The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-15


dsrsN"n; and you win draw yosr own cOncluaons from
the facts appearing In evidenos. II. gsstsnsn, you
Ounnlnsham nos with DR.. Burde and also was not
with EOAs but with some other person. then, although
~ % s would s
tirey removed The evidence respects Mr. an0dSrass
IL weaker than that against Ecxe and Mrs Cunningham
TO him, although 10 apparent that he possessed the
means and opportunity OF perpetrang the CRIME thers
"a proof Of any motive similar 70 those which give
wight 10 tho case against Eckel and Mrs Cunningham
Stnl however, I must call your attention 70 tho evi
denoe Affects 6nodgrass. He appears 10 have been
on terms OF intimacy with Mrs.. cunningham and he
daughters. He was In the house on the night Of tae
murder You win say whether the murder could have becn
committed by one person'sione. ycu are sass
commission of the murder, and exclude Ms Cunning
ham daughters and and the female servant from
YOU can safely oomo to tho conclusion that snodgrass
was . party aiding Eckel In tho bloody tragedy.
must tell you that party e not 70 DO i%paesssa asd
evidence that The case one OF more than suspic'On
by your verdict committed aiding and sbesting In
tho crime. Considering she great atteouon which you
has been .dauosd has win great accuracy the
public papers, shAll not the evidence In dea
but win place ID your bands when you retire oopS Of
gentlemen. shall bo blamed for taking this course be
predicted in one OF the papers Of Thursday
lTne coroner, while the reporters were copying
his manuscript, stated that he had particular rea-
son tor i.icis'nG these word, .u the re.ai's VS.
case, and a. that prediction viii not DO verified,
shall await with calm resignation, tho fai.iAoe
tiiou OF the prediction referred ~. do not shrink
from the task Of going over the evidence In detail from
any desire to myself tho trouble but consider that
ferred to by you on your reremsnt Considering your
attention TO the case, has progresaed consdertng
that this mol the sSuns! 70 before which s the gun to- or
dence side, and that there il mot conflict Of
testimony to be sfted and weighed by the presiding
IxAa fnr fkA oa,iAA ~ tka
a % trial Of Of an Indictment. think the ends Of
Justice will be best promoted by the adoption
to take namely 10 tve you the general effect Of the ov
dence and the conclusions 10 be drawn from leaving 70
you to refer to IN ss,. yos should deem n neos:s.ry
Of such vsst portsnoe ,ha. feel ought 70 mako few
observations on II the testimony Of the witness
Farrell which taken the 10th inst. Gentlemen,
II u, a. you aware the peculiar province Of ths
jury to decide the degree Of weight they should
them, They have the advantage Of those outside the
court OF seoins the manner and demeanor OF the wit
n: s ss s'cs my tho e' ~
must be ssssned that he the wttncss Of
TRUTH and forward 10 speak Of facts Of which
he ooepizsnt and not 10 relate tale tho product Of
his own invention Tho impression made my mind ut
the tme WAS and still rcmsns that the witness whose
he came before ~ and testified to facts occurrences
within his own knowledge; and If the Same impression
viii ssS sourseVe, ,SsCond the w,nsss Nave BEEN
mistsken-had he the means and opportunity OF seeing
that the person who came down In his shirt sleeves
10 presume MAS DR.. Burdell entered the house
was EckcLS II you believe that the witness In
question was the witness OF the truth, and was not
MISTAKEN in his ind dentinca.isu OF Eckei, We have
these facts establhed: That within two minutes Gter
- Of s Sst sucS CRY VA.
sufficiently loud 70 be heard outsde the house that in
another minute or 30 oil IN silence; and Ecke then ap
pears d She front door, and there on the side
post OF that door stamps with his loft hand wet
with the blood OF his victim, full proof OF his gun
DO. lively say bu, may be lnsrred--and think the
inference . natural one-nndins that his Victim was
%sy s.ps b. sSns
vrntured The ssssfy himself haa thny had net
ee.n b.srd thereby iarni.nae the si,Snf' possible
murderer Of Ihe murdersrs more than one WAS
engaged In this horrd tragedy, Thus gentlemen, oy
what man terms accident bat which may be more ntly
imed the Just and wise nie exposition Of that Being who
guides and governs All, and from whom no secrets
hidden, was the witness Farrell the very spot
at the needed moment and there made by the
dsief himself . witness Of bis guilt Tnc evidence OF
clear Sp 'no'ner ~ or % ,ss
proved that there blood on the stair case and
pspsase OF the rs floor showing that the nurderer came
aars and these appearances OF blood suggest the
theory that the murderer len the hose, and II That
no inmate OF the house was implicated. The appear.
Of Eckei nj the front door ~ once removes the
dcuIsy and furnishes corrobatve proof OF the OF
the hypothesis that the murder was not the work OF any
one concealed In the house. or VINO entered ater Dr. Bur
dell.
Geutlemen you will recoliec the took 10 test
this wtpesss accuracy or OF MS yeeAc'y nsa no aouot
ihsa Eckel sent Tor ana placed prom scousy Amoogn
about thrty otner persons AND Nnnout tne witness
knowing tnat Eckel wo In tne room, Desired aim 70
look around and he could po'n. on, tho mao who
came 10 the door when no WAS on the steps ana from tnc
thirty persons he picked out Eckel the man, ne
noI that the person he had selected was Ecko
Until nfor med by mo on bis return to this room IL you
can place full reance on me testimony OF and arc
satisfied that he has besn under no mistake In his dent
ncauon OF Ecbe, then the prenumptonsd OF DIS gum
for your consideration are three fold as 'teo 10 iofmcr
part OF my address.
1st Had pc me means ana opportunity oi psrpcusing
the crimet
I'd. Had he motive 10 commit ~
3D.. Did he use means and pr'cAutors 10 avoid suspt
con or Inquiry
you answer these questions the afirmntve, then,
gentlemen, the case as tEanst kckel, one OF perous,
crushing weight The evidence OF Farreif mas also
bearing The case ~ aFanit the osbef nmsses OF the
house. for the cries spoken Of oy Farrell were such ~
70 be heard by him outside the house can you eopceive
u to be within the raDre Of probsbly nn the ascend
ng sounds did net reach The ears OF those 10 the rooms
Immediately abovef
Gentlemen, snh you 10 understand the I'v sppn'
cable 10 this branch OF the case usnocsrs, Mrs Gun
wrs nd Hnr Aaug ~ nd n