New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-17
THE BOND STREET MURDER.
THE CASE BEFORE THE GRAND JURY.
OF RECORDER SMITH.
The Prisoners before the Coroner.
SINGULAR REPLY OF sNODGRASs.

The Grand Jury being about to enter upon the in
vtsteaion Of the fects connected with the murder of
Dr. BuIden, Recorder Smith delivered to them the fol-
lowing charge yesterday in the Cour. of General SEES
sions:
GENTLEMEN OF The JCRY | was informed this
morning By the Public Prosecutor that the against
Eckel, Mu Cunningham and Suodgass would be pre-
sen,ed for your consideration to-day That case has
occupied great 6eal Of public attention for the last
few days and probablythere very few individuals
in The community who have not expressed, and per
hspe formed some opinion with regard to it. When
question Ia presented to Grand Inquest under such
circumstances, it is very proper indeed that that
question: presented under such excitement, should be
scrutinized with the greatest possible care. The
charge ing ore 30 heinous in ito nature one which,
if an indictment be found whether conviction should
or should not follow, which viii be the means of
destroying, so far az this life il concerned, the
prospects of the parties involved naictrg also misery
and wretchedness on Others whe are innocent Of It
in ,ome respect and stu others who entirely de-
pendent on them. Bot still however serious the coz
equeDces no mater what the results that follow the
duty Of the and inquest is very plain. They are to
examine into the facts which presented, and Is
their conscience dictates according to the oath, which
vction il is their duty to act There has been much
testimony given in this which is entirely irrelevant,
and of the otects in my addressing YOU upon this
subject at all liz for the purpose OF savng you time, and
Of calling your attention TO such portions OF the case
and such facts in the only will be necessary for
you to act upon without going through this Of
testimony some of it having very indirect bearing
and some of il having bearing at all on the question
=
for you TO inquire into is the question of move-fG
without that crime is never committed. And 10 case
of murder, 50 important is il that the very first inquiry
which is presented to the consideration Of toe
jury is "What is the motive which induced the act p
There will be question here as TO the fact that
murder has been committed then you sill inquire who
are the parties, or rather # those parties charged BY
the Coroners Jury be the parties for your duties
different from those which devolvs upon C.roners
Jury. The charge which comes before you il made
az aipst specific parties and therefore, intead Of haS-
ing to wade through the whole of testimony. you
have persons presented who are Already charged with
this BY the Coroner; therefore you viii inquire as to
the motive, if any, which these perors, or any Of
them had to commit this crime, and il the opportunity
in the Gaze existed for them to commit the crime.
Those are two important questions which you must
first be Satisfied Of. After investigating those two
questions the next question to be investigated by you
will be- is there any evidepce-even If YOU should find
that there motive sufficient that opportunity ex-
listed. The ext question aad important question too
il, is there any evidence in this case which points
to tbese persons as the guilty parties. That the
third question for you to pass upon. There y very
great distinction between moral and legal evidence
That distinction, Also you will bear in mind, ard the
important question probably in this Gaze and the one
to which your attention will be principally directed wild
be the establishment of that fact "Is there any EVIL
deuce connecting any Of these parties with the commits
sion Of the tself do not propose 70 90 into the
testimony this csse TO call your attention 10 any
portion of it, but merely TO direct your attention to the
questions which il is Necessary forEou to find in this
case or to the facts which It is necessary for you to
find before the parties presented Ii s mistaken
idea tha. indictments to be found by grand nquess
without sufficient evidence TO satisfy them II they were
sitting as petit jurors ard that evidence were un-
explained TO their satisfaction, that the parties are
guilty Therefore is safe rule to guide YOU, In all
cases If upon the evidence that Is presented to you, 1t
that evidence wac uncontrsdcted and OF course your
proceeding are pars the prisoners in the case hav.
ing no right to be heard in their own defense it, there
FORE in such state Of facts you VII Dc sa;Hhed IS
petit Jurors TO convict the parties. then Is your duty
to present them for trial before petit jury unless you
are sstsfed Of that fact it would be justice to the
parties who ae charged, no matter how strong the
moral evidence may be, the question presented 1!
is upon legal evidence and legal evidence alone, that
the law holds parties responsible to answer. Il has
been suggested that scms one Of your number has
been witness before the Coronsrs inquest in this
case such Is the fact, would suggest the propue
ty Of that gentleman being excused during the pee
dency Of this question before YOU, 80 that whatever
your finding il this may be the public shall be
satisfied with yew aes. II is one, as be.
fore remarked, Of gTea; moment one which has
produced such 81 effect &c has been rarely produce
by any criminal act. Although murders are committed
frequently are almost Of daily occurrence, yet it eeems
to me that this has taken that hold the public mind
which for the time has absorbed every other qresticu
a,noet every other kind Of crime hes been overstsd.
owed and forgotten. Therefore, very ressonsi.
bic duty which devolvse upon you n this 10 per-
form, add one which have doubt VII be performed
by YOU TO the entire satisfaction Of he community.
You vii COW proceed, gentsmeO, t, Ae 3isehs-;s If
your duty