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Show Stokes' attorneys still fight thoir ground stop by step io desperate endeavors en-deavors to prevent the execution of tho sentoneo of death. Last Thursday the Supremo Court denied a . motion for a now trial, judges Fanober and Brady delivering lengthy opinions concurring con-curring that the point upon which a now trial was demanded was but a quibble This point was a paragraph in tho charge to tho jury which tho judge instructed that as the fact of the killing was conceded it became the duty of tho prisoner to satisfy tho jury that it was not murder which tho law woula imply uadcr tho circumstances, and that unless the prisoner so proved tho prosecution had fully made out their caae. Tho quibblo was that tho law of New York requires the prosecution prose-cution to prove, not only the killing but the intent to kill, before its case is made out and that the judgo failed to bo charge in this section although he covered the ground afterward. Upon this argument the Supremo Court yes-torday yes-torday granted a writ of error, providing provid-ing that Stokes' counsel should take the caso at onoo to the court of appeals ap-peals now in session. It was expeoted in New irork that Stokes would be re sentenced last week, but ho has escaped es-caped this for a short time by scouring tho writ just granted. Still his day of respite is growing short and the efforts to stave o'Y the death penalty aro well jrgh exhausted. Tho humor of the people of New York sustained by Gov. DLx is sternly against any relcaso of murderers and it does not now appear that Stokos oan secure a commutation of his original sentenco of death. But il dying men catch at'straws " and no wisp is lot pass in this case. |
