New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-11

30 b been indicted and restrained Of his liberty for
three months has been that be- as the pstsmour II III
proner Just discharged sided and participated in tn
c.uuissiou Of the murder. In other words. that hs
xAs kind Of principal in the second degree, al 81
EVENT. had some knowledge which might render him
smenable AS accessory before the fact Now, Whist
ever his relations TO the crime were, If he had any
.,ns Ia /, AZ ell il l. evident that h did not o.
rv under the theory OF the prosecution disposed OF
by III. present verdict the relation OF principal 10
the frst degree because the prisoner who mas just
been discharged has been indicted the sole actor in
H. oouuis,1 % Of the murder. The people BY their
Grand Jury or the theory Of their Grand Jury having
uresept.d her the sole actor in the commission OF
that crime and having failed to establish that crime
agsipst her a. principal 10 the first degree IL is idle
10 suppose that Mr.. Eckel could have any relation
N tie crime either x principal in the second de-
gree or "A accessory before the fact. do not in
tend unless il should become necessary for the pur
pose of showing his Honor the justice well
the humanity Of this motion, TO dIate on the cir
cuns,apces. unless 4 be rendered necessary by
The District Attorney opposing it. But submit to
the Court that this case which has been al along sup
POSED 10 attract TO il the case OF Mr.. Eckel having
been decided in favor OF the defense and the prisoner
in the having received an honorable discharge al
the hands Of Jury of her countrymen, it would be
most ipbuman as well most outrageous and indie.
cent 10 compel Mr. Eckel TO remain in prison-nOt
even exacting from him any bail for his appearance
beyond hs own bail, until the Court of Oyer aud Ter
miner be ready to try the case. Mr.. Eckel is man
Of very high character in this community, man as
little capable of entering into deed Of this kind as
if NAV say with respect-hs Honor on the bench
man surrounded by friends, composing the most or
namental members Of society; man who could have
no pducement 10 enter the preparation OF such
deed: a man who had many friends to whom be
had only TO apply for any amount OF money he
needed a man who IL at the head of sn extensive and
prosperous business. and who has been drawn from
that business a suppOston which has been proved
by the verdict Of an jury to be uDounded even
against the principal. Now, under these circum-
stances submit TO this Court. and ask of its hu-
manity well out of justice to the prisoner to
make an order that until the time 10 which this Court
adourns the Court order the prisoner to be discharged
on his own recoguizance. do not know that the Dis
trict.Attorney will make any opposition.
The District-Attoney was not disposed to oppose
the molten. He moved, however, to have she case
referred to the Court of Sessions.
Mr. Graham asked the District Attorney not TO press
that motion till he should have opportunity Of con-
sulting his associate counsel.
Mr. Hall said he would not press the motion.
Judge Davies-Whst is the amount of Mr.. Eekels
property
Mr.. Graham-From $1,000 to $4,000, under
stand.
Judge Davies-would S, 900 bail be adequate
The District Attorney-Ampe.
Judge Davies Ito the Clerk Take Mr.. Eckel's re-
cognzahce in =, 000
The recogniznnce taken, and Mr.. Eckel
discharged from custody.
We understand that Ecke will insist upon trial Of
his case that he may be acquitted by Jury and that
the case be not finally closed by nOe prosequi en-
tered by the Dstrict-Attoney.
Soon after Mr.. Eckels discharge the audience left
the building.