New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-01-26
" Ek By The law Ct shis s,eis a sS ar''.:

e.. ,sw Ct this Slate Roh pros" 81
nr. 20 ,slng more nor LEES .hsn ssnce
Of .he parcnlar Proeecnt'JSn. 'eas deeAasa.
hao'e 70 AID in the case Of r1n,r.,er M the
u - Ill remember, there .s, by a sts;n,e- of this
Sou i ~ limitation 10 The penod within which an
;nSictment be presented IS 70 the other crimes,
ouireInent Of The statu, - tina, The indictment
o,lers the party accused mas not been an nnsbtGpt
or OCCASIONAL resf -ent Of the state within inet
period. Ba: IN ',ases involving the dding
Of human biot 81, which are supposed TO stand
upon Pecr-har and grave Foundation the "a"
assgns 10 Imitation 10 the period within when the
party accused may he indicted and tred; ana hebce
tie positive provision Of this statute Is tha tx aoy tune
after the death Of the party killed an indictment can
be preferred against the person suspected OF tHe Gun
mission Of tbeXrime. II may be though tha' II VIZ
not In place for the counse Of Mr. Ecke 10 assent to
a course which might thus place HIM ID future
jeopardy; but the considerations whlch nave huuceu
us 10 this squiescence are these In the hrst
in disseminating this prosecution against Mr.. fEKe
he is returned 20 tie pOsiticn which IL occupied oy
every innocent member OF the community EVERY
man who has as yet, been untred upon TINS cnalge,
il AZ liable TO be indicted for connection WIN IL hs
Mr. Eckel and 10 turning him over To that innocence
which has up 10 this time shielded him, and winch
will hereafter shield him, We a. his COUNSEL ieel tnaI
we have fully performed our duty TO hun IN tins
respect. In the second place, we have no
mower 10 compel the prosecution 10 Try
mis- indictment against their will. This s not uttered
in nny iuyous sense do not mean by this remark TO
convey TO the Court TO the public the idea that we
have eDdeavOred 10 drive the prosecution into tral
of this Indictment and that it has refused merely
allude to the a consideration that had its weight
upon the counsel Of Mr.. Eckel in inducing them TO
pursue the course which has been suggested by the
Government. In the third place, when the prosecu-
ton themselves conceded that their proof was 80 de-
fecve that could hardly the conviction OF
the defendant il would be taking TO speak, das-
tardly advantage Of the prosecution to attempt to
drive it into trial under these circumstances. Mr..
Ecke desres pass Ost Of his present situation with
his character given back 10 him precisely a. 1t was
when he drawn into it, and he could stand with
but an III grace before this community II he had
taken advantage of deficient state Of proof on the
part Of the prosecution for the purpose OF coercg
them into the commission Of act which, if commit
ted under other circumstances might be attended
with different results. The story of Mr.. Eckels case
is very briefly told. He made the acquaintance OF
female under whose roof he at the time of the
commission of this hord crime. He made il in
business way. He entered her house a boarder,
and while under her root a crime was committed which
has dropped blot on the annals of crime, compar-
ing with any previous TO this time, which blot has
deepened in is hue as time has stolen on the author
Of the act being undetected undiscovered This
female arresred and tried as principal actress in
the commission of that dreadful crime. The result OF
that trial / have already referred to. The effect
as against Eckel upon the theory of the prosecu-
ton, have also adverted 10. II completely dis
proved the charge which had been brought against
him in consequence Of his supposed identification
with her. 1t is not my Intention on this
occasion tOallude to the anguish which has been
casioned to the feelings of Mr. Eckel personally by
this charge, nor to the wounds which have been in.
ficted upon those who, whether he was accused
guilty gutlessly also compelled TO bear
greater lesser proportion of the consequences which
such an accusation must entail upon them. / allude
to the friends and relatives Of Mr. Eckel. Nor is it
which the Temporary interruption Of his business,
under the circumstances, has occasoned To him. and
to the severer pecunary loss that might have been
visited upon him but for the kind and disinterested
of friends of whom he or any other man
in this community might be proud, and whose ac-
luaintance he is certainly hOnored with being permit.
led to claim or recognize. These are matters with
Which shall not trouble the Court. Ii Is to be re-
greted that the crime oou-syned DIR. Rurdell
TO his grave is, to this day, undiscovered. Crcum-
stances may have transpred since the trial OF the
to which have averted which may have
aroused suspicion in the public mind to the JUS
tice Of the result Of that trial. Whether those cir
cumstances have had that effect not it s not for me
to say; but so far as they have produced any effect
upon the participation of Mr. Ecke they have tended
to brighten rather than obscure darken hs inno-
ceuce. In leaving his with the Court, subject to
the action which Is now proposed by the prosecution,
trust the Court will agree that the counsel have
well done their duty in accepting this tribute of the
innocence of their client which proceeds from the
spontaneous action of the Government, a. they would
have done even if they had had power to drive
the prosecution by insisting uDon trial OF these
ordeal Of trial by jury. trust the order which this
Court shall make upon the motion of the learned rep
resentatiye of the Government, will have the effect
of restoring Mr. Eckel TO the confidence OF the COM
munity and renstate him, so far as he can he rein
stated in the position which he occupied at the time
this accusation was first brought against him..
The Court said that, as the prosecution mad moved
for hOe prOseqa there was no need OF further pro
ceeding in the case. Mr.. Eckel was therefore dis
charged.
William Handy and others, indicted for riot, and
who had pettoned to DE tried this Court had their
trials sent back to the Court OfGenera Sessions,
motion of Mr. Sedgwick
MURDER OF THERESA sPITZLIN.
The names of the witnesses in the Greenwich street
murder case were then called, only few of whom an
swered 1t was understood however, that they would
be all in attendance to-day. Mr.. Clinton, counsel for
Maurice Cornell and James Toole two of the parties
implicated in the com mission of tho alleged rape and
murder after consultation with ex-Judge Whiting and
Mr.. Sedgwck, he and his associate counsel Mr.. Stat
ford had agreed to offer plea of mansaughter in the
rst degree At the time he felt free 10 say that
were they to 20 to trial. they would probably obtain
more favorable result yet should il be otherwise, he
would deeply regret that he had not consented to put
in the plea rendered him.
Ex-Judge Whiting then rose and remarked, that he
had looked into the with considerable care, and
in view of the facts which he had been able to gather
the prosecution felt constrained TO assent to receive
the plea offered of manslaughter in the first degree.
O'Connell and ToOle were then placed at the bar,
when Mr.. VandervOort, the clerk, said
Maurice OConnel and James Toole: You have
heretofore pleaded not guilty of the murder of Theresa
Spitzhn, and now wish to withdraw your plea. What
IL plea