New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-09

NA... corpus hss been issued, compelling the bher-
~ a. hing the body Of the wtness nov under e1.m-
60. ,og.,ber with that Of her sister, before Judge
e1.,.. 70 be returnabie before Jadge Brady. TIE
statute requires that where application s made Tor
vra Of babeas corpus and it oonpes the ofseer 70
whom Il 10 presened % issue the writ, Z . 10 q1es-
Gen Of the merits Of the Application 81 a.. Inc Pc
ttion merely contains the requirement. o. Tue s'".'
and under severe penalties the ottce' ooiseo
l. and II becomes thOee who have toe CUSTODY ~
person TO at once respond 70 thai VIII anu
eenteurt Of Court TO detsn ths witness looge nan '
,..u,, il MADE The return is now made and the e1-
$1,000 - ,b;s witness must therefore suspended.
Tbe Coroper-I, should also be stated that the re-
49,, ,f The Coroper shows that the IL under exam
-,,on and che viii be returned here an vii remain
,,t,l the exa nation il finished. She Will be brought
hack at the proper time There need be DO anxiety
about it. The witoess then retired.
The next witness called wa W llsn. Stewart Gun
EDshsm, young brghtloOking boy.
TEsTIHosT % WILLIAM STEWART crsSiYGHAN.
William 5. Cunningham ,Ton-l was at home
week ago last Friday night don't knox VIA. tiiBe
went " bed; on Friday night believe, wa beifing
mother get things ready 10 send my sister TO board
ing tchool; | b.leve / went 70 bed that night 5ost
abb ut the time mother did; spent the evening " ny
mo<bers ro m % Stare wss down little while IN the
psrlor that evening / think don't knOE gho was
here that eveGiDg; Mr.. Eckel was here ald not
$50 DR.. BurdeD 10 the evening" IN the siterooen saw
Inn on the back stOOp, a. was playing IN the yard
od 4 20 10 school that week AZ had many erfands
10 60 for my mother; don't remefn 1eT seeing Mr..
Eekel in my mothTs room that evening; 1t DC was,
have forgotten it; ZOOLOGY gave me any candy noDe
was brought ~ that evening; no hgs, no candy no
INIT wa brought up; If il had should have seen x;
/ have not had suy candy in this hose for week a
nan named John came once In two weeks 70 zee N 50
nah don't remember seeing any siTangsfs except the
Doctors paients, in the house OF Friday; | stayed
awake till Nj Snodgrass came up slept with hIm.
O. Web. after you went to bed that night how 'Bg
Wa il before you heard the noise A. heard no
o. Did you hear any neise that night 4. No, No
noise laid awake until Mr.. Snodgrass came ~ starr
Q. Did you sleep With Mr. spodgrsssl 4 Yes.
O. On the fourth hOOrl a. Wee.
q. Top OF the house A. Yes.
q. And did you not hear eny morse that night a.
aid not hear any noise at all when got down break
fat was over; don't remember what time IL st wes;
don't know when Mr.. Eekels clothes were taken &c
TIE laundry, nor who took them, my room door IS al
vsys LETT open; II open that night do not hear
ANY noise in the night don't iecO ect ny little brother
telling about the noise next morning; mother slept
down stars In her with my sister Ar SnOogr SIS
had be, u out that evening, but when went TO bed he
was msikiDg clothes in mothers room MI Snodg'ess
said he would 90 down stais and wash bus neck, as /.
was dirty; 1 went with HIM 20 the bathroom, when We
YeturE ed, mother in bed; she not very well,
retired early don't ember seeing Mr.. Eckel
In mothers room that evening don't remember what
clothes Mr.. Eckel wore nor what was their color he
took the away.
q. Well, what occasioDed the difficulty between
your mamma and the Doctor How long ago we it
Mat you first beard OF the difficulty between heg A.
Sic never disliked him; she always beer good TO
HIM az OIg ss be has been in the house; never saw
any quarrehng al oil.
q. DO you know Of her being married to hin A.
Yts.
Q. How do you know she was married to him A.
Sbs t1h me.
q. When did che tell you A. Last week.
q: Was it before tue Doctor died, or was killed
q. Where was sbe when che told thif A. In this
yo0m
q. How did she happen to be talking to you about
that A. told her | often had a mind to cell the
Doctor father and she said, Don't you know that he
h your father 7" aud | said NO" tbet we how
came to know it; heard of any difficulty be-
tween and the Doctor; heard shout Ser get
ting from hmi on the Saturday morning when
got up did hot hear anything did not 90 into tue
Doctors room; mother used TO make bis bed b would
not let The gIl do II because she would get drunk
niotoeI his ted on Frday morning she used to
40 INTO bis room sometimes and slt there with him,
bot rot very often; never htHd Mr.. tckel say the
Doctor was bad man he hsd not seen the Doctor ia
q long tune; the Doctor sometimes de and sat
Ia the parlor with Sundays; don't think was
down TO breakfast when the girl came up with dough
on her hands, and said the Doctor vas desd mothe
did not know what she did she ran around the room
sister I'll en- iain'ed; when DR.. Main came he would not
let mother go down stats; am not sure that mother
had been GOWN TO breakfast she did not come down
ali that morning after that.
This witness only nine years old, and told his
stpry with much aruessnese.
Tie next witness called was Dir. Cubnnghams cid
sst son, a boy Of about ten years OF age. He was
broush bit into the loom sobbing violently which he con-
tnstd at intervals throughout the examination He
was evidently much frightened. His emotion excited
very general ympstby.
TESTIMONY OF oroRSF u. CUSSNGHAN, sworn.
/ cal read some but not write know the nature
Of al oath; 10 to church every Sunday l am ten
years old war home last Friday nisnt went s s
Dr Main came home the day before the patty, from
the country slept with brother and George Snodgass
on Friday night; l saw nobody that evening" i sag
Nj, Eekel that night; he down in the parlor, and
M in INV mother room; I had nothing to ca, in my
no,bers room that night cav no hgs nsr fruits nor
candies that night sometimes mother and sisters slept
together; they did Friday night and have fire.
qutntly cone 80 before.
o. Who woke up frst when the noise yves heard in
The night, you or your brother A. never woke up
j did not hear any noise In the night.
q. You did not lemphatealy a. No, Sir.
9. Hear any noise A No, Sir sleep very hghttoo.
q. You did not hear any noise A. No.
q. When You got Mp 10 the morning, who came down
stairs first you or your little brotaeri A. We both
came down together.
.. Had your mother been down itairs them A.
No, Sir.
O. Where did YOU leave her. A. In her be iroeIn
j always 20 in her bedroom when come dosa.
Q. And when you came down your mamma in
her room asleepi A, She was in her rom
Q. Could you not tell whether she was in her night
drtss or had her day dress on A No; | came 30 wn
in her room, and thibk say her there.
Q. AND you are not certain A. No.
z. Then you don't know but she was down stsirs a.
tshectiDgl Yea, Sir; she was IN her bedroom when
came down. said ms have come do Sn for you 10 fix
ne and she said MY dear son, 20 and tx yourself,
went TO the glass and brushed my hair then we
came all down 10 breakfast together; sat down sod
ate my breakfast and came up ana my mother was
getting sister ready the si came Up to US and said