New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-09

FrCm tfn0T
shines you viii CT course rue - you DID hs morning
in the Of Soodsrsse but you hold tbs. Tie paper
before YOU : also based the ides o. besets being
in phcsied IN The crime, shall bs ready. recsssfy
70 argue upon the poser OF De Coroner
Judge Brsdy-l shall held according 70 The la-'ef
'ugp..I;i::n, Of xb,, NAV b. called
Judse Brady-I suppose 4 should be considered Sc
A comm itrent for mplicty in the crime OF murder
NJ Chnton-I vi.h Il 20 be distinctly understood BY
your honor as stated ihis morning ihS dd no. "sn
Mr.. Eokers discharge on any tecnuicaity ~ sN or
inforrnal;y in the proceedings aI that d eerre
and the only object Of bringing hun here on hsosss
corpus hss been thst biz e1s pos N may % Den Cd
but u il commitment s worse than the iJ'Iner one Il
SETS forth that be witness. snd detained a. wilt
pes contend that the Coroner hiss no power 20 con-
NIT him a. srcb, indeed on charge OF msh-
ssus liter murder, except upon toe rendi,lon OF
yercot 70 that effect. For the reason that the CORONER
has not stated definitely in the return upon WAX
grouu nay client is detained have no douot "na'-
ever that the ruling OF honor thls morning.
Mr. Ecke il entitled 70 he discharge be was taSR eol,
Ted 10 H. bu, rsher than thst be should o. discharged
on mere technic shty-rather than hA M. Ecker
shoud BE- di charged through the ounders OF stupd
oifcial-I would send the return back with re-
quest 70 make one Of q more specih. CHAR acter-
II Re i charged with high cuma | desire 20
have il specifically stated. wish 70 know whether be
retains Mr. Eckel "a witness or defendant we
wish 70 meet the issue boldly as Ee are, OF
tie fral result being in my clients favor. BE assured
that We do not wish bin 20 escape through the stupid
y tmptible ignorance and osgaceful olanoetns
OF this Cfcer who hss given us an )ther written PROOF
of HE stupidity a. if were not PLAIN enough oeore'
Ipoud therefore ak that you adj )urn this Court oT
Az hour or an hour and A for the Coroner 70 make
out another commitment, with directions from your
Honor ha, be longer 20 trihe With thus Cont ou'
nust specify ditincty whether he retains tckel as
witness or a. a party implicated IN the murder II "a
nt or 10 a. ate 70 y6ur Honor hs; the Coroner pisces
The commitment either upon one ground or the other
shs object 10 IT, or in tact 20 sny other pspef Coro
Ok ouFat no rlFas
nroc.edrgi before him: but If the District Attorney.
IN the discharge Of his duties thinks that Mr. EcAel
should be put on trial, wish TO have this MISTER put
n more legal shape, 40 that the detendsnt may DC
PREPARED 10 meet the charge.
Judge Brsdy-There csn be no doubt but that Mr.
Eckel az wnees Is entitled - his discharge bu' A.
regards any alleged completely IN the murder OF Dr.
Burden be must be held TO answer.
Mr. Clinton-I do not how your Honor can do
this The .tatute does give the Coroner authority
10 Arrest except by virtue Of verdict rendered by his
Jury. The Coroner has no poFer 70 do II before
Where a party il merely suspected OF having COM
mi;ted a crime il is proper that magistrate should
issue the warrant for his arrest. have been sssured
nv o. sonal experie nee in this department of law that
has been the universal practice WIN the oorohefs 70
sppy 10 some msgstia'e 20 cause the arrest OF sus
ptcted parties and commit them 10 await the result OF
Cororers pquisition, they have no power to com
mi, the suspected parties themselves
Judge Brady-l think Il has always been conceded
that they have the power.
MIR Ciinton-The statute says that unless the SUE
ptcted party in prison when the verdict brouShs
in then he NAV be committed by the Coroner, that
the frst commitment must be supposed 10 be regular
one BY mag stra,e police jGstice. IL involves the
idea that be has 10 power except given him by the
statute and he has Judicial power except such as Il
corers therefore think that your Honor must rule
that the prosecution shall be driven 10 take one horn or
the other Of the die NINA trust that your Honor VIII
compel them 10 make specific charge.
Judge Bady-Any citizen has the authority TO arrest
patty suspected Of having committed crime, being
Al the same time responsible for his acts Ii the Tedrn
to writ specifies several charges, for detention II was
proper 10 remand them the most important one
assigned | feel very much disposed 70 favor the
Coroner in bis present investigation and although do
not find any express authority 10 the statutes do be-
leve in the fundamental principle that he has the
authority.
| Mr.. Clin,on-The Coroner msy have the righ. q
citizen 10 an est party suspected out not a coroner
nevertheless If your Honor rules II. am perfectly
| wiling that Eckel should be held a. defendant
| Judge Brsdy-lle can only be held as hayinS CON-
| plicity in the murder of DIR. Burden.
Mr. Clinton-That places him in the position OF de-
PENDANT. II ii puts blm Ia the shape OF defendant
| I'm quite content. satisfied b.casse sh all then
| sct toward bin a. party charged with crime, and
sdvise with him 81 bis counsel
| Judge Brady now cay | have before stated,
that the Coroner has power TO de ain him a. wit
| ness but may detain him party implicated in the
murder Of Dr. BurdeD, and that your relation u him
| must be that of counsel 10 a defendant charged with
rine. This is than his constitution, Al right
Mr.. Clipton-I should have been quite willing IA Al
Mr. Ecke shoud be re.eIamned before the Coroner a.
| ny length, but now he Is defendant avail myself
bis ]. gal privileges that be may not be subjected TO
| ny further examination. Ny clients have been held
now for the pact week without knowing what course
the Coroner ntencs 10 pursue and wish here Ia state
that will Dot allow client of mine who Is chsrged
with be nous crime be placed on the stand q wit
ness IL " contrary TO the theory of aS il ntrsry
10 the spirit of Institutions make this eXpla1a
ton that my should b. misunderstood, it
may be known that II Is the work of the council and
DOT OF 10y client and shy prejudice arises from it,
Acne reponsble VII your Honor direct the
Clerk draw order of commitment for Mr.. skel,
aiming a clause authorizing 10 con.ut With him
upon the principles agreed upon
District Aitorney-Ihis Is not court, 80 That his
II nor will have 20 draw the papes himself Where
upon
Judge Brady signed the wing order:
ORDER ~ HE CASE or ECKEL.
Before the Hon JoHs BEADT, IL t matter Of John y
Upon return Of the OF corpus allowed By
this m4tte hearing sad John Eck-l
AID A o.ic{ Ha - DI'te ATTORNEY iS' the people.
,ody ib7 Warden Of the Cy Prison uPon the ground solely
6-1s BE-, on 'a.Pioa As parry imPsAea ~ causing Toe
thence lot = De d5ssd sHsseP By due Pioes.. Of T
District Attorney Your Honors RUE will also apply
IN u e care Of Mrs. Cunningham, IN which the COro-
pers return reads as follows:
TIE RETUEE TIE CAsE OF MRS CCSsISGHAN.
within wit Of hAbeas corpus By giyed,
the Augusta 6urcen Otherwise called En Al
49, - ~ IN. prp.tr.or ~ Or e.ppec,e. si.b IN rIr.
Ger Harvey BateAi al 10 81 Bod stree ~ the City II
New York day Januly last let dag Of fssl
az aid In Augusta Cunningham being "a Of
sueh boa5dLng house and said drcs4sed being
,LA house a. ~ tiHe u the murder ard complain,
All information u ,sd murder having been sde
Aea Va. and 49, .a e ssis.. - ..e .ty Of Ns% tSt
pro,evs,-- summoned IGrJ inquest ding aud
80 ny al t-Ii - examine Aer todAy " on N u
O. 49, ine's. st being material Ind being
deemed portt eIline Hef Hef Tie testimony Il other
D..sd fs5. !, lss7 EDWARD D. coNSERY.