Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-05-14


ofcvidence ON our side. But vet this defepd-
ant did not mean to be acquitted on any TECH |
nical rules; she did not mean to be acquitted
on any such thing, or to give any one the
chance--her enemies, her unseen enemies, the
assassin who perpetrated this act-to say that
she was acquitted because the crime was not
proved against her. We took the affirmative
here. We accepted the gauntlet thrown down
by the district attorney in his case. He ASKED
us TO prove we did not do this crime, and we
proved it. 1t is proper for me to say that one
leading fact, which was very much discussed
Ia the public papers and private conversation,
isadmitted to be pIoSen by the prosecution, and
is not contradicted 10y the testimony Of single
witness, namely, that the prisoner was the law
full wife Of DR.. Burdell.
Judge Dean tn n proceeded to review the
evidence at length. He spoke for two hours,
and concluded as follows:
l call upon you, sir, judge and fither, a
son, before You were Il father, and father be-
fore you were judge, to uphold the Judicial
ermine by instructing this Jury to acquit the
prisoner. And you, gentlemen Of the jury,
for the sake Of these daughters, whose tlliAl
affection you have witnessed, to take up the
voice Of the people and say not only she is moi
guilty, but that she is entirely innOcenti and al
though the populace may take her back to her
living tomb, yet you owe 1t to her and the
NNmLAuhlb9 ~ utIull uGI MllIlOul lGutlHS Jul
seats.
Mr.. Hall, tho prosecuting attorney, followed
for tho prosecution, and reviewed the whole
testimony in close and critical manner. and
declared the prisoner guilty OF the murder.-
We quote the following point Of his argumet;
There is nobody who knows where he spent
that night, and it was but fair to the honorable
gentleman who bore the burden of the defense,
as well us to tho prosecution, to believe b 5
u haF "a al .ls
was up there; she told Hannah, the cook, to
so to bed, as it WAS near 10 O'Clock, she toll
Snodgrass the hour; she told the daughters
the no II +; she told the bows hour, and the in
ference is that sh0 caused that clio k to be Sci
to one hour earlier that night. The doctor
generally came in abont ten o'clock all were
in bedi Eckel to his room, Snodgrass to his,
the little boys, the little girls then in bed, all
were out Of the way when the victim came III;
he took his shoes and folded his shawl and put
down his cap.
None, then, but this woman could have
come in without exciting remark; or perhals
she opened the door which no perhaps had
carefully locked, and throwing the handker-
chiefoyer the Adams apple dragged him back
with the right hand, while the stab was intict
| cd with the left; and the strong man would
| have the purchase of his arm, but it was the
weak hand of woman there, and he ran to the
glazing on him, and the carving knife plunged
in his neck; she was as tall us Judge Dean,
who was as tall as DR.. Burdelli and even
shorter woman than she is could have in
icted this blow. He (the District Attorney
when he first saw it said it was a leit-handed
blows DR.. Francis first thought SO, DR.. Wood
ward said so and Dir. Uhl did not commit him
self; but spite of all physicians have said,
there was the situation Of the door and the Jet
of blood TIM tplI1 m Ian la, al IN md
ing like stag at bay, the lct-handed blow
was struck inside
Mr.. Hall spoke for 81 hours, and at O'Clock
| in the ternoon was followed by Mr.. Clinton
for the defense. and was succeeded by Attor-
ney General Gushing for the prosecution
The judge charged the jury when the case
was submitted.
The jury retired precisely at O'Clock.
At twenty-five minutes to O'Clock the Jury
| entered and took their seats in the box. The
Clerk (Mr. Henry Vundervoort) took his posi-
ton in the witness chair, 10 call over the
names of tn Jurors and to put the rsuG! formal
questions to them.
AS precaution against probable manifes-
tltion offeelng on the rendition of the YER
diet, the folding doors between the principle
curt and the Marine Court were drawn to.
gether, and the immense audience in the latter
Court thus shut out from witnessing the last
deeply exciting scene.
The usu Il forms being gone through, the
jury returned a verdict o.; not guilty.
| (Some In iniiestatiuns of applluse.)
Mrs. Cunningham was so ngtated that she
| heard not the words that the foreman uttered
and did not know what the verdict was till her
counsel whispered it to hers then sho sunk
back oycrpow, red by her feelings.
Mrs. Cunningham and her daughters were
then condrrted out OF Court into one of the
Judges chambers. and there for, some timo rY-
ceived the congratulations Of their friends on
the happy termination OF the prosecution. We
understand that they returned to the fatal
house in Bond street.
The verdict seemed to afford very general
satisfaction. Judge Davies privately express
cd himself pleased with it.
Judge Davies Ito the Jurors -Gcntlemen of
the jury, you are discharged from further al
tendance. regretted to have to impose SO
heavy task upon you, hut | think you are all
satisfied that the Court did its duty iu that re-
| spect.
The jurors then retired, each shat ng hands
with and complmenting the Judge, and the
Judge reciprocating the compliment.
MIR. Eckel's counsel then addressed the
Court in favor ofa motion to discharge him ON
bail for the following rcaSnns:-
Thewh0lo Of the pro ecutiun' theory against
Mr. Ecke, nnder which he has been Indicted
and estralned Of his liberty for three months
has been that he, as the paramour of the pris-
oner just discharged, aided and participated in
the commission Of the murder. In otherwords
that he was kind OF principal in the second
degree, or, at all events, had some knowledge
which might render him amenable as accessory
before the fact. Nov whatever his relations
to the crime were, il lie had any relations 10 it
at all, it is evident that he did not occupy, I'm.
der the theory of the prosecution disposed of
by tbs present verdict, the relation of Il prinei-
pal in the first degree, because the prs0nrrwho
has Just been discharged has been indicted as
the sole actor in the commission of the muir
der.
Now, under these circumstances, submit to
this Court, and ask of its humanity, as well
as out of justice to the prisoner, to ma Q an or.
der that, until the time to which this Court
adjourns, the Court order the prisoner to be
discharged on his own recogni2 lncc. [ do not
know that the District Attorney will make ANY
opposition.
The District Attorney was not disposed to
oppose til. motion. He moved, however, to
have the case referred to the Court Of Ses-
SiOns.
Counsel for MIR. Eckol appealed to tho Dis.
trct Attorney not 10 press that motion till he
should have an opportunity of consulting lis
associate counsel.
Mr., Hall did not press his motion.
Judge Davies, Ito counsel)-What is the
amount of Mr.. Eckel's property
Counsel (aiter whisper trom lis clent)-
From ten thousand to fifteen thousand dollars.
| understand.
Judge Davies Would five thousand dollars
bail BIZ adequate
The District Attorney-Ample.
Judge DIvies-(ro the rS)-Take Mr.
Eckel $ recognislnce in five thous md dollars
The re-cognizAnce was taken, and Mr.. EZEKIEL
was discharged from custody.
Perry PRoscRtPrIoN Pnstm aster Cen
eral, Aaron " Brown, is INDUCING in tho pot
test and most Gisrespectiul sort Of proscrip-
tlon in Tennessee. The Knoxville Wig
says:
"Well, Aaron is doing real Loco Foco SER
vice in Knox county, and no mistake! He