New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-19
Id " INTELLIGENCE.
THE MURDER OF DIR. BURDELL.

FCKEL not TO BIZ TRIED TILL OCTOBER.
COURT OF OYER AND TERMINER-NOsO.N. May Ia
Mr. Eekel and his counsel, Messrs. Stafford and
Graham were in waiting this morning long before the
opening of the Circuit Court which took place shortly
after 10 clock One or two short cases on that cal
ender having en- disposed Of Dstric;-Atorney Hall
entered the room and the Court of Oyer and reruuer
was Immediately opened by Mr. Berthoif the crier.
The Court-Mr District-Attorney, have YOU any
thing further bring before the Court OF Oyer and
TRIMMER
Mr.. Han-No, Sir, nothing this term have sim
ply 10 state that circumstances have induced me TO
Law over the indictment pending against Mr.. Eckel,
and which was postponed until this morning, until the
October term. Ny reaSons for such course do not
with 10 state al present. AT the October term snail
either try the case, or move for n0tte PT0ScqHi, "a
may then appear most proper.
Mr. Graham-The only question, your Honor, ia a.
20 the course the Court and the District Attorney will
take in regard Mr. Eckel He has been in jail four
months and it is hardly fair that he should now go out
into the community with crime Of this nature hang
ing over his head.
The Court ntmated that he could not interfere with
the District-Atorney in the course that officer IN
tended'to pursue.
Mr. Graham-The Court and the District-Atorney
Sir can concur in the course they can pursue with re-
gard TO the rights Of Mr.. Eckel he il here awaiting
his trial in pursuance of his agreement, and It is not
fair that il should be put of until the Fall The
proceeding officer says that he has not sufficient
evidence against my client to press for conviction.
Mr. Hail. have not said that, your Honor.
Mr. Graham-Then, Sir, if there be legal evidence
against Mr. Eckel insist an Immediate tnal OF the
He cannot go out and pursue his business with
such accusation remaining hanging over hun, ne
being entirely innocent of the crime for which he Is
here to What would suggest to the District,
Attorney that he mol pros. this Indictment and
renew il in the Fall if he deem il proper. My client
can then 90 out among his fellowmen without this
stain upon him. We cannot compel him to adopt this
course but your Honor can order an Immediate trial
of this Indictment and appeal TO the humanity OF
the DistrictAoney if this would not be the proper
course. We had notice that this case would not be
tried this morning. and not prepared TO go on with
it, but will be ready to try IT next Monday, II your
Honor plcases
The District.Attomey-I am willing to abide the
eloquent apimadyersiOps of my learned friend, but
cannot give any public explanation Of my reasons for
adopting this course. If my learned friend will come
to my office think shall be able to satisfy him OF Its
propriety.
Mr. Graham-I had no intention to anmadver
upon the conduct Of the learned District Attorney
There is an effort on the part of the public press to
intimdate this officer in the performance OF his duty
and call upon your Honor 10 sustain him herein
The Court-Certainly, Sir, that is what intend to
do.
Mr. Graham-Your Honor will permit me to speak
in behalf of party who has been suffering IN prison
for four months have to say that it is cruel TO let
this man 90 out with the accusation that his hands
are stained with the blood Of fellow-being. Your
Honor should then strike off his letters and let HIM go
ree.
The Court-IIe goes out on his own recogniZance.
Mr. Graham-1hat is not enough, your Honor. He
should now 20 out without any stain his character
leaving the prosecution the right 10 renew this ndict-
ment hereafter should it be deemed proper. Every
pre- resumption is in favor of his innocence. The Dis
ct-Att0mey says he is not ready to try the case now
hut We know what that means. Ii means that he IS
not ready to satisfy the public
The Court cannot permit remarks of this nature
Mr.. Graham they are not proper
Mr. Graham--I do not inteud them a. retiscting on
the conduct of the DistrictAttorney.
The Court believe you do not Sir stu they ar
not proper and may misead the public.
Mr. Graham-I wish the Court, Sir, to share the
responsibility with him in disposiDg of this matter
The Court do take the responsibility, Sir, in
postponing the case.
Mr. Graham-Then, Sir, have duty to perform
to my client now demand legal reason why the
District Atorney wishes this case postponed.
The Court-There il necessity. Sir; VIII not
take the matter out of the hands Of the District At
torney i shall postpone the case until the October
term.
Dir. Graham-Whout any excuse Sir!
The COurt-Yes, Sir.
Mr. Graham,-Then, Sir, l have another duty topper
FORM and that u.s. to respectfully protest against the
action Of the Court
Tie Court then adjourned sine de.
r.. IaNua