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The New York herald. [volume] (New York [N.Y.]) 1840-1920, July 09, 1872, Image 4

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The Accused Under Examination?Hii Vcrsiou
of Hi* Rencontre with Fisk and Far*
titulars of the Shooting.
X ,
Josie Mansfield on. tlie
Fisk Negotiates for Peace, bul
The Threats Held Out?"I Wil]
Kill Stokes."
The Eaton Midnight Mystery Partially
? riATtirn r\ r\i rtrviifprn aaiuiapi
Intense Excitrmcnt in the Court?All Ears t(
Ilear Siokes and All Eyes to See Josie.
Tbo fifteenth dny of the trirtl of Edward ?. stokes
has surpassed nil its predecessors by the intense
dramatic effect produced in the appearance of the
prisoner on the s;aijd, who was kept there from the
opoulntf of the C'oui t until twenty minutes to three
o'clock in tho afternoon, when Helen Josephine
Mansfield followed him, to he succeeded lu turn
by Marietta A. Williams, William Stobo and William
F. O. Shanks, In all live witnesses, who took up
tho entire day's proceedings by their testimony.
Stoke*, who- wai yesterday, for the first time
during tho trial, addressed by counsel on
both Bides as "Mr. Stokes," came intc
Court, as usual, under tho charge of Sherifl
Tlrftnnnn nnd Hnmiir KhtirlfT \cl?r<
oscorted liim to lila scot behind his counsel
?tokes wore linen summer trousers, with ft email
black stripe, white shirt, with handsome diamond
pin, and black tie with white spots, besides the
usual gray summer coat, lie was looking well and
in soemlug bettor spirits than usual. His urother,
Horace Stokes, and his mother, Mrs. Stokes, the
latter dressed in deep mourulng, were also in
Court, the latter lady sitting near her son Edward,
Mr. Stokes, Sr., came Into Court later during the
day aud sat near the prisoner.
But the great attraction of the day was the appearance
of the modern Cleopatra in Court, who if
knowu in this light as Heleu Josephine Manslleld,
and hor cousin, Mrs. Marietta Williams, In addition
to the mother of Mrs. MnustieUl.
Mrs. Mansfield came Into court nttlred In nil the
tuaguitlcence that gold, silks, diamonds aud laces
could bestow. She had descended from her car
riago in Broadway, and, as a great many people
have a curiosity to know how tins Astasia dresses,
It shall be given. First there was a heavy black
silk underskirt, covered over with some wliite filmy
fabric wuich came to the throat, and over her
shoulders was thrown a ver> handsome black '.ace
Bhawl pinned in front at the shoulders. Around
her neck was a massive go!d chain, pendant
from which wus au equally massive gold
cross, aud. to make It complete, ot her
wrists were massive gold bracelets richly
chased. Mrs. Mansfield wore a Henry
Quatre lint, with a rich black veil and long lavender
kid gloves. lu her ears were large hoop earring?
of gold and sapphire, fclie sat behind the reporters
during the day, and on her right was lior mother,
Mrs. Mansfield, who was dressed in black silk, and
who is still a very prepossessing woman. Mrs.
Helen Josephine Mansfield is a woman of extraordinary
fairness of skin, while her mother Is
darker, stouter and shorter in stature. Helen
Josephine has dark, liquid e.res, and her cousin,
Marietta Williams, Is a blonde, with tawny hair and
(.ray blue eyes. Her dress was also a tuwnyColored
Bilk dress of two shales, end she had a
tawny and black bat on the top of her head,
bud everything that was not rich on her person
was tawny, with the exception of the heavy gold
hoop earrings, similar t > those of Mrs. Mansfield.
Dividing the attention wifh the Mansfield party
were tin large crowds of Erie Railway employes,
who yesterday filled oil t'ie back stats in the
Court, and began to swarm around the seats
of the reporters, endeavoring to crowd the press
men from their seats Willi the usual e.Trontry of
J'rle employ's. It sides tiles.' individuals, who are
lost to naiu'j and fame In the m? m, Mr. John Comer,
the Erie Hallway agent, was in Court yesterday,
and was again showed to an admiring assemblage
by little Mr. McKeon, who tnkCH especial delight In
httacking tl.ls ill-iated Individual and making ati
exhibition ofhlin for the benefit of the audience.
When Mrs. Mansfield saw stokes yesterday morn
ing in Court )t was lor the first time sluco his confinement
for the Lilltng of Fisk, 0:1 January 6. Thb
woman, who is a magnificent Medusa, took n long
tender look at Stokes, and seemed for n moment tc
drink in bin every feature. Bttll the Medusa kepi
tier nerves well In hand, and thought, no doubt, o
the many stroupe things that had happened sinc<
she last saw stokes, nix months ago, at the Yorkvillc
1'olice Court on that memorable Saturday morning
Stokes looked at Mrs. Mansfield and just bowed Ir
return tolhe look, and Mrs. Stokes, the mothcro
the prisoner, who Is said to be a woman of stront
religious feelings, regarded Mrs. Mansfield with i
look that only a mother could fathom.
The first witness called was a man named Ilyland
who did not answer, and then, amid a great bustle,
the name of "Edward 9. Btokes" was called loudlj
out by the Crier of the Court. All the people li
court, Including the colored coachman of Flsk, goi
on their feet to have a look at the prisoner, wh<
very quietly walked up to the platform beside the
Judicial bench, and took the Bible In Ids hand,
holding his eyes down while the oath waf
administered to him. Then lie sat In the chair and
underwent the examination, both direct and eroFS,
which lasted from fifteen minutes past eleven t?
twenty minutes of three o'clock P. M., with the
exception of an interval of half an hour for luncli
and Intervals for eloquence by Mr. Keach, who at
tempted to make a summing up tlnw early In th<'
case, as the cuglo-beaked Tremaiu expressed liiw
self In objection.
Stokes told his ?tory as well a.? any story w?i
ever told to a Jury by a prisoner In a capital case
lie UUtmiCVI HA.' 1UVTVUI" ??n ' ?*v *1 VI,
the time that he left the Court with District Ai
torney Fellows and John MeKeon unt
be took oysters and ale at Delmonito'1
btok'>u t>ald that he wan thirty-one year
of age, by birth a piilladelphlan, and that he liu
lived in that city twenty year?, and that he cam
from the Philadelphia College to New York, an
on arriving here lived with his nnclc, Mr. Peyto
Gilbert, in Fifth avenue, for two years, after whir
lie went into the produce business and then iut
the oil refining business at Hunter's Point, an
liit 1 business relations with Kink before the shoo
lng. The counsel lor the defence, Mr. Tremalr
asked what they were, and 1 lie District Attornei
for the fifty-second time, objected. Then then- wit
lively little sparring rn;tch, and Mr. M< keon d<
nounced the corrupt judiciary, one whom he sal
li&d been compelled to resign, a second hud be<.
impeached and a third was dead.
Mr. Tremain argued hi length the adinissiblltjr <
certain evidence In regard to the relations of l b
and Rtoke* before the shooting. Mr. Beaoh followed
In a very long speech, taking near an hour,
and wan followed attain by Mr. Tretnaln, who declared
that he believed that the long speeoh of the
counsel just finished had nothing to do with
I the ease In any way pa to the admissibility of evidence
that the defenoe were surrounded by Erie
influenoe, Erie detectives and Erie agents. Judge
Ingraham stated that he supposed any man (referring
to the Erie agent Comer) had a right to be In
Court, and Mr. McKeon retorted that he must then
take the cons?quences of the murderous proceedings.
After a good deal of this legal warfare the nris>
oner went on to tell his story at length, to tell liow
he had gotten to the Grand Central Hotel on January
A, and stated that he believed it was about a quarter
past four o'clock when he entered the hotel;
called there while in company with Mr. Bailer, be'
cause he saw a lady in the wiudow whom he believed
he had seen at Saratoga, and he lifted his
hat to her; Mr. Bailey, whom lie bad asked, would
not go over to the hotel, and he entered the hotel
himself; went In the ladles' entrance and up
stairs: did not stop or loiter around anywhere.
l The lady came out or the parlor, aud he
* left the parlor and wont back to the stairs
and was going down; was down about four or Ave
stens when he met Flsk comlnir un. who made a
rush at him, and when Fisk got to the platform of
the stairs Fisk pulled out his pistol, auu be Haw it
quite plain In his hands. It wan a silver mounted
, I'lstol. Fl.sk was on a line with the prisoner, and
L the latter crossed over, Jumping aside; swore
that he cried out to Fisk "Don't Are," and then
bulled out his own pistol and llrcd at Flsk. Had It
lu liis outside coat pocket, lie leaned on the rail
on the Bide of the stairs find cocked with ono hand
and died. Fisk held bU pistol In both
hands, and as Stokes fired Flsk cited
"i)h," and ha dropped his pistol after
the second shot of Stokes. Stokes swears that ho
fired purely in his own Belf-deience, as he believes
that Fisk meeting htm on the stairs Intended to take
his life. Stokes says he asked for a doctor, and Is
positive that the boy Thomas Hart swore islsely
when ho Bald he was present at the shooting.
Slok 'S then went on to describe at length th^ people
whom ho saw in the hallways, and also sworo
positively that Flsk. In his room, to which the witness
was brought, (lid not state that "That Is the
mini who shot me; take him awav," but merely
said, "That Is Mr. Stokes," and then turned
his eyes away. Stokes swore that he
) ! did not mean to kill Ft?U, and asked 1
! for a doctor, but that he mennt. to bit him when he
l saw Flsk draw a pistol on him on the stairs, from
which he said he could not retreat.. He swore that
he had heard that FJsk had threat-mod his lilo repcatedly,
and that the lust threat ho had heard of
was about December 20, previous to the shooting.
At the recess the Mansfl Id party went out to
take lunch, and Stokes, with his counsel. Messrs.
| AlcKcoii and Tremaln, and Mrs. Stokes, went into
I the Supreme Court Chambers, where they bad a
lunch, of which Mrs. Stokes did not partake.
I Stoket came out soon after an 1 lie s icnied In much
j better spirits than usual, owing to the evidence
[ produced in his favor.
I Mrs. Mansfield made nn Immerse sensation when
| Mr. Townsend called her for the dofeuco, and, as
in tho case of Stokes, her a;>i>carnuco on th stand
caused all to crane their necks and stand
up, looking over each other's heads. On the cross1
examination of Stokes ny Mr, (larvln ho related
' 1 the same story, exactly word for word, as h - hail
1 told lus own counsel, Mr. Tremaln, on the direct.
The attack on Mr. 1). B. Eaton was also discuss <1,
I but the qu 'stlons were excluded by Judce lnjrr.i!
ham. Stoiies told when he had purchased ins pistol,
1 1 and said that It was a four-barrelled one, and that the
, ! charges had been In it for six mouths before the
f j SllOOtlll'*.
1 Mrs. Mansfield took her seat in tho coolest mnn1
| nor, fully equalling the coolness of Stokes, whoso
hand, in pointing to a diugram 011 the wall, never 1
1 trembled. Helen Josephine was firm, too, and flut- 1
' tered her fan with playful vivacity while sho was
1 examined. Who swore that 0:1 or about December 1
16 Kisk sent her a note, which was produced in
Court, and, belntf at first rejected, was afterwards
' admitted in evidence. This note was taken to Mrs. 1
, Mansfield by a boy, who delivered it to Mrs.
, Williams first. The latter was present when it was 1
opened. It was signed "J.," and asked for
1 an appointment Willi Mrs. Mansfield, which
tiie latter mauo nt. nay-past leu in
( the evenlnjr. Flsk came, and made n 1
demand tliat Mrs. Mansfield should withdraw
her libel suit which she was pressing apruinst
him in the Yorkville Police Court, and Mrs. Mans- 1
i iieid nrtin that she declined to do ho unless
Fisk, over hiB own signature, should come out in 1
the papers and publish a full and entire vindication I
i of her (Mansfield), which Flsk said he could not do,
a* many others were Involved in the matter. Mrs.
Mansfield sajs that sho then declined to withdraw 1
the case, when Fisk pulled out a silver-mounted
: j ivory-bandied pistol and said that bloodshed would
comb Ol 1 r, end that he would kill Stokes, and tliat
j she said, "Oh, no;you won'i doanrthlogoftbesort," t
1 as sho did not believe him, but that she warned l
j Stokes to be more careful when ho next saw her
; (Manstteld). On the cross examination by District 1
Attorney Garvin Mrs. Mansfield testified that she 1
knew frisk to have eigtit or ten pistols in the house
I at one time; and that on one occasion she sent four 1
i of themawav. She knew that he had carried pistols 1
; on i he occasion of the black Friday excitement, and
j during the Susquehanna and Erie trouble, as well us 1
, when they two went to Jersey City together. The bo
! were stated occasions; but he had carried them at 1
other times. Mi s. Williams, on being sworn, testify
d that site hud heard Flak threaten the I
life ol Stokes tin several occasions, and hud known
: him to cany pistols also on several occasions In <
: bit etoUdsg. The itw, witness but one wtii Mr. <
I i.iobo, a merchant, who testified 10 having been
i present at the Southern Hotel at fifteen minutes <
I pant four o'clock on January rt, and caw .Stokes
: cross over, having left a friend at the other side, j
i and, taking oil lilts hat to someone, enter the ladles' 1
entrance of the Grand Central Hotel. V\'. K. 0.
Shanta. the city editor of tte MSnm testified to
having hoen In comiian.T with Stokes; were followed \
; by two men, whom lie ioid htm were Krle Kail way
detectives. The Conrt then adjourned until this
i morning. A mob followed the Mansfield party to 1
| the cai riage, but did nQt moloat tUeiu i.i any way.
The opening proceedings of the fifteenth day of
the trial of Edward S. Stokes for the Killing of
.lames Fink. Jr., were awaited with a feeling almost
: nkiu to anxlaty, The Jury, prim and fresh-looking !
j after their day's rest, entered tho Court about the
| usual time, aud arranged themselves for a comfortable
Hiding. Criem aud Court onicem were
running to and fro in all directions, keeping tho
crowd in order end fixing t!ie scats bo as to make
the most room for the pressing throng. Judge In|
graham slowly wended his way In, aud took his
j beat on the bench.
1 i precede;! by the SheiiU", entered tho Court at halfpast
ten o'clock, and sat behind his counsel. It. i
was noticeable that ay Stokes walked In Mrs. Mans- |
Held looked towards him oap* rly, her lips mean- I
while moving, as if to ray, "What a change has j
taken place!" The crl>r made his characteristic
1 | call to order, and the trial was resumed.
' ! Tbe first witness called was Mr. liailcy. He la a J
' nlddlo ased man of very respectable appearance, i
f Wh> n placed en the BUnd ho slated that ho met
! Stokes opposite the G; and Central Hotel, and was
' speaking to him, when 8tokC3 looked up towards
j the hotel and saw a lady fit the window; he ex'
| claimed, "O, George, tlicre Is a lady whom 1 met
? at Saratoga; I must go and see he; come along
f with me;' I said I had not time; be took hold or
mo by the coat apd tried cet me to go; 1 refused,
and I saw uliu (r? ftcrtfo* fd trie hotel.
, When the prisoner was called as witness In his
own behalf the excitement lu the Court reached Its j
' culminating point. Stokes quietly walked up to !
? the seal, and, having been swoin, testified as fol- !
i lows (lit- was a little nervous at first, but soon gave
t his evidence with distinctness)
To Mr. Tremaln?You are the prisoner in this j
> case ? A. Yes, sir,
! ! y. What is you age ? A. I am thirty-four.
Q. Where were vou boru ? A. Philadelphia.
Q. How long did you reside there ? A. Twenty
i ' years.
I , y. Where did yon go to from Philadelphia ? A.
I New York.
>1 Where did you go to? A. To a friend's, on
> Fifth avenue.
o. Did vou come from college here ? A. Yes, sir.
1 t). The Ponusylvania College? A. The Philadelphia
is ihk rnr ooons nrsrNiws.
1 Q. What business did you go into? A. Tin dry
goods business, at 8ft Wat?-r street.
Q. How long did you continue in that bualncss ?
A. Until 1k>;5.
B (I liM \ /.m IIiati f?n hit/I t)m i L'ICUIAUJ 9 A VAJ
1 Mr,
' I 14 Where ? A. Hunter's Point.
a y. Iluw long did you continue In that b'i*!nrnf! ;
A. I Mil the time Mr. Fink turned mo out oi' it.
Th" ))intrlct Attorney--! object.
j Q. Wnat date It when vou left that business ?
t. 1 A. January, 1*70 or 1871; It was 18T0.
g i tj. Twoycm8 last January? A. Yen, Mr.
Q. When did you first become acquainted with '
e Mr. FIsk ? A. 1 (lint became acqnaluted lu the |
,j month of July, l*?i.
O. Where t A. At the Krle Rallrond ofl.ee.
u i Q. I?ld vou liR\e any l)iiwln< ss relations with hitn
h prior to this alleged homicide t
0 The District Attorney?1 objoct to that.
. | Q. Slate generally what wa* the character of
11 . tlice relatlona.
I- Objected to and ruled out.
, 1 y. Were your relation* friendly and intimate T
' i Objected to and excluded.
r< Mi . Tromaln?May we not show, your Honor, the
b i mental condition of the prisoner, the buninetw
, I t-unaautlona o) the prisoner with the deceased and
| the effect the treatment by Flak had upon Btokeaf
" ' Mr. McKeotl oflered the evidence under the plea
n I of Insanity, on the broad ground that owing fo a
corinpt Judiciary BtokeB waa unabio to regain ni*
r.i hts, and let the Jury eatlinate the effect of hu I
losses uiid wrongs upon the prisoner. It waa well
k kuowu tliat oue of the Judges waa impeached uud I
another reslgnod, and another was, unfortunately,
Mr. Tremaln said Stokes believed he hail repeatMUrbtU
iOUed In his efforts to net Justice, owing
to Fist's connections with the railway influences
and the Judiciary, and this man W;<k, by a company
of anned men, forcibly took possession of the oil
reflncry belonging to lila (Stakes') mother; ifot an
Injunction to prevent him bringing suit to recover
It. and commenced proceedings auuiust him on the
frivolous ground of embezzlement. If all this was
true, and that Blokes was pursued, or believed he
was pursued, by armed ruffian*, all this ought to be
received as bearing on the question of Insanity, and
to show that when the prisoner met the deceased
on the fith ol January he knew that be met a man
actuated by vindictive reelings against him.
Mr. Beach replied for the prosecution. He said
his learned friend was too advanced in bringing in
evidence as to Insanity or disturbed mental condition.
There must first be a foundation laid tliat
there were acta and Indications suggesting Insanity
prior to the homicide, and then allow proof to be
given of such a state of mind. Aa to the allegations
about a oorrupt Judiciary, one Judge was
driven to resign, another was under trial for Impeachment
and a third was driven to a prernaturo
grave by the cruel action of his Judges; but not one
or those w-as Judge In a trial as between Stokoa
and his victim.
and the uuiounded and atrocious calumnies uttered
against the deceased Mr. Flsk, wer* Intended to
have tholr effect upon the Jury and preveut the
course of Justice. The deceased had faults but he
had a large brain and a generous heart, and there
are greatful hearts grieved at the slanders against
him adopted by the defence. A most uniustiflable
assault was made upon a gentlcmon who sat at
Your Honor's fuet on Saturday, and ho was paraded
beiore the audlence as a man who was a friend of
Hie deciiascd. We, too, continued the counsel,
have beiyi assailed. I an) not accustonied
to hear myself palled a bloodhound; I am
pot accustomed to bo told that my palm is
stained with blood money because I am associated
with the District Attornoy in discharging a duty,
wllh the utmost kindness toward this defendant,
and In pursuit of my professional rights. I toll tho
gentleman that I stand here under tin authority as
unimpeachable as his own, and with a professional
and personal propriety as irreproachable as his
own; and as long as I discharge my duty with ptoprloty
1 am not to bo told that J am forgetting
humanity and professional duty. Counsel went on
to argue that supposing the deceased was a
bold, vindictive man. that would be no Justification
for shooting nlui on slight. There was
110 proof of Fisk being armed, but the flimsy pretence
is put In tliat blokes saw some movement of
the hand as If tul.lug out a pistol, and tln-n the
leudiy bullets sped upon their errand. When a
man draws a pistol ana shoots his adversary the
meant the natural consequence of Ills act, that lio
lu tended to kill, and that Is the premeditated design,
and he can only Up Justified by having correct
and reasonable itnpr unions, founded upon facts,
that hW llfo was hi danger; otherwise every assusHln
would have such "Imprest-Ions" after the deod,
am! there would l>e Immunity to homicides.
The Court ruled not to go hack as far hs J 369 or
1S70 either iinon the subject of premeditation or
Otherwise, lie also intimated that lengthened dtscnsslons
between oounsei would not be allowed,
and that, statements as to the relations between
the parties, II connected wllh the transaction
itielf, would be admissible.
Mr. Tremaln?Your Honor, can we show the
at the time of tne occurrence t
The Court?Yes, sir.
Q. What were Klsk's relatlous towards you at the
time of the alleged homicide t
Objected to.
The District Attorney?Tlila is a general question,
and Is objectionable as allowing the prisoner to
(five his own construction of those relations without
regard to tine or circumstance. The question
Is too trenerfil and bald, and it would be Impossible
In answering it to conlluu the witness within tlxu
ruling of Your Honor.
Tiio Court?Ask us to the time of the occurrence
Q. On the Gth <1ay of January last were the relations
of the deceased towarda you iriemlly or hostile
Witness (rapidly) ?Very hoBtilo.
y. Uow long hud they been so?for sorao weeks or
Objected to. Question admitted.
Witness (itfjain answers to reply)?Thoy had been
hostile for nine moutlis.
Q. I will now call your attention to the 6th of January:
on t!ie morning of that day had yon been bel'ure
Justice Bl.\by, at the Yorkvllle Police Court ?
A. Yes.
Q. You were engaged In a trial there ? A. I was
there as a witness.
o. Kisk was a party to that trial ? A. Ho was.
(J. Flsk was uot there himself ? A. No.
g. How long betoro thai oth of January had you
seen him lor the lat-t timo ? A. 1 think the last
line 1 saw him before that was on the
two or three weeks previous; I hud been there
juylng tickets for tho theatre.
Q. no you know he had been sick previous to
that time, 6th July? A. I thought he was sick;
[ heard he hud been sick for a week.
Witness whs admonished by the Court to conlluo
iiis answers to what ho himself knew.
Mr. Tremain?We propose, Your nouor, to show
that the prisoner, when passing the Opera House
that day, did not expect to see Mr. Flsk, It being
known to him that ho was sick.
Mr. lio;!< h?It was proved that Mr. Flsk had been
rmt on the Thursday previous. (No notice ta*eu
Df the remark by the defence.)
I}. WlniI ttuie did you leave Justice Blxby'fl Contt
jn that day ? A. I think It was abont two o'clock.
q, Who was with you when you left? A. Dist rict
\ttorney Fellows, John McKeon and myself?we
eft In a carriage together.
y. Who this the case In which
JO.ilK ttAKdi'lKLD
vas ft party? A. Yes.
3. She was tee complainant? A. Yes.
. Aud Fiak dofendant? A. Yes? (witness cor fcctlnn
himself) Ml? Joele E. Mansfield.
y. 1)1(1 she leave, the Court wlien you loft It?
A. Yes; she left with her couslu lu another carriage.
(}. Who Is h??r cousin? A. Miss Williams.
Q. Where did you drive to In your carriage ?
A. We drove directly to Delmoulco s, at tho comer
of Broadway and Chambers street.
o. Did yon alt vo in there? A. Yes.
Q. How loug "did you remain there? A. We
went in about halt-past two o'clock und remained
to about a quarter to three. I had some oysters
and a glass ol ale with Mr. McKeon.
y. Without being particularly Interrogated procrcd
nnd giso the Jury a narrative of your movements
trom that timo down to und including the
tiruc of tlic flr.ng at tnc urunu Central Hotel.
The witness (Stokes)?Do you want me to give the
conversation in tiio earriugo between Mr. i'ellowa
and myself f
Mr. Tremain?No. T should bo glad to have it,
but It would bo objected to on the other side.
Con flue yourself to a statement of your intentions
ami of ttio facts occurring st tint time.
The District Attorney?We object to a statement
of Ills Intentions.
The Court?State -what occarre'1.
Witness Stokes)? Afttr I iiad lunch at Dclmonlco's
I went to tne oilloe of liufus A. An Irews, on Chambers
street, right opposite, the City Hail, uud 1 luquired
of him about the- indictment
District Attorney?1 submit the whole of tills
conversation about the uulictii.om has beeu ruled
Mr. Tremain?It was admitted.
District Attorney?No. str.
Mr. Tremalne (repeating Ironically. No, sir)?I
say yes, sir. The question was previously put, If
tli Indictment wa? found, and it wad admitted.
The Court?That w:is admitted.
The District Attorney?Let liim confine himself to
the acts done, and when a point Is raised as to coaversutlonM
we will dispone of them.
Mr. MoKeon (again red hot)?If Stokes had been
on trial on this charge ho would have been hung.
What docs the District Attorney mean by the objections?right
oir f
The Court?I liave jilreftrty suggested to Ton that
y6u (iff. McKeoii) have lio right to cat?cfuzo tho
District Attorney.
Mr. McKcon?We have a light, to hold him to his
The Court?No right to Interrogate him in this
y. state what occurred In Andrews' office T A.
He told me there was 110 chance of an Indictment
being jound airalnwt me by Mr. Flak; that It had
been laid over a number of timep, and he supposed
the thing was ended, and advised me to go to Providence;
1 then loft his office, and subsequently saw
and spoko to Mr. Fellows, and he advised me by all
means to go to Providence; he said tiie Indictment
had been dismissed; that It had been up some time,
and that Jav Could
The District Attorney Interrupted <hc witness,
nn?l objected to las going further on the ruling or
tlie Court.
The <;ourt?1The only tiling admitted on tlie point
va'< concprninn the Indictment.
Witness? He said it was dismissed.
y. Md you believe It was dU?ui;aoe(lt
Objected to.
Sustained and excepted to.
Q. What did you do then! Where did von go to?
A. 1 crossed over Broadway ami got mto a coupri.
y. Dojou know the name of the driver of that
coup<5? A. He puve his name beloro the Coroner,
(Lawrence Carr) ; 1 told him to drive me to the
Hofttaan House; when I got into the coupd It was
three o'clock: he drove, nie there, and I went up to
my room to get some papers I had for the Court of
Appeals at Providence, on Tuesday; when there I
went to the olllcc, and looking over some papers I
found a despatch retimed that I had sont to John
Doty, and 1 spoke to the Clerk
Objected to, the Irtslrict Attorney contending
thut all about tlie despatch had been ruled out.
The Court? rhe despatch was ruled out.
Mr. Tremaln?The luct of sending the despatch,
Your Honorf
The Court?Yea.
Q. Oo oil and state wliftl occurred t A. f hud
some conversation about the despatch with the
clerk and Mr. Jones.
The liistrlct Attorney objected.
Mr. Tremaln -I didn't a*k him what he said.
The Court?The objection Is, tn.it ho may stale
himself the conversation,
y, Did you see a Mr. P. McOultln there, and had
you any conversation with him ? A. Yes.
O. Did you see Mr. Cottrell f A. Yes.
() Hid you have any conversation with McLaughlin
with reference to tiio whereabouts of those two
P ihous mentioned as witnesses in thy i'rovldeucu
case? A. Yes; he said .
District AttoriiQJ? 1 vluCOb
Mr. Tremaln?Why do yon Interrupt tho witness
now f All Mint paused between them was ad in tied
in the testimony ol McLaughlin. You cuauot got
aloug without your "J object! I object!"
Q. what conversation had you with him f A. Tho
0011 vernation was that I w ul J not be ready to go
to )'i ovtdence ou Monday unless 1 had tUuuo papers
with ran to band in.
Q. What inquiry did yon make as to the residence
of theso wen V A. I inquired where I ooidd find
them: he said I would ilnd Smith at the co ner of
Broadway and Amity street; as I Raid beiore, Ferris
formerly had livery stabl >s near theie. aud ho
said 1 would Arid one or both in lliar. locality; at
the UoTutun House i found some of the papers; I
had left some pf tiiem at MUs Mansiiold'a house the
even Inn belore.
Q. Where waa thatt A. 859 West Twenty-third
strcot: I got Into the coupd at Twenty fourth Mr.?et
and told the Urtver to drive me to 8ftw West Twentythird
street, aud he went down Sixth avenue: he
drove me there without stopping: J did not tell nlm
how to ko ; I don't recolleot whether I looked out at
tho Opera llous * or not when pas-ting it; probably
' I did, as 1 almost always did so; when I reached
Miss Mansfield's I found the window# all shut up
and I thought to myself that Miss Mansileld must
be sick, as she had been sick before leavlug the
Court, and I thought I'd not disturb her then.
The Court (to witneas)? It is not proper for you
to atate what you thought about this or that tiling.
Mr. Treuialn?Can ho not state why he did not
go In.
The Court?Q. what did yon dof A. I told him
to drive me to the corner oi Mroadway, near the
Orand Central Uotel; I did not know the street at
that moment; I did not give him any other directions
what way to go or how to drive; I turned
IUIIUU n line no ITCIC iu ?oivu?u U?VIIU\I^ * "? ?>
then read tig a paper, and told liim to go down
Seventh avenue; I wanted to go that way on account
of the wooden pavement.
IJ. The pavement was rougher oa the other
HtreeW A.. YOB*
Q. What were yon going thore fort A. To Smith
A Ferris'; when I got to the corner of Fourth
street and Broadway I rapped wltli my cane at tho
window, and he stopped, and I got out. and paid hun
{2; ffoni there I walked up to Dodge A Ohamerlln's,
a saloon which Smith and Ferris often
frequented; I asked a gentleman that was standlag
at tlie door if ho hud seen the parties j hereplied
that Smith was in tho sample room at t!ie extreme
end of tho store; I wont in and saw Smith
and talked to him on the business; I supposed 1
talked with him over llvo minutes: after 1 had
finished my conversation with him I met Mr. Infialiam
und Mr. Polliemus; myself and Mr. ingraam
had some private conversation for about
another Ave mlnut s; 1 was in the place in all al>out
ton minutes; 1 then crossed over to tho corner of
Amity street?northeast oornar?whore I was told
I would bo likely to IIud Ferris; 1 didn't see him,
and there I met with Mr. Bailey: he asked mo
where 1 was going, and I said to tlie Metropolitan
notel to get tickets for the Olack Crook; 1 asked him
would ho not coma with me aud ho confuted, and
we walked together down Broadway till opposite
tlio grand entrance of tho Grand C entral; passing
it I noticed a ladv at out; of tlie narlor windows: a
window as presented in tlio diagram; the lu iy was
looking out of tiuvt window (Indicating the window
in the diagram) and 1 thomrht she wss a lady
] had inut at Saratoga; I took Oa luy hat to her
tmd she
tartly nnaofinizrd vn,
and I then asked Mr. bailey if ho would not corn" over
to tlie hotel wlt.ii ino, but ho reftised; wo had been
talking on some business in connection with my
brother; 1 walked p.irt of the way back with hint
to almost the cornerot Hond street; ho then walked
back with mo half a block, until neat ly oppontte the
ladl a' entranoo of the hotel, when I crossed over}
the street was crowded with carriages; whenl came
to the sidewalk I w.*s tenor fifteen feet 110m tho
ladles' entrance; I was not running, but 1 might
have ran across the street.; the carnages were all
inline; I went through them and walked to tho
ladles' entrance; I walked up tho stairs and noticed
the boy Redmond standing thore; 1 turned to the
door of the ladies' parlor, and saw the lady again,
but she did not recognize me, and I eould not well
recognizo iieri I walked along tho main hall
to the reading room, I think, as lar back as I could
go; I went inside; it was the first time I had ever
been on the sccoud iloor of the hotel; ( looked in
(or a minute: 1 walked back again along the hail
and I saw the wltuess Henry, the Frenchman,
standing near the ladles' parlor talking to some
ladles; I walked down the main hall to tho dining
room: as I did so the lady came from the window
and passed mo about there (indicating the spot on
the diagram); as 1 turned s'iO went up the stairs;
there were a great, many people tiion in tho hall; I
waliced directly buck from the dining 100m: i supposed
it was the diniug room; the doors were
closed and I did not see Inside; I walked directly
back; didn't stop at all here; went right down the
hull; didn't pause at all.
q. Where were you going to f A. Going out; I
got down three or lour steps
encountkkj fi8k.
wh<>n I saw Flsk coming in; he lookod up the stairs
and saw me; he Imim d:ately sprung to the platform
and drew out a pistol; lie hold it this way.
thk kir1no.
The witness, Stokes, then described the way, ns
he alleged, Kisk bold the pistol. lie tamed hall
1 sideways in the chair to the lei'l. put his loft hand
m advance of hie right, keeping both on a level with
his hip, as if cocking it, and so described the way
Fisk was preparing for tho encounter. Not the
slightest change appeared in btokes manner us lie
give tills part oi his evideneo; nor Indeed wa-<
there any perceptible change la his demeanor oil
the time Ue remained on the stand. His utterances
wero rather snappish, and his testimony hurriedly
given without feeling or any exhibition 01 s utinient,
either as regarded the danger In which he
himself stood, or at the dreadful I'ato which h;s act
hud precipitated upon the unfortunate man who
had died by his hand.
tttokes resumed?When he pnlled out the pistol
I was alone with him; 1 cried out,
don't kike!
I then Jumped from the side I was on to the left
hand side and planed my hands
this way on thk bann13thr3
(describing his motions), unci flred at him.
Q. How lar down were you then ? A. Four or five
i. Did you count all tho steps there? A. Yes;
there were slxteeu; ho might not havo had his leet
on the steps; he was 011 the plationu.
Q. Did you intend to pass him f A. flo came up
quick; the boy Kedwiond was inside of the do<?r
when 1 flred the first shot; 1 think Plsk wm tux-uking
to liiiu; I heard kohio conversation.
Q. You had no Idea It was Fi.sk ?
A. i > it; iv ouiii.u.
Q. When did you lest know It was Fisk?how fnr
were you dowu the stairs v A. 1 was down four or
live steps; i uilgln have been more, but that muny
at least.
Why did you flro at lilm f A. Pccause I kriow
he had Ills pistol in his hand lu this manner (holding
It us before, as ii cocking It).
<i. Dltl you sue it ? A. I saw it distinctly.
Q. Hov? do jroo know it was a pistol t a. I am as
positive ol it ns I could be ol anything; it was a
HliAKK-l'LAiKD rmroL;
I saw It shine.
(J. Did you believe be wos going to kill you ? A.
Yes, directly he drew tils pistol; i wouldn't nave had
tliuo to draw my pistol but that 1 eurilud it iu my
I pulled It out with ono hand and flrctl us quick
as possible; when my llrst nlu>t was fired ho had
his pistol In both hands, and held It so wheu the
i second shot was llrcd; lie migiu hive staggered a
little from the firing but ho still ImU the pistol lu
his hands; i cocked t he pistol
after thai lie cried out,
"on, i'u sitot;"
he then dropped his pistol: whilo I stood there a
moment he turned his back this way; 1 tuen walked
up stairs; no oue was there then; when the
second shot was tired Kcdiuond was In the streot,
but 1 tlili.k he was there wlpm the llrst shot, was
llred; no one wan ut the head of the stairs; I
then came up to tlio head or tho stairs, ami my
impression Is that 1 dropped my pistol; I was
very much bewildered ; my pistol was dropped
beyond the head of the stairs; tlio llrst poison
I met was Mr. llill: liarte was no where
there at all: 1 rcCollect meeting Hill, and he
UTI TO MK, "W11AT IS rr ?
what is the matter?" 1 sold, "A man is shot below
stairs;"! didn't stop at all; the Frenchman theu
came up to me, the man I had previously seen; ho
uiso tisi.ed me wnai was up, uuu 1tom mm unit a
iuau was shot, to
Q. Did yon bring that pistol to tlio pnrlor (whore
n plitol was found) ? A. I wan not Dear that parlor
at all; when I got to the foot of the stairs (I?y
which he wa? returning) I met a man there and
said to him, "Can you gut a doctor?" llo looked at
me, and I said to him a second time, "Oct a doctor,
there In a man shot;" he said nothing,and 1 started
along on this sldo (pointing to tho diagram) audi
Uuaid some oiie cry out,
I looked round and Haw a man some twenfy-flvo
feetoiT; he cam'! to me and I turned round and
went with him; three or four other people came up
aud what took plane after that 1 don t know.
i{. What was your mmtal condition at that
time ? I wan greatly bewildered, ami I don't know
how I got out of tho hull; whether the officer
brought me out by Uroadwuy or Mercer at.eet I
don't know.
Q. Do you recollect
A. I have no rc< ollecllou of that: no one asked me
about the shooting; I recollect some one speaking
to me about It; I Know when 1 was
COM-HOM ki> wrru uk. ki?k;
I rccollcct that.
q. btate about, that, whnt you recollect about Itf
A. The otllcer took nie to the room where Mr. Kink
lay; he was sitting In the centieof the sofa; his
coal was off; he was in his shirt sleeves;
and ??ldJ'That Is Mr. Stokes," and then he dropped
Ills eyes this way; he wus looking very bad and I
Intended to have spoken to him to exonerate me.
<|. Did you understand him tt<!re as charging you
with ttie shootingr A. I did not; tho only words
he sitld was, "That Is Mr. Stokes," and he said It as
U ho was very bad.
y. Was there any circumstance operntlng on
your nilml that should ho charge you with ttie
shooting to Impel you to appeal to him to say
whothei he had not first drawn upon you? A. Yes.
Objected to and objection sustained.
The Court?The witness soys that lie did not sn
charge him, and the question Is therefore Irrelevant.
Anything that actually occurred outside the
operations of Ids mind he is nt ltoerty to state It,
Kxception taken to the ruling ot the Court,
(j. Had you made up your mind before yon went
Into thai room that U iu> charged you. With llu
HiiootlngTon wonld have asked bin to admit that
he na-l a pistol ?
Objected to and excluded, and exoeptlon taken.
Witness?When 1 was taken round to t'ao station
houaj I had no tdeu that
Q. When you entered that Urand Central Hotel
that day had you any Idea, knowledge, Information
or suspicion that Fink would be there or would
coiue there * A. Not the slightest.
O. When you pass d the opera House did you see
Flak's carriage theref A. I did not.
Q. You had hoard he was slckf A. Tea.
Q. And supposod he was then sick? A. Yes.
Q. Prior to yoar entering that hotel had yon any
knowledge, Information or suspicion that he was
coin/ anywhere In his carriage that day? A. None
iu mu worm.
Q. When you entered the hall to go ont bad you
any expectation or Intention of meeting Fiskf A.
Koue lu the world.
(J. When you oame down the stairs had yon any
knowledge that Flak In the housef A. No, sir.
Q. You hoard the testimony of ttie fireman, who
said that before you entered the staircase to pass
ont you had stood for some time looking over the
bannisters? A. That testimony was all taUe, every
word of It.
Q. bid you enter any room in that hotel from the
time you came In until aftor the Hi tug exojpt parlor
207 V A. I did not.
O. Did you go crouching and bending a'oug the
hall from the ladies' parlor to that staircase V A.
No; when 1 went towards tho stairs I went the
other wny.
Q. Did you say before tho firing,
"i have oot you nowf"
A. No, sir; T never made use ot such words.
Q. Did yon speak a word from the tlmo >011 went
In there until you c led out to Fisk not to lire f A.
That was tho only word I spoke from the time I
went into the hall till the moment I was going out,
then I met lilm.
Q. Was there light enoutfh In that largo hall for
you to have seen llarto If he had been standing in
the p.ace pointed out bv him if A. Yes.
Q. Could you have lailed to see him ? A. No.
Q. When you
iittftn Yotnt nsTOi. at fisk
did you Intend to kill him ? A. No.
Q. When you oall d for a doctor for Klsk did you
think he was dying r A. No.
y. Did you believe that Flsk's pistol was loaded f
A. I supposed
or ho would not. have drawn it.
(?. When they arrested you down stairs were yon
searched for a pistol ? A. Yes.
0. Where did you get that pistol ? A. I bonglit
It In Iiroadway, in July last, next door to Delmomoo'a.
(i. For what purpose did you buy it r A. I had it
fit v irmnthH.
'Die Court?It is enough to show that ha lmd tho
Mr. Tremain?I propose to sliow that by reason
of threats made by Flsk lio bought the pistol.
(), Did you look Pom tho head ol tiie staircase
out to the sidewalk tj boo If Fink was c timing? A.
.No, sir.
o. Did you nee his carriage come down Broadway
before you readied the liot'elr A. I did not.
Q. Did you 8?e Fisk's carriage iu lront of the hotel?
A. 1 did uot.
o. Did you have a cane in your hand? A. Yes; I
hud a light walking stick.
O. Did you keuy that in your hand? A. I did; I
bail ft largo pair or dogskin driving gloves 0:1 me
when this occurred; I had a large riding coat, very
conspicuous, made 01 Irish frieze, some six or seven
| Indies longer than the ordinary co.it.
ty. Before you met Fisk In that hall had von received
warning or communication of threats ma-de
j by Fisk to kill you or do you home grout Injury?
District Attorney Garvin objected. Question admitted.
A. I had.
<4. What was the nature of t!ie threats communicated
to you ? objected to.
liad-you heard that he made threats against
your life ? A. Yes; numerous times.
Q. What was the last warning you received of his
tin eats to kill you previous to tho homicide r A. 1
thlukit was about the 20th of December.
Q. Was tnis the first time that, you saw him after
learning of these threats ? A. It was.
A recess was then taken.
After tho Rccru.
The Court having reassembled tho direct examination
of the prisoner wur proceeded with.
Q. What knowledge diet you possess at the time
of this shooting iu relation to the character of the
deceased ?
The District Attorney?I object to that, sir. I
think It Is immaterial.
The Court?After the evidence in the case, I suppose
they have a right to show if he had positive
knowledge 01 tho character of the deceased. They
can ask that. A. I had positive knowledge.
The District Attorney?I object to the question es
Indefinite and uncertain, leaving it iu the power of
the witness to go over lrrelevapt matters.
Mr. Tremain?Did yon know what tho character
of the deceased was ? A. Yes, sir.
Q. What was It ?
Mr. Beach suggested that "as to disposition and
temper'' mast be added to the question to make It
Mr. l'n.inaln?Well, afl to disposition and temper
? A. II? was a very vindictive, unscrupulous.
(ksperate character 01 man, who would Btop at
nothing to carry out his aeslgus at alt hazards.
if. Before you met the deceased on this oceiston,
elate whether you had been followed by rufllanly
looking persons, whom you believe were sent by
Tiie District Attorney objected, and the Court excluded
thu question.
Q. State whether yon had bean followed bj persons
whom you had been informed had beeu sent
by J-'isk.
The Court?Excluded, sir.
Mr. Tremaln?What is the ground of objection*
The Court?I lmvc excluded it before.
Mr. Tremain?Yes, because there was no foundation
laid tor it.
Tho Court?His belief is not n pood foundation.
Mr. Tremain?Are not the previous apprehensions
of the prisoner admissible *
The uoui t?Not unices thev are founded on facta.
Q. llad )ou been loilowed by persons whom you
Wf-ro lnforined and believeu had beeu sent by
Flsk ?
The District Attorney?1 submit that that Is not
Trie Court?I do not think that will answer; I
think you ought to prove it. in some other way, or :
ask uiiii wliat he knows of bia own knowledge,
" jnr again."
Q. Had you been In formed that Ftsk had persons !
! on your track to attack you, and did you see per- |
| sons pursuing you at diiferuit times *
I The District Attorney?I object. ?
'ihe Conrt?It is the name tiling.
i\ Km.! vaii u^fti r<t!liuvliiir v/iti ultrtm inn
i were Informed and behove! had beeu sent by Fisk |
| to a'tack you wiililD a very short lime prior to your |
I meeting the deeeasod.
i TUu Court?'1'Heobjection (o all those one^tlons
la that It has not beer. shown that Flak sent tuem. |
Mr. Tremain?is it not rather tho 1'ccliu^ that
Influenced him at tha time of the meetlnn rather
tann tli - actual Cart that we have now to consider?
Are not iliu upprehenaiona of the pil-souer proper [
The Court?I do not understand that tiie rule
admits evldoiieo as to what he had heard in regard
j to persons unless it Is shown to have been iu sumo
way connected with Fisk.
Q. llad you been Informed a short time before
this homicide thai yoa vert tobittntMlntlw
suno way that Baton had been treated*
The Court?Informed br whom?
Mr. Tremain?Hy a third person; who told him 1
that tliey had it from Fisk ?
The Court?I think the better persons to furnish
this testimony aio the person" who got jt fr()m
F.sk. Vyu ought to jiut In your best testimony
V. Did you nights and days for a long time prior
to tills shooting travel In covered carriages from
lear and apprehension that you would be a'tacked
at the Instigation or Fisk, derived from information
communicated to you that Fisk had such persons
upon your track f
The Jllstrlct Attorney?I object.
Mr. McKeop?Put my own case. I was under apprehension
from Fisk, and ?
The Distrlot Attorney?Wo aro not trvinir you?
Mr. >IcKe?>n?Huppose he knew Mr. Fiskrs mode
of doing business was to get in the background and
to put forward desperate persons who would knock
any ono on the head for $iiuo or f 1,000. Is that not
to be put In evidence f
The court?What Is there that distinguishes this
case from others V
Mr. Tremain?Simply that bo acted under these
i ho Court?1 will admit the fact that he did so
travel in a carriage.
A. I always travelled In n carriage for that purpose
night and day?never walked.
Q. since what time y A. Kver since my trouble
with Mr. Fisk.
How lonir o^fore this homicide t A. Abont
twelve months; probably u little longer.
q. I?ld you get persons to go with you to protect I
you ? A. Yes, sir.
y. nun mr. rihk luiii you prior 10 him iuci-uuh i
that he had a plan all laid to railroad yon to the |
Utato f'rl?oa y a. Yes, fir; ho told mo tlmt ho had
if all arranged with the Mstrlct, Attorney's oflice
to railroad mo to state Prison: I communicated i
this to the Dlstrlci Attorney's assistant, Colonel 1
l Follows, la.it Hummer; Colonel Fellow* said It was
I not true.
llero the prisoner had evident!? gone too fur, and ,
bis counsel nurrtertly stopped him, in accents that
were Jnst a iittlo tiiiged with Irritation at his ex- i
cessive frankness or stupidity.
Q. Did Flsk say to you nt anv time that they had
"graveyards for those that crossed their track?" |
A. Yes, sir; that was at u dinner party at Miss
Mansfield's, on Washington's Itirthday.
Q. Who was present t A. There was Miss Williams
and 1 think there was unothor gentleman, a friend j
! of mine.
: Q. Who was that t
1h prisoner cast down his eyes and seemed
I rather pu/aled as to whether he should answer,
j After meditating In n nervous Kind of way lor a
! s ocond or t wo. lie replied In a low voice, "Judge
Hiirnard." and then added, with a still more conflict
d manner. "1 can't say whether he wus In tlio
room or not at the time Flsk said that."
(). How long had yon labored tinder these apprei
lienslons of at tack that you havo spoken of, la-fore
the meeting f A. Aiiout tho time of my Hist arrest;
I think there were some months during whloh
! Flsk proposed a settlement; 1 was not alarmed
) thou; it was ubout twq .Vcuis before tUo Uvuiicide,
M*. Tremaln?Two years or one f A. One 7C?T|
I wan mistaken.
Q. After you wore arrested and taken up to
Flak's room, were you carried to the outtou hoiuet
A. I walkcJ around to thu ?t uioa house. ,
Q. Did yoa send lor Mr. McKeon f A. Yon, girt I
ent for Mr. McKeon immediately.
Q* What time did he oouie there t A. Verf
shortly after the occurrence, and 1?la ted to lila
th? 'acta Just a* l state theia now.
V- ? oii had an Interview with him immediately
afterttieoocarreneer A. Yes, sir. i
h? f 1 understand Your Honor to rul#
? * 7^-55 J2?i Prove by thia witness particular
"t?tements made by Flsk to
witness as to aota that he had done ? J
The Court?I think his evuleuo must be confined I
to general Inquliles as to his disposition. I
w Trmnaln?1 offer to show particular acts don* I
by Flsk to the knowledge of the witness to othe* I
noMAiia anrl /tAmmnninofaii ?? ? -
" " "" """-ni ijj fisK to tho witueM
when they were on friendly terms, sliowln* QU
character to bo that of a revengeful unscrupulous
man and a mau of great power.
The Court?I nmst exclude that.
Mr. Treinalu?Your Honor will note oar exeeik
tlon. f
The Judge laughed and said, "Of course."
Q. I ask also whether on one occasion, at a dinner
nnrty at Mansfield's, the deceased said to the
prisonur in suustanoe that "Wo rule New York wlttt :
a rod of Iron as completely as ltobusplerro ruled
The Court excluded the question and the dofenc?
excepted to the ruling.
Q. I ask whether the deceased alto told him thftf
on one ocoaslon he had learned that a person v*a?
going to he a witness against him and that he haq
Sent liiui down on his tug on board of a vessol
bound for China, tolling him that lie would bring
him hack, but that he had instigated the caption
pf the tug to leave him, and that he was carried M
Tho District Attorney?I object.
Tho Court?It comes under the general ruling]
I do not see that there is any use in repeating thU
class of questions.
Q. 1 ask him, also, whether l''l?k find his agents
diu take forcible possession of the oil reilnery by
anned force of thirty or forty ui n ?
The Court?It Is the same thing over agn'.n?
another navicular act of wrong?not proper to b#
tried In tills case.
Mr. Treraaln here again rose to ask a question,
but, changing his inlud, sat down again sr.ylng;
"That Is all, sir."
Cross-examined?You say you bought tho pistol
about six mouths before tho shooting 1 A. 1 uan
tlx the dato exactly by Judge UeacU'a son; I boiler?
that was about tue tune.
Q. Do you remember whether yon bought more
than ono pistol at that time. A. I only nought o.je*
C^. Did you evor buy any other pistuls at the sa ne
place, except this on?? A. I bought another pistol
there about six months previous lo buying this one.
<j. Did you ever buy any other at that s.inie plac4,
except thosa two? A. No, g'.r; I bought a pistol
about January, 1871, and 1 lo.it It, aud tuen I bought
itxiH one.
(j. Wero yon ever in the habit of carrying a pbtol
before buying these two? A. 1 novor carried %
pistol before this trouble \v!tU Mr. Kisk.
Q. I ask if you ever carried a pistol batoro you
say you bought tUo oue or tiie other of those two
pistols? A. No, sir; 1 never did. [ may b3 a littls
mistaken about- the date 1 bought the first pistol; it
nilut'nt be ix year and a half before tin* occurrence j
It wus In July.
Q. Do you remember the numbers of thonorMtols?the
last one or Hie tkst? A. i'ho flrst one \vua
a different kind of pistol.
Q. What kind of a pistol was this you used on thla
occasion? A. A Colt's; it wus tho same that the
Coroner had; It was just such a pistol as that.
a mi93ino i.ink madh 00od.
Q. Is that the pistol? A. I have no doubt that
that was tho pistol.
At this there was a marked sensation In conrfc.
The very point that had so long been a flaw lift
the case for the prosecution was now prove*)
by tho words of the chief actor la
the tragedy, and the District Attorney was
astonished to And that the long series ot
questions he had been proposing to prove this very
point had simply been a waste or time, and that ha
had achieved such an easy victory. The counsel fot
the defence looked correspondingly chagrined at
the frankness of tholr client.
(J. Where did you carry this pistol ? A. In my ont.
side pocket most always; sometimes 1 carried II
behind, in tho pistol pocket ol my pauls.
tub wuite ovekcoat.
Q. Was this white overcoat that yon wore ona
that you had worn for some time previous. A. It
was one that I had very slightly worn; It was a
very conspicuous overcoat; I had Intended to go to
Europe, and 1 thought It would be a good overcoat
to wear on tho steamer.
Q. What kiud of a hat did you wear on that day f
A. A black high hat.
Q. Do you remember whereabouts It was that yon
toolc a cab to the Hoffman House? A. BetweuH
Chambers and Warren streets, on this sldejjf Chambers
street and ou the nearest si.le of lSroadwayj
there were a ?<>od many nacks there, and ic was la
a line anion? the other hacks.
Q. Had you ever ridden with that man before t
A. Icaunot nay; he said at the Coroner's Inquest
thatl had; 1 suppose so; 1 do not know whether I
had or not; I have no recollection whether I had
or not.
Q. Did you go directly in this ca'i to the noffaiaa
House? A. Yes, sir, witaout stopping.
(J. Anybody In the cab with your A. No, sir.
Q. .'.n I how long a time did you stay at taa Hoffman
House niter you arriwd there ? A. I should
t link it was about ten minutes; I went up stairs la
my room; 1 should think about ten minutes.
Q. Did you dismiss the cab there ? A. No, slrr
the cab wits standing in 1'wcutv-fourth str, et; 1
kept it waiting?thj same cab ana the same driver.
stokes' watch fast.
Q. How long, according to your best recolloctlon.
4* ?.,* til.Ik trhan w.n Vln i tr\/*t? I/'t\' A
until you got to tho uraud central Hotel and weal
up those stairs Y A. It was a little over an hour.
q. I)o you remember whether It was before ot
after loiir o'clock that you went into tho Urund
CeutrHl liotel y A. It was a quarter past four by
luy watch when 1 went luto the hotel.
Q. l)hl you look and sou Y A. It was ten mlnv.tei
psst bv It, for 1 looked when 1 wa-i at ChaiaberUn b
Dodge s, and It was about Uve minutes after that.
Q. Alter yo i left bailey at the corner of Bond
street is there any man til it .von recollect, cither in
cio-iSlntc Broadway or In going into tiie Uraud Central
Hotel, that you now remember that you saw!
A. I did not leave Bailey at bond stroet.
Q. Well, wiille jou were cnasing Broadway or
entering tho hotel Y A. 1 heard oi two geiul ;incn?
q. Never inind what you heard?that you saw J
A. 1 do not romcuibor to have seen any one.
tj. There were plenty of people riding up and
down and on the sidewalk, were there not? A.
\<\i, sir; but 1 do not remember to have noticed
any one that 1 knew.
Q. Lo jou remember whether you went up those
stairs fast or mow? A. The usual way 1 always go
y. linn up ? A. No, sir; I walked np.
(]. You remember tuat Y A. 1 can't say tlint T remember
anything particular about it: l reuiemlxol
going up lu my usual way; 1 know 1 did not run.
"THAT r.AI>Y."
Q. Have you ever seen that lady slnco that day
thai yon thought you recognized at the wuido?v i
A. No, sir.
Q. bo you know who she was ? A. Mr. Balloy told
mo tin li.nl nil i Inn tlnif. shn umm?
i(. Never mind thai?of your own knowledge t
A. 1 cannot en; that 1 have any knowledge who the
q. J)o you know If It wa* anybody connected witBf
I lie hotel ? A. 1 dispose it was; she had no thing*
i^. Did she look like a guest of tUa hotel f A.
Yes, sir, I should think she was a guest of the hotel |
I Uo not know.
Q. llavo you asked who sho was ? A. I cannot
say that. 1 have.
6. Have you had any Information on the subject f
A. No iuore than what I jot from Mr. italley.
Q. Do you remember when you came to the head
of the stairs seeing anybody around the head of
the stairs or In the pallors ? A. I recollect a good
many persons being in the hallway us you go acrom
to the dining room.
y. Hut where I have stated? A. No sir; there
was nobody In the parlors, except In the private
parlor 207; there was a party standing there.
L). Who was that? A. I recognized him as the
Frenchman who testified here.
Q. Did you see Mr. Hill? A. I recollect seeing
him after the shooting; not before.
Q. Hut yon do not remember having Identified
anybody elao as having been there before the shooting?
A. There Were several there; I cannot say
y. When yon turned that angle, and turned the
head of I he stairs, and began to descend, before
the h. hooting, did you observe anybody on the stairs
or on tho stepladder? A. 1 do not recollect seeing
MID SI CIMUMUCi U3 ? "US B"'"J ? Kin >
coining up.
Q. Dili you observe anybody on the BtalrsT A.
Nobody on tlie stairs leading to the llrst platform.
y. Anybody below f A. I tUiuk. there was; I
jiufge so?Afterwards.
q. But did you see any one on tho stairs from tho
top to Hi'.' bottom r A. 1 did not, that I can recollect:
I <1Id not pay auy particular attention.
q. \ on said you thought Redmond was on tho
stairs at tlie time of the tlrstsiiotf A. I think ho
wu4 between tlie first ami second door; I do not
recollect the boy tliat described me us leaning on
the banisters.
Q. When wan the lirst glimpse of Flak yon got
coming through the door V A. 1 saw him coming
from the Inside door on tills Ride; lie came up tho
tlrst six steps, and it was tlie last door he vh
coming through.
Von did not look back to sen what was going
on r A. No, sir; I was looking at lilui when he
made a Jump.
<). Vou do not know whether there wns any on#
at the h ad of the stairs then? A. No, sir; 1 know
tln-y were not there when I went dowu.
Q. Hud you beou on thoao stairs beforo f A. 1
had never been on the second lloor of tho Qrand
Central Hotel In my life before.
q. Whs any word spoken by Klsk T A. No, sir.
Q. Was there by you I A. 1 said to him, "Do not
! Are;" he pulled out a tiistol; 1 crlod that aloud.
i>. Did he have an opera Cloak V A. A cloak <*ltl?
red lining; pulling his aim hack I saw that, !<? had
n coat with capes to it ll/ied with red.
q. How long was itj as near as you cati remember,
from the tUiie. you saw Flak uuml.-.u tiuwuiito

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