New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-10


9, He .is dressed yey neatly. A. Yes, S..
he pitDess heIe retired
Hs,s n,ono~d here 10 have s REESE ba. after some
.sr.,lx.n i, vac decided has ts're shcui % uoue
An C.4;eer-Nr ConOper, here is : lrster which las
beer i..: banded n 8: he deer giving u. le,ter.
ne cen;I G'soe :. he sspsiHs;s rs b. hsys
H.. ClinicDl give il 70 BIN.
M Clinton iosk the Iet:er.
he Cor,ne:-Ofhcer, bring Eckel into the room
IL Compliance with The Coroner 9 FsSnes- ecSei ras
hmm, h, 70 The witness stspd where be took BIS seat
He spp<red calm, though when be first entered TIE
room Be little huTrled by being g.zsd 81 oy me
spt ciaiors.
The c roner addressing Eckell-lou are called
down for examination. l must tell you a. Coroner
tha. ,he sg leaves in your power either 20 reply 20
questions which or the Judge, or anybody else Pue
Hr Eckel here drew paper from his pocket, and
was about TO hand to the Coroner when Judge
Wheeler be L. &C ,ordirg to my view OF the law 70
be prott cied from spswerDg, OF no o De prosected
deper ds Up the relation which he holds % tb. invest
i sop. II be is here IS suspected party OF course
be will have n rights OF an accused party; but be
ia brought before TIL Juiy witness then he only
has the rights which witness il entitled to, and which
are cferert fir those 10 which party il eotitled.
party is lot bound 70 any question whatever,
whether il will affect him or will not affect him. He
has right 10 stand niue. Blu; not - with witness.
Whether he may refuse to answer aspssaon WI ;nou'
self 10 Imprisonment for such contempt depends
wh,ther he can that question without mpeach-
ing himself if be cannot answer. IL question Is pat
pbich will tend to convic; him of crime, then he has
r.ht 10 refuse TO answer but ii he can answer any
QUE ston put 10 him without that conseq lence fol
loving, then he has no right 70 refuse 10 aus ger
AID If he does refuse be is liable TO be pun
,hed as for contempt. Now l would AK tue
Ccrcrer, therefore, whether he has called NJ Eckel
b, fore him sn as ed party or q witness The re
turn ssys you hold hum in bOh capacities, o. a ma.
teris witness and aso as implicated IN the crime and
you csn call bin here in either capacity
TIE Coroner-I call him here as 8 witness
Mr. Clinton That part Of the return is regarded as
sur1usage.
Judge Csprop-The Court cannot control the Coro-
mr. in any spect in regard 70 the disc lsge Of his du
tics The Court writ of hsbeSs corpus can either
remand discharge prisoner but the Court hss no
right in his order to state the around which he does
either sc'-apd, having done that, he exceeded bus
power When that patty comes back before the { pro
per be comes bs'k the ,sme rs II be hal mover been
brought before the Judge to be examined II "a sit
nes 20 stand mute Il he chooses 10 do 20, It be
party The Only difference between the two rel ttions
lie party hods 10 The Court in this tribunal Is that
which have stattd II the accused party stands in
that connection be has the right TO refuse - cav any
Il pg snd .tand mute and call upon the people to
sustain him; but if be is called witness, it is for
him 10 cay whether he can answer the question without
impes1 hing himself
~ Clinton I suggest that there is nothing before
tte Court | cspnot take any part in the proceedings
Judge Capron-I have made there remarks as ad.
yisir the Corr who called me for that purpose.
THU they are strictly within the limits of my position.
He is the witness, and you are to investigate the
subject.
The Cororer-Genilemen, l need say nothing fur
tier on the sub &C. than that / put in my return
statemen; tina, Mr.. Eckel held an Important
witpess and as being connected with the crime |
Say now that have him here to nil one capacity, that
OF q witness.
Judge Capron-To Mr.. Ecke L will now ask you
few qut stons in relation 70 the MISTER.
Several pt rsops among the spectators here called out
loudly: Let him be sworn,' Swear him.
Mr. Clinton-He has been sworn already.
Judge Cspron-I will now ask you, MIR. Eckel, when
you last saw DIR. Bu,cel before his death
Mr. Eekel banding a paper to the Coron9)-That
contains all have To say, Sr.
Mr. Clinton-Wnl he c, roner read that paper
The Corontr-rhe Coroner will do bis duty
The Corr ner aaer reading the paper)-Gentlemen OF
TIE Jury the letter put into my hancs reads as fol
My positicn in this case for the purpose OF the nves
tigsiion pending before the Coroner and his Jury
was Cd Saturday jLocisy determined 20 be that OF
DEF. dant charged with the horrible crime of murder
of which God knows am innocent. shall, therefore,
BY advice of my council decline to answer all ques
tions. Whatever may have 10 say will be reserved
for another and u ore appropriate occa.on
Judge Capron-Thst paper states that the Court
and by the Court l suppose he means the judge IN
Chambers believe, Mr.. Clinton, that II wasap pro-
ceeding in Chambers, was IT not
Mr.. ClintoI-I am not taking any part in these pro
ceediIgs.
Judee Cspron-IIe states that becsuse the Judge has
decided that be lie placed in the relation Of suspected
paI ~ here therefore he "a lie does not say ID Al
be regards timef so at all. Now, IL strikes me that
be IL bound TO that question, 10 state Why he
GOES not answer He s called here as witness. Sup
pose that the Judge should decide that every witness
called stood suspected party the Coroner could not
then examine. According 10 that the Jadge could
trely shut down all investigation into any mater.
Mr. Clinton-U CIDER no circumstances shat argue
; hat ton n IN hos
JuOge Cspon--It ia question in which the Coroner
must exercise bis own Judgment Ny own is that ne
has right 10 ask the question and 10 have answered
and the point whether be Will proceed 70 eItrcmites
not 10 which is left 10 hs discretion qles-
ton of public policy That is ma, er in which shall
not uIdsriake 20 advise because il reefs solely with
him. But il strikes me you Mr.. Cinton) will zee,
| undei,tMd il, m talking to you a. II we're private
ly on The subject.
Mr. Chniop-Psivatsly before the public you mean.
Judge Cspon-I read those orders this ,rniDg.
The petition Is that the party be set s liberty The
return states that they were held ss witnesses and
parties implicated In the murder, and the Jadge de-
cided that be renamed them The ground that they
were implicated. lie did not say that they held 10
this proceeding only the position OF implcsed parties
but be as Judge, very correctly and very properly a.
were mpbcaed. He did not gay they could not bs
subpenaed hero and used as Q witness, n1twhstani-
ing be remanded them on the ground Of being
ptcted parties but be decided discharge parties
who had been held az Witnesses only, aod he did dis
obsrge the two Misses Cunningham and Mr. Slodgrass
on The ground that they only held Witnesses
do rot sgr,e with Judge Brady On that natter; but
only Say 10 you now that the Judge has Rot decided
that THE party holds only the position OF suspected
patty, bat he has -imply sai that he remand- them be
cause the return says tha, be is held suspected
panty. In saying that he may also be witness. That
ny understanding of that return and Of the orders
Mr.. Clinton-As I SAID before, I ,hall not 90 in'o
any discussion; bat, Individual il you want to
know hat was done, will supply yOa With copy Of