The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-08
The Greenwich Street Murder.
COURT OF OYER AND TERMINER.
Before Hon. Judge Edwards and Aid. Sturtevant


1N'0aS H"A. ooNso 80" <AA" osoAs0'sn SAA~
LErTEes CASE
April IAN order issucd TO Coroner Hilton yes
terday, TO show why he should not deliver up 10
the District Attorney certain letters in his possession
Mr. s.nsey, counsel on behalf Of Mrs Melville, pro.
tested against the production of those papers, being
her private property and irrelevant to the case.
Mr. Hilton (coronor) said that on taking possession Of
the papers, be read them and found that thoy had
bearing the He called by Mrs. Mevilles
counsel not to give them up to the District Attorney and
return them to the parties entitled to them
Mr.. Jas. Brady, who Is leading counsel in the de.
fence asked the Coroner any Of the letters had refer
The Coroner replied in the negative but said that in
one letter. which he willing to give up there
the South to Mrs Melville before she was married.
Mr.. Brady asked the District Attorney by what autho
ity the letters Of lady in very delicate state Of
health had been taken cut Of her room without any
warrant He Mr.. B., could not discover any law autho-
rizns the taking away Of papers even belonsng to q
party charged with the highest crime He commended,
at length that the Distrc. Attorney had right
to interfere with the Coroner and it might lead 10 very
bad consequences if the prosecuting OH allowed
counsel If, for instance he Mr. was charged with
a murder in Broadway, whore the law authorizing
whole life before the community He submitted that he
would DO justified in repsng the search death.
psn sss hs TN.
trial He had former OCCASION thank Coroner Hilton
for his official duties, and he Was at loss to know
why there should be apparent colison between him
self and the Coroner The District Attorney then refer
red TO whatou's Criminal Law, p. sl5 P. al7. 1885, and
the applicability Of the letters In this case he (the Dis
tric Attorney could imagine of this pton-
that an individual in broad daylight might shoot snc-
other 1t would appear at first blush that it done ~
mailman; the next inquiry would be- there any in
prosecuting officer proceeds step by step; he finds the
deceased had a wife; he finds the man who shot the
material for the inquiry to ASCERTAIN the Of the
female and wheAer she may or may not have prompted
fered to other authorities to show how far
sary TO be possessed OF such evidence would not only
establish the for the prosecution but rebut evidence
Suppose the widow Of the deceased was called to the
stand to excupats the prisoner would it not be
say that the prosecution ahoud show completely by the
production of those letersf He aware any law
that made the Coroner the custodian
that which is found on the deceased the Coroner should
Of any law that made the Coroner the custodian
documents pertaining 10 the trial Of the They
should be deposited in the archives Of the court having
Mr. Brady replied, contending tina. there was no EVIL
the trial Of De Corn against the character Of Mrs
Melville; but he would assert that such attempt
made it would prove innoouous any attempt
upon the fair fame and reputation OF any other spoess
woman Mr. Brady referred TO Rev Stat 270 and Sec 49,
to the power Of the Court and eontended that they
'or s IN IN. iSG amy ,Ss n ss TO
papers After further remarks the learned coun
sci referred 70 Roseoes Grim. Ey, p 7s 9th Howards
The District Attorney had read the letters and upon
his responsibility he declared that the prod ucton of
them highly important 70 the prosecution Of this
II they not produced, and the prosecution
failed let the responsibility fall him who deserves il.
have done all that could do, and my "wthers viii be
nBwrung.'
The Judge inquired IL these letters had been read at
the inquest and the Coroner replied that they had
Tie Court, after few preliminary remarks the
duties Of and magistrates said that the Coroner
is required TO return al reeognsnces and examinations
taken before him. to the Court Of Oyer and Termner.
The question then is snnply these letsrs part Of
the examination, That is the the Court asked
the Coroner II they had been read at the examination
The Coroner says not The Court have netting 10 do
with the relevancy Of the letters In the and to
the bad effects the production OF the letters may
have the prosecution, the Court has power TO
interfere why, ii cannot do The Court therefore,
simply cay they have power to interfere in this
HABEAs CORPUS.
Louis Steamer and An tome Huval the two witnesses
in the Of lie Corn, were brought up h1be1s
corpus II appears that they committed wit
nessos without any rule Of bail being placed them
Tho comnittal being good for nothing, the District
Attorney moved that they be bound over 20 appear
witnesses nittsd FOR want o! bafthe principal
one, Steamer, being under age.
Mr.. Brady submitted that the Coroner having failed to
bind them in reccgnizance this court had no, the
power to do so.
The court adjourned till Friday morning, Ieerving Its
decision the matter till then.