New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-09
,,o-csv to .sy vhe,her be detained o. witness or %

q, az him from custody he be party 20 The ciluei
but be Is party to me crime 40 a, nTS a,,or
~ IN g.t IN proper changes Will submit my cs-e TO
-! oon,.s Of l.F Bat II be Il discharged now me
tn C. r.r might arrest bin al any moment, and no'a
N- Y,Sss-I thipk be is entitled to know upon Whist
'A,,orpey-I think it would be proper to dis
charge the bsbea. corpus ull We could gel PlOPsea
con Ipi,nen; from the Coroner: / Wa toad oy nc
go, tLis ro,ping that be held Eckel as party
,n.n4o,ed Of having participated in the crime.
xr' CiLton-Tte Dis,riS:.A uonsy foally suppose.
thai The defendant i held s. party 70 Tie crime la"
l. your POSITION. IL II, M HAL
1istrc,. Attorney-It il, and il would be proper %
adjourn the case til We get proper commitment HOn
the COIoDer. ..., -, f,r
an Adjournment TIL proper con mltment s oo'a'beu
~ m the Coroner. / have DO objection 10 ma<e -
hat except ihst il would be unf,lr for Mr. E>kei
while held neither a. witness OF party the cllae,
be put upon his nial before The coroner
Se;ood that be Il 10 be held upon the ground. OF sus
rected con plici;y, and hope your Honor will decie
that he il not be called upon the stand 10 teeuy
While thus held az witness. .
Judge lie may decline 10 answer every qoee'oh Pu'
20 him not kro. ing whether be Is wtaess Or pm
Mr. Clinton understand it tina, Eckel i, 10 be he,d
by the Coroner az party 10 the crime, and NVaiI
Ia 20 know whether as such he II 10 De deiHnse -
kis constitutional privileges Of consulting V'u ni'
couus.l whether can advise him a. my client OF not,
80 xsnt !. 10 be uDder.tood tina, if be hld s.
principal be must not BE- put upon the stand a. wiz
Iess. -. 49,. %
adjourn TIL afternoon, so a. TO get tne proper
commitment. ,,...
MI CliDton-I think, your honor, it would be hight
that sou should remand Mr.. Eckel 10 the cry PRISON
during the Adjournment
Juoee-Remand him where
M Cliniou-To the city prison and my desire L
that the order be 20 made thai the Coroner VIII ho'
have right or poser TO take hi n out a. 3 WINES
JUDGE don't wish % make any such order; nave
no right inie fere with the Coroner IN the discharge
of HE duty. Nj Ecsel can deolae ans Eerlng any
question or questions that msy be put 10 him.
Mr. Clnton-So can any witness.
District Attorney-If T. kel is held as witness,
should ,uppOse be should be discharged, e. MI onod
grass was. ,,,,,
Nj. Clnton-Your honor, think be should be held
tbs afternoon in your charge he has been IN he Coro'
ner custody ole week already.
Dist1ict- Attouey-I think there should be an sd
i.urnment in the Gaze of Mn. Cunningham She Is
down stairs new. did not think IT necessary 10 onng
her up and expose her unnecessarily t. puohc gaze
have dra. the writ so far as held az, but leave
the fl ing up TO the Coroner.
Dis'rict Attorney-There must be adjournment TO
find out what or how she is held by the Coroner.
Judge-WIl till o'clock this afternoon do
District Auorney-Yes. am at leisure any time to-
day.
Sherif-Where will Ms. Cunningham be kept during
the time
MIR. lIntOD-DtIOlt your llOuoI hyJouih's "NN's
suggest that there be further obstruction to our night
az counsel 10 have free intercourse with our Client MIS-
Burdell. Your Honor knows that every client has
right 10 consult with her advocate lou are very wen
aware that We have not been able to have word Of
consultation with her yet even yesterday, when,
after much difficulty got access 10 her, the Coroner
and several of hi. officers and policemen were present
and would not allow word OF consultation to pass De-
tween us In the meantime, suppose you Will grant
me the privilege of being with her.
JUDGE have no objecuoo.
District Attorney-It would be right for the Coroner
10 keep Mrs. Cunningham from seeing any one, II sue
was beld a witness but II sne IS not Iuen 'ueie Son
Jude,SI consider thst Mrs. Cunningham aud Mr.
EoAo a constitutional right 10 see their counsel
when they want to- ano nobody must interfere with that
night.
District Attorney-Your Honor, this ia not a matter
in which have been connected with these parties
have nv sphere Of scton, and he has his i am here
merely to look after the interests OF the people.
Mr. ClItor-ln justice 70 Mr.. Hall, will say that
never thought of holding him responsible for such out
rseeous proceedings have taken place before The
Corner.
Judge-The Court is adjourned until o'clock p. m
The court room and all the avenues Leading from It
were crowded to excess by parsons who seemed very
al xous 10 see the persons no have recently obtained
such tenvsble notoriety IN relation TO the Bond
street murder.
AFTERNOON SESSION.
During the internission a writ of habeas corpus
granted and put into the Sheriff hands in the
of the Misses Cunningham, upon petition signed by
Messrs Clinton and Thayer and similar IN Its pupcrt
TO that in their mothers case, except that it did not
incte that they were declared from consultation wi
counsel.
Much denser throngs crowded the avenues TO the
Count Room in the afternoon than IN the morning. but
large posse Of police being 10 attendance the room
itself was not over.crowded. AT o'clock Mrs. Gun
ninghsm and her daughters Augusta and Helen, made
Ap.rA
bic and Vultee. Mr. CunIoghsn looked worn and
her lace bore mark of severe suffering and nervOusness
but wore its usual decided and masculine expression.
Her eyes were swollen aDd ste kep; raising her eye
brows Her daughters, WHO both wore heavy wells al
tbs time fully described NJ cu- report OF the pro-
ceedpgs Saturday. In features and general bearing,
both ard particularly the eldest resemble thsi mother
As soon as Judge Brady had taken hls Feat on the
bench Mr.. Clinton and addressed The Colu 10
the foiosing effect:
Before proceeding regularly with this ease, desire
70 call Hono's attention 20 81 extraordinary state
II facts. Your Honor will probably reec4lect that
prior 70 the adjournment Of the Court you decided that
was 10 have iul and free access counsel 10 my
client Mrs BuIdell but twihsts nding your decision
have been refused that privilege, or al least, the
Deputy Sheriff having been directed by the coroner
not 10 allow any 20 speak 10 her until the question
before Honor 10 ,ud 10 her should be adjusted
in con piarce VII bis wishes | have reifslned from
speaking 10 her beyond ordinary salu'a q, although
iold he Deputy Sheriff that had perfect night to
do SO | would not, until after you had ali idlcated IN
the matter | wished TO keep him harmless. =. the
lady is before YOU viii take the opportunity OF
speaking few words TO her il you gran! Il. The
privilege.
Judge Brady-Of course Sir i, is your constita-
tional right
District ttorney-If Mrs. Cur nirgham had been
before the COur and her ao adicated upon, there
would have been doubt about The gtt Of nef coun'
81 being free communicate with her sui the cIse
t,ufe 'he Court tia. Of Ecke, acd not that OF
M. CuuIii Oh Am. four HoIJ.s permission could
tuiy relate 70 NJ. Eckel.
Mr Clu;1r-I waived nv privilege until her sse
MD ~. fisro--d Of a ,hs cantlauauly