New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-09
-, ss,, with ease and plesssn.ry sonetmss laugh
'nn AZ he observstions thai passed between them
The following 10

igfE
Ia, the .sld snod.a n the ..e wit md " n
ny custody TIA; be .ss rsc.iy1 lno ~ el.! ~, ~ ~
esS- ocT sbdsr snd b. oertn ooasHit asa- W.
now o1a,e ossher sts III" BODY s.rs y9,T Va,
NewY@s Feb ~ p, 80 SoR 49,. r. 80 for
.1snn.dn Ae BODY q Gorse snodsr-' an further 1''ee'
apart '''n 'h' ''Ae' EDWARD D. COUNTRY Coroner.
The return in Eckes case s similar, except that the
clause apart from other wnesse c.. e o. o,fSr
The District Attorney, A Oakley Hall, rose snd
sad If your Honor please, have recel' 90 me ota
nav. proper and statutory notice upon TIE haoes5
corfus Of person detained IN criminal mAter, anu
am rtquerttd by the keeper Of the City Prison to
whom The order was address to pre-an: 10 your
Honor the wit upon which that order was made;
Judee-W hat is the return in the case OF r .kel
The Dstric Attorney then resd the return IN reg id
10 Ecke YemsIkng that the Coroners of1er I"f
cor fneInent in the Of snodgTa,s trested him a.
witness Tor il expressly said, will keep him apN
WeuvI. clinton the counsel for snodgrsss and
FckeI sddre,sed the Court follows II your Honor
r.as.s az council for both OF the parles VINO nave
been in pr isoned, think, after coDsultsuon win NY
s.sociafs that we shsll demur 10 both Of the returns
mt II the Attorney viii be KIND eoougn %
consider us AZ deuuriDg them, without sobnniuns
il in wiring | will be obliged to hiq
District Attorney-I have no objesion, more 81 All.
Judge to Mr.. Chnton-You pui in your demurrer
then
Mr.. Clipton-I do. and might and will apply for
the discharge Of both tn Pas upon me papers D.
fore ycur Honor Fir-t, in reference 10 NJ Snocgres
the q mint n,ebt of him s palpably illegal, aud OF no
effect whatever In the first place the Coroner has no
power according % the statutes to commit any pe'7on
In such case until after the verdict OF the Jury u
Given The 90 @ section Of the statute which gives
him any power 10 conhne witness or other iruee,
in hs official capacity Ia the sixth, and reads dc ioi-
lows:
SEC II the jury find that any murder Gn.suEh;er
.su has committed the C roner shall bind over the w
70 sppesr testify the next Criminal Court A. which
ind Ar
county And in such case The party charged WIN any
,ncb fense Be not IN cuod Coroner shall have power 20
process for h apprehension IN the same manner" Is
tees Of the Peace.
Ths is the only section of the article in relation to
the proceedings upon COrODers Inquest which gives
him any power 10 retain persons az witnesses or other
wire. That provision only gives him power to 90 1t
after the inquest has been held and the Jury have re-
turned a verdict then it having been proven that the
deceased came 10 his death by foul means the Coroner
may arrest parties against whom charge has been
made ard he may also arrest parties a. witnesses 70
attend and testify at the next sesslOn OF the oyer ana
Teruner or other criminal court. But until the 1ry
have come TO decision, and the verdict has been
given be has no power to Commit person al ALL i
hope nv learned friend Mr.. Hail. will not dispute my
statement of the statute if there any doubt aoou It,
will send for the statute and read it. But even the
Coroner has power TO commit for examination there IA
no authority In this for holding M SRod asa in
coufre ment because the paper before you does not
show any upon its face though 1t the origin OF the
confinement. The paper does not say whether Mr..
Snodgass TO be kept for amin alton as witness OF
defendant. There is no evidence, nor II 1t pre-
tended, that this proceeding OF the Coroner Tor the con-
fnemeDt of Mr.. SnodgIass is based upon the oath OF
any pereOn. Thee is nothing In tbs commitment
which shows legal reason for the commitment OF these
parties. | do not think Mr.. Snodgrssss case requires
an elaborate or extensive argument. IL is so clear
upon the face of il that ii requires no argument. As
the counsel Of Mr.. SnOdgrass, will say If there be
any person in this city anywhere eise who
wislee TO question him, or if there be any re-
sponsibe officer who wishes to investigate the of
DR.. Burdes death, he IL willing al any and at all times
TO testify TO I'LL that he knows about the mater. lie
dOee not wish TO evsde examination Ii Is not his wish
10 get out Of It, but he is willing and anxious TO sub
NIT TO e2spnation before proper and responsible OH
Gers. He has been examined before the Coroner on
two several occasions. He was called and examined
in the early stage of the proceedings. lie was than
put into the Station House and after being kept there
some days he was taken out, and the Coroner pro
pounded all sorts of questions TO him; be was SUD
ected 10 lengthy aid critical eXaniD6tion by tle
Coz and jury. do not suppose that any person
in this any where ese suspects that be has
any completely in that most foul and horrible murder
that has Iaken place in this city for many years.
therefor for his unquahtd discharge from con-
fnement. i submit this matier IN the case OF Mr.
Snodgrass TO our Honor without any argument that
he is held witness when there Is no authority for
IT, and your Honor is too we'll acquainted with such
matters and with the rights OF persons held he s
Judge-lt is granted that be shed as a ~itness and
a. there is authority for doing it, and rs il violates
his constitutional privileges, declare him discharged
from confinement The ngnt of council TO speak with
their clients is constitution right, which cannot be H.
frnged in any respect whatsoever.
Mr. Clnton-I will state this for my client Mr..
Snodgrsss though this is hsrdy the time for it, tha
any future time he is wanted as witness, h. Will
be ready and willing TO be examined before any proper
authorities. ard will say that will myself see thai he
is forthcoming at any such une.
Disirct Atorney-I intend TO strictly cOnfne myself
10 the case which is before yOl in regard to Mr..
Ecke As 10 his commitment, II would undoubtedly
have been better if the Coroner had stated the nature
and reason for holding him for examination. lie says
he holds for examiu son the body OF John j. Ecke I'll
further orders This is not the usual way OF ordering
the cOnfnemen Mt OF person IN prison. a. your Honor
well knows But 60 far judge from this
paper he is held by comui ment for oiiense.
We have right TO go beyond the paper If the Coro-
ner holds Eckel 10y virtue OF any magsteria power,
upon the grounds that felony has been mntted 10
which he may have participated. lie has, perhaps,
power keep him thus TO the time OF the cad Of The
inquest.
Mr Cnton-I would like for your Honor to send foE
the Revised Statutes 10 show the zw ~ tins mater
10 NV friend So he understand what The p)Fer OF
the Coroner IS in this case.
udse-W,l, admitting whist you claim by the
Statutes feel very much inclined 10 lesve him 10 the
hands Of the Coroner till the investigation Is hashet
Mr. Clinton-The CoroneI's magisterisl power IL
very limited il is marked GU. by specific boundaries IN
the statutes be hes by the statutes power Whatever
10 G. fine peon in custody until after the lIy have
siven in their verdict. The statute is clear upon that
point il implies u the Coroner has power 20
fine person ulon under the principle and according
10 the contingency before spoken Of vii say THIS,
however Nj Eckel does Lot shrink from any lnvesu
CATION in this he desires and the most rlgd
examination that any responsible public officer an
subject him TO be Dc held, If YOU dts re H. 70 sp-
pear a. witness al any time. lie has already, before
beipg arrested submitted 10 an eIsnlnan N by the
Coroner snd Jury. When the COrouers jury shall
have mpiic aled hH, other psrte, then let them be
committed Will say this hOSeyer il my fiead NJ.
Hall who Is conducting thus with his usa, ear
and sbe manner, thinks there thing 70 pat Mr..
Eckel upon biz trlal for LEI him take Nj ke before
magistrate or Pohce justice, and have afhdAVlts or