | imocit alone and his | Slaughter 10 the third degree, "Harken to your | Man found dead has been identified to-day as the rth, fe oxpeciatfon of meeting’ Fisk, and wheihier see- | 9Wn violation of the law are to blame, “Y€-you come to | Verdict as recorded. So say yo rope brother of the lady who forwarded the letter pub- ng Ba tired {he shot with intent to kill,’ One of the | the contusion at te ot ea conscience: verdict, of % a foe signified by @ Nod that such was their | jisned in to-day’s Heratp. Her uncle came here Ww 6 0 oquittal, as Tie dud fee crained henyeener | evidence given, then mil, fe a a inauer of couras, € “pina FoR iERCY. onthe noon train and had the remams exhumed able; but in point of fact the variation in detail as toan | Pleasant duty tomy It Het Nit of the verdict,to act | Assistant District Attorney ‘Russell at once | this afternoon, and by the clothing fully proved re iih un angry expresston, and ha: i ke preparations in. sight of the pa: 1 fas ap) iy the purpose of intimidating the poor bo, Tedmond— i¢ rushed in, not having yet been aware that he was to | witnesse: eet Stokes on the stairs, She never saw it. Fisk after laces hi e entered the door never returned to God's arent! essed light until te “recelved the. fatal but: | incident arousing the human mind I Rete MENS saw. anything It was ‘what Moore | asevidence that the parties are hot conspiring we teirs | fairly, ustly, honestly afd conscientiously. moved that judgment be passed upon the prisoner | nim to be his nephew. The rude box furnished and ny other Witnesses say they saw, the wounded | concocted story, and the juries may determine whether | ,, The chargé terminated at quarter to five P, M., having | in accordance with the verdict as just rendered, he authorities of Middl a eee cena sete” aonerugine door and | tne variatlone Gp, not oorrauoras the gstory. , Redmand | lasiel e=s0uy (a, TREWAIN'S XEGEPTIONS aoe ee eniCy to ooties Wie Liaicideate tae, Abel had taba Pa inmate dh + h a a ¥ \° jive, aud then blindly staggering back to the stairs again, Fo ea eee a the hen ie cousnn | Me. Tremain= then. tock” special exception, to Mis | Minutes a which to confer with his associate coun- | town gave place to a more appropriate coffin, Lo Honor's condemnation of what is called emotional in- | Sel aud his client, This was readily consented to ded to his parents, who reside in the pri "Redmond says he was'sanding.a | nity and to the comments of tis Honor. by Judge Davis, and thereupon the counsel of | {t,Will be forwarded to te a ng. Hatemont and that of his wituesses. Giving his wits | few fect behind. Fi sk when the first shot Was fired, and | Judge Davis said he used the very language of the | Stokes, accompanied by Stokes, witharew from the Lan appears that the young man had lived some- ual credit all around they involve his story ina | that then he saw the prisoner standing at re Court of Appents, room. In less than a minute they returned, pe tik Hi last occupation was opeless contradictions; and I submit to you that | of the stairs, Mr. Hill saw the prisoner pass him, heard | ., Mr. Tremain said he specially objected to the expres. Mr. Tremain then said:—May it please tho | W4at of a roving life. Bis scab is Whole story, susti 9 hat the evidence of insanity was very mengre, 24 | ooure, the counsel for. the prisony p that of aschool teacher in the West, but he was d to have the question submitted to the jury. Qours, for the prisoner feel that they | opliged, on account of sickness, to give It up. He been 80 uman reason is unequal to the task of extracting a | you are to inquire what extent jtraightforward, intelligent story trom soner's | give their. testitnol eae s ined ashe has thought fit to sustain | @ voice say, ‘A mam js shot,” and another voice said, hand after sich alapse of time and with such able | ‘The man that passed you is the man tl 4 Sounsel, Talis fatally short of proofibat he had iaauy way | and Mr Till did uot ad the Moment sce any one’ clae in | , Judge Davis said he had subsaitted it to them within | have done all that is in their power, to do to save | came home, but the effect of his illness had bored fear of violence or danger at the hands of | the hali besides Stokes. But was there nothing there be- | the ta: the life ofthe prisoner. They feel that they have | seyere upon his constitution thas he was consid- ni Ww. ie deceased. Mr. Phelps next took mp the version of the | sides a voicof One man sees a throng from the Mr. Tremain also took exception to the remark thatin- | had afull and fair trial, and in tne name of the Fengactions of that afternoon, ax given by the witnesses | side, another from the lett They vee the same throng, | sanity, as 8 rule, Involves delusion, and that the pris; | prisoner I desire to thank the Court and the jury, EY Sten es M4 in tne hospital Mat Wworcestere a 4 ‘the prosecution, and contended that the proof was | yet ar apparent conflict. The jury are to determine | oN¢r's ideas seemed [4 lave been based upon Tech bes who I know to be perfectly conscientious, under ment ip! Dad ateens flear and unquestionable that the prisoner that after. | which is the correct version. One of the points to guide | t0,His Honor saying that the other holes In the cloak be- | and gay that we ask forno delay, We might » | due season, however, he was thought sufficiently peapias wa ening Walting, not only in the hotel but | them is motive. The evidence of wrongs perpetrated by | Sides the four in the breast were not particularly mate. yy. We might pre- | recovered to allow of his returning home, and ac- ily the street, watching, waiting tor some one. Fisk against Stokes is of twofold applicati | rial, as it was not claimed that the fatal wound was made | sent evidence in mitigation as to the character of The evidence Mteconben vispicaThDy ing‘rears in the mind of the prisoner; bur its aise | rough any of them. the prisoner; but I presume Your Honor bas sum. | Sordingly, on the aavuliee Gotober, Was, release evidence of cient knowledge to act intelligently in that and | that ne immediately leit home on the followin; Recorder Hackett is crushing and un- | proper to be considered on the point of the moth Proideole., tt Ratigrs, not gist the prisoner did not Wiel may have actuated the prisoner. If you come to Waiting for the Verdict. other matters, controlling your discretion in met- | gay, and from which time until the presen’ D the usual ealttaion ‘The counec tae ah celse eee hoe | Eee eeetstot ch Fak heaped upon hitn, Ne want'c the |. After the jury had really retired and the dense | ing out punishment following that verdict. Isim- | nis’ parents have been ignorant of iis !wheres Pavelled far beyons theo or the prisoner has | the wrongs which Fisk heap: im, tie went to the i 4 ply remind Your Honor that the prisoner has been he Recorder, Questions thor it hehens Sa gstack pon hotel, or that, being there. fo ee tie iad as 8,98 throng in the court room began to realize that the confined in the Tombs two years; that abouts, and had it not been for the press they h 7 1e | e i ein e ruthful and honorable magistrate on the stand, he would | with fitent to kill, he is guilty of mufder tn'ihe ‘rat | Mal act of the drama, of which they had been s0 | he has been sentenced to death, & pun- Wan tes UN ok tenets Seon: ie By ty int a i ‘e got an answer to he carefully abstained fr t- | degree, and you will be justified in convicting him of | I h deeply interested spectators, was d. ishment I think Y Hono: ill be ti It was the movt wanton Ker rrraiied trom put. | degree, and you will be justified in convicting him of | long suc! ply pectators, was draw. oar Led in; | Knowing, aa they did, his condition, does not ap- oundless attack ever made wet aseless and | that crime. His defence i As there at that ‘ clined to take into consideration in sit , f Bethe pipet Age wpen witness and with: hotel by aceident, that he ‘saw 4 lady in the window of | Ing to a close, there was & general reeling of reliof, determining the amount of punishment to be pear; it certainly looks as if they were uncon jou to reject as unworthy of belief the testitnon he lifted his | Quite a number left, driven away, no doubt, by the | awarded him after a jury has finally determined | Ceted as to his welfare. Deceaséd’s uncle was gentleman, the escutcheon of whose hi ie 4 . indy wie mselh to | Dangs of hunger, and tt is hardly to be wondered | upon a full trial that hot guilty of murder in | avy rqucens ansepara ro the matter, as he had is. Weilt into the hotel | at, for they had aat steadily in their seats or re. | the first degree, but of manslaughter in the third | that n ; ; fs tte e Would not divul, the name of the un- anknown to him; that, without topping, he went past | mained steadfastly tn their standing places since peer retorred, the wentence ne tae, veowiven and fortunate man nor the details of the case so that it turned it Any intention St | the opening of the Court. There still remained | the sacrifice he has necessarily been subjected to might be published in tne newspapers. Neverthe- Kin, Onor no Wreath: i unt to her, That {ney were goln @lumny has ever stained, and to whom it Would her a Niblo’ uit that, thi ng At we { t ¢ Sarato Beater ati stan Ub here in my place to-defend | alcne, looked Into the parlor, and saw sho was a Indy Da TOMMY HAR 4Ve central fgnre ij inst which all the attacks which | meefing Fisk, he came to th ied o ; going down, when parning and sloquence ¢ ula (evise or wealth en ener rata rik came, on the With aboundeand | enough, however, to nearly fill the court room, | {defending the case may be considered hy Your bela waciaieny bey tale aa thee ter od tn treated In the argument of counsel with’ Romet | HoWting Jn, both hands a pistol aheer “get re | among those remaining were, of FO posed tna mue Smount of punishment | that his friends may have the & that no fostalicled harahbess and saveriiyt We i"ooruaintion | Spaetsusctn ants MLE Ldared oncertice eiihest | indies, thelr natural curiosity, thet ‘stronaiy | oC ee eee —— Fesponsibiity of bis wagie end wil be imputed to f i dre: ¥ etr ural curiosity, that s wat audacious and outrageous an this poor boy amt his | taiing nity, aod shen rotronted na stata falar and ” ‘4 papponnnond The Sentence. them. marked characteristic of the sex, becoming more ———— Intense as the trial neared its climax. One thing | | MT Stoves was how directed to rise, and asked | THR NATIONAL AOADEMY OF SOIENCE, to their great liking was that they could talk now, | Wat he had to say why judgment should not be mew and the speedy result was a lively feminine buz- pronounced against him according to law. \| The National Academy of Science continued its zing that would do credit to. a Sorosis gathering, | Mf Stokes, In an almost inaudible voice, and | Session in the chapel of Columbia College yester- ‘The men talked, too, for that matter, bat in bolder | With bowed head, replied, “I have nothing to say,” | day. Professor, Elias Loomis, of Yale College, re! 4 Bs terms. Speculative inquiries and suggestions as to | %u48e Davis, ina deep, stern tone, then passed | % paper on the weather maps of ee atte tusk, ill, of the Sm the result formed tne chief staple of conversation, | #¢utence, as follows :— tute, delivered a dixsertation on “The Relation of In rendering this verdi ~ The remain- “What do you think will be the result!” one | ceeded, and more than exceeded, JAY the mete der Ey en deaupled BY the reading of would ask another, that should be extended. No appe 1 to this Court two papers by Professor J. 8. Newberry, the first “A disagreement of the jury, of course,” would | © diminish the sentence below the highest | on witeles of Deposition in American $9 limentary Penalty xed by statute to the degree tu which | Strata,” the other on ‘‘Liguites of | Western you are convicted, and that is ently @ight when compared to tho “Bret w that day of this most barbarous and bloody decd. iy | beviderment, 7 Eedng ttdone.. The height, the depth and the Mrecark | {eMny. Turnor, by, { iinet oflending inalt'coinprenended in thats burmay | thew Veen ‘wie ery Hope I som of ie SAN 7 : ment that has been urged. with’ such force | pistol. aa cater, te Sloquence and pathos on behalf of him who daly’ the pr Ng, the, murder way, be applied to thovo who Ra it P ‘hese poor a eye, on, in rly two years, and he third time $iod'for the dire oftence of having ¢ hear. May we not hope that they have some claim pon your synpathy and pity? But they have a private ble, it Coad Ob, what a crime! I know not what m: redecessor did, but I presume he did what I know < id-~order that gone indtugence should be given to these yoor boyain their Jong confinement, which ts unparal- nh design bela vied in the Bistory’ of the detention of witnesses, Ni on the platform with je complains of the Inxuries Javished by affection an it and you are tT parent dunger ofan, is, it is claimed, is corroborat Svooney, and. sts. Det Stokes start down ‘Don't fire.” Mary ivate door, return secking to cock that s*immincnt ap. | 2¢ tke prompt answer, ari tempt to kU ium. be was Dui | |= ‘This Gueation wag freanently nut and thare wee 30) Wpon the prisongt i Lis eonfinements bus why Valug,' 8 NUE NEGLECTED GENIUS wapne Subscriptions and Sympathy Pouring In for Mr. Nast. Working for “Board” vs. Working for Fame. To THE EDITOR OF THE HERALD:— Regretting the Jamentable neglecteto use harsher term—which brings Mr. Nast to his j deplorable state, permit me to say that Ido not agree with your estimate of his artistic position, He is greater than Hogarth in the unselfish sense, Hogarth made all the money he could and worke¢ for enduring fame at the same time. Nast r as alleged, $100,000 as a bribe from Tweed, and ig content to serve art by the humble means of chalk- ing on a blackboard, He 1s neither selfish in money, nor anxious to live with the galaxy of art immor- tals. He is an agonized victim to what is known as “pot boilers” inart. He works from hand to Mouth for, as well as on, his “board.%z Let him be lifted up from his position, and shown that, as the art-foundling of the people, he may yet do something worthy of preservation. He has Xrawn and quartered Tweed, but the Koss has Deen sat upon forever, and “we never mention nitu.”? Grant has toadies and fatterers enough, and the Panegy- rists of the Roman Empire who bave escaped oblivion hold the most contemptibie rank in Latin literature. Accept seventy-five cents for tia Nast relief testimonial. 3OPhST. New YoRg, Oct. 29, 1873, — A Good Man Struggling with Adversity, : New Yor, Oct, 20, 1873 To THe Epitor oF THE HERALD:—+ ' Please accept $2 from ‘an humble admirer of the great artist, Nast, to the fund you have so nobly and generously suggested for the benefit of that deserving young man. I was touched with pity to the very soul at reading the letter in yesterday’ HERALD appealing to the American people for aid in his behalf, Nast, in a country like England, would, if not elevated to the peerage, be placed at least above the necessity of “wandering over the country like a showman,’ as your correspondent observes, to procure the means of support for his {dono think, Mr. Editor, that I exagge- rate when I say that this young man, by the bri lant exploits of his artistic genius, saved the Re- public in electing General Grant to a second term, and may save it again if he is not overborne by L Rete d and compelled to “draw picuires on & B' lackvoard” to obtain the necessities of iife, A ood man struggling with adversity, we are told, is a sight worthy of the gods, and surely an artist peerless in his profession battlng with the toils of DeOnntaAy embarrassment is & spectacle, equally moving. The Américan people are gener- ous and intelligent, and, while they appreciate the sublime self-sacrifice of Mr, Nast in glorifying an@ elevating with his inspired pencil a political party that offers him no return but empty admiration, they will surely rally as one man anid pour into his exhausted pocketbook plentiiul tokens of our na tionai currency. A SYMPATHIZER, ‘What Mr. Nast Must Be Saved From. To THE EDITOR OF THE HERALD:— Your editorial upon the sad case of Mr, Nast hag touched a chord in my bosom and I readily respond, Isubscribe fifty cents. When I read your article and pictured Mr, Nast with his blackboard I sbud- dered. I thought of the poor boy! saw drawing Napoleon in colored chalks on the pavement of Wall street outside the Custom House. I saw & newly abpolnred night inspector give the boy & penny saw a day inspector put his foot in the boy’s chalk box. 1 have fancied the reat cartoon artist who has drawn President irant for the papers go often, and so flatteringly, reduced to doing the same on his knees jor the culls and pence of the Custom House officials he has so ably defended. Iadded to the picture Mr. Tom Murphy ordering the messengers to put the artist off the official sidewalk. Why not? Grant has done it already. Tears sprung to my eyes and half a dollar to my fingers. ‘Ihe latter 18 enclosed, We shall save bim from want. VINDEX, BROOKLYN HEIGHTS, Oct. Twelve Shillings for the Nationa} Nast Gratitude and Indignation Fand.” W'msBURG, Oct. 29, 1978 To THE EDITOR OF THE HERALD :— Ifl were a politician 1 might be ashamed to say @ word upon the painful subject which I saw brought to light in the HERALD yesterday—namely, the straitened circumstances of Mr, Thomas Nast, the artist. Iam no politician and can speak my mind. I have admired Mr. Nast and looked anxiously for his cartoons every week in the lager beer saloon which I occasionally visit, I mention tue latter trivial circumstance because I have never bought @ copy of Harper's, and am now giad thatI did not doso, What! Compel the mat who made their fortune to go round the country with a blackboard upon his back and his pocket full of chalk! There is a danger that he may not be successful in earning a crust at this new branch of art; and, rather than see unrewarded genius pe ae would offer him his ‘board,’ tree, my- seif, although pinched by the present hard times, I know, however, that his Bohemlan love of wan- dering Would make this irksome, so I do the next best thing I can—namely, offer $1 50 as my mite to what I shall venture to call the ‘National Nast Gratitude and Indignation Fund.’ National, be- cause he is an adopted citizen; in gratitude, to remove a stain from the Republic; in indignation, to protest against the shabby treatment he has received at the hands of those he has worshipped in politics and set up in business. GEORGE ANDREWS, Ingratitude of Republics and Republi- cans. TO THE EDITOR OF THE HERALD:— Your article on the impoverished circumstances of Mr, Nast was a great surprise to me and to many others, who were willing to believe the contrary of the old adage that ‘Republics are ungrateful.” How much ts the Republic and its servants in high places indebted to Mr. Nast? Millions alone can measure indebtedness, And yet this man struggles to maintain his head above water. Whatis the com- pliment or compensation of a dinner to a man who is not sure of his supper? The republican party, which is under the obligation to Mr. Nast of being keptin power by the wonderiul creations of his pencil, Offers him nothing in return but a dinner, and never even asks the question if he hi the price of his board bill, If General Grant owes his election to the genius of this man everybody under him 1s equally indebted. Itis only fair, when they take ne voluntary action of their own, that an assessment on the ofilce-holderg of the country should be made to recompense their greatest benelactor. Tosee a great man like this driven to bis wit’s end in a country like ours to ob- tain a decent sree for himself and his family must be intolerable to every sensitive mind, My means are not large, but if every man, WO+ man and child In the United States will do asi do, and subscribe $1, which is here enclosed, Mr. Nast will be enabled to live at least like a gentleman and ap artist, COMMON GRATITUDE, A Discriminating Subscriber. To THE EDITOR OF THE HERALD:— I enclose fifty cents for the Nast fund. I do this, not so much with the hope that it will extri- cate him from poverty and give him hotel board at the Fifth Avenué, as to mark my feeling towards the people who employed his great talents to help themselves and make money. If Mr. Nast had employed his time with a whitewash brush at the regular wages, he might be as independent now as he is, aiter using ior the edification of the country and the Rote of the republican party the encil of a Hogarth. We appreciate art very much, ut we are not Boront 0 let the artists perish paupers, How much the President give ? CURIOUS, MEETING OF THE BROOKLYN YACHT CLUB, The Brooklyn Yacht Club held their regular Monthly meeting last night, at their room, on Court street, Brooklyn. Vice Commodore John 8, Dickerson occupied the chair, The minutes of the previous meeting were read by the Secretary, William T, Lee, and approved, The report of the Treasurer was called for, but that oficial was ab the resignation of John G. pel dD, waa jotion, Was . Tee Vd aoe a Wood sent in his resignation as Assistant Secretary. ‘The mem) expressed, their regret at the loss of his services. ried fs The Committee on Membership reported favor. ably upon the propositions of severa gentl The following gentlemen were unanimously te ed:—Mr._ B. Osborn, editor of the Montreal Gazette; Mr, Herman Livingston and Mr. Samuel McElroy. on of the distribution of the prizes was ‘cal pert by Commodore Voorhies, who sug. gested that it was arly time something was sald in regard to the matter, and he would like to hear the views of the members ee the subject, After seme discussion Mr. Davis not exceeding $500 be speroeen es The neues revailed. A motion that the prizes be distribu it the club room at the next meeting was carried, The meeting then adjourned, America, Thelr Digtrivution, Age and Economic | THB ALLEGED NEGHO SKINNER SENTENCED, DOVER, Del., Oct, 29, 1873, | Dr. West pleaded guilty to-day. of an attempt to fire George Binns’ house, and was fined $500 and costs and sentenced to two years’ tm me The other indictments bina wore Senne"