The New York Herald Newspaper, May 10, 1857, Page 8

—_—— THE IV ADELL MURDER. Wiiliannennnananonete yon poeens GLARED Queries @ oe tee phew & he bw (Gents aueped wi ee of ho Byhest etme Keown 0 @vest your minds ef al) sympathy for or prejudice qgmims ibe preoner er any of the various persens 000 ‘Wweted with this martiing wagedy. You mast cee your minds to al) externa! influences or censiderations—divest ‘ew entirely of al) vias, or Knowidge, evem #0 far as you (we eapadie, of the party cbargod with this crime. Above @, genvemen, wos; you net forget that atheagh yeu are iting upon the Me of one who belongs to that seu which appeals to yours for protection and sup ges and rympetby, and which form the tender. GA ties apd associations of Ife, is always so promptly ad willingly remdered, you are to abut your eyas @mt osteo] =your hearia to those considerations. @iwe news no sex, 2nd justice im tts administration, ‘me reepootor ef person, age or condition. All stand alike tw its temple, and thoee who are called on to minister seered altar but bring imeffsble dingraoce upon ie and their holy office if they can be swerved from ie improper infuences or ie; » Comsidera- bE ied Statutes of this Siste (2 R. & 664, 7, ‘the ‘‘killing of a human beige without Se eeinarny oF law (anless it be manslaughter or exen- eae oF jusifiabic bompeide, as theretual er defined) to be trom @ premeditated design to the person killed, or of any human ,”” and in some otbor cases whieb are not materia! to for our present purpore. That the bomicide in caso was meither justifiable nor excasadle cannot be Sve moment maintained. if there is evidence in this @ame Bai sufficient deliberation was had to form a design teamke life, and to put that design into execution by doy then there dekberation a at any time before. Ma- premeditated design, i means uned Bling =. ‘of that crime. Assuming, then, that you will find the deceased was murdered, the next and momentous to thie case is, did the prisoner at the bar infict ‘wounds which caured the death of the ‘deceased, or the infietion of them. This question must be mot ease with calmnoes and @ firm determination on a © meet ai) ite responsibilities. Poblo jurtice that the guilty, if ascertained, should make that xgeion to the offended ‘majesty of the laws which their demands. The pesce and good order of the @mmmunity and the recurity and safety of our domestic eo Gemand tha! this great offence, if the offen. Ger enn be wcoriained, sboukt moet ite punishment. But ewe refecuions, while they are powerful incentives to the @eekarze of cor duty and our whole duty, mvt not lead eae be the inetrumente of mercy or confound the inporent MB the guilty. There are two modexof ascertalr ing and roving & tate of facts: Firet, either by positive evidence: (@rneeuxily that which isin iw nature ciroumstantial. The Qsttention between tbem ie Lis: direct or positive evidence Witness can be culled to taetify to the precise fact the subject of eae on Lelie penn Cane Present, that the party accused did oaune the death doceaset! Whatever may be the kind or force of mee, this ‘e the fact tobe proved. But in this ‘Wa® prevent at the time of the commission of ‘No one taw the act performed which caused of the deceased, consequently there can be no positive testimony by whom the offence was his wholly unsuseeptble of strict Segal But experience shown that in such » case be had to circumelastial evidenco—that i, nn | HN is of facte may be proved of #0 conclusive « eer, when taken into connection and as & , ot warrant a firm belief of the few, quite as strong and certain os iat opm wi prodent snd discrest men are in relation to their most im sortant oov- id De fatal to the edi Sof justice if proof "could not be availed of in’ fedioal pro if it was necessary always to have positive many crialnsl acts coramitied “in the com. trvotive of its peace and subversive of its or: security, would go wholly vupunished’ evidence in cases of crimes of murder, the most part in secret, ia the most satis whence to draw the couciusion of may be reduced, and often are, to perjary, base motives, to which the secret metare of the sifords yeccliar temptation. Bus it oan earesty happen that may circumances, eepecially = be euch ore which the sccused could @mve po control, forming together the links of @ transac- fim, sbouk all nnvortunately occur to fix the presurapiion @f geil of an Individual, and yet euch a conciusion be er- wepeous. And in 8 caso of ciroumelnplial evidence, when ee witness can terlify directly to the fact to be proved, it is autived at by 8 seriss of other facts, which by experience fave Deen found so aasociated with the fact in queation het in relation of cause snd effect, they lead wo @ and certain conclusion As when foot- ure discovered after a recent snow, It ie cer- that some snimated being has passed over fhe mow since it fell, and from the form and number @ eo footprinw, it can be determined with equal erty Ww they are those of @ man, bird or qeedroped. Ane familiar {llustzation, we flod an apple i ! : Hy a if 7 or many § f i t ’ i ! | i f a ght id i i i ‘tl bi aon i nat i | death. It taal pee se tain that at times they were noton very terms. Wf the witnesses are to be believed, gy and —— ip angry feelings towards the deceased, and it ie for you to say, gentlemen, whether there expressions wero the result of wounded feelings or Wed affec- tion, or infidelity to him, or the Dlightod objects of the deceased's adfections, or led from other causes. You must bear tp mind that there is much testimony wo show that the deceased, on many occasions, heki out to hie friende and to others that he was attentions to the prisoner with reference to making his wife, and that Fubrequentiy, and 6n the 28th of October, 1856,’ they were married. ee en ee are to be attributed to hie noo it of this engage- ment, or from his refusal to make the mar- riage public after it bad red je for you to ray. adequate to satisfy your minds that either these threats of revenge or satisfaction, or expressions of iQ feeling proceeded from this cause, you would be jaxti- fed im atiributing them to that source. If, on the contra- Ty, you think they proceeded from deadly hate to the deceased, and indicated a fixed determination on her part do him personal injury, and to the extent expressed, tent was accomplished. ‘This could the defendant commit the offence charged? And Jeads to he tnquiry as to the transactions in the house tne night of 80th January. It would eeem to be india; bie that it wae arranged in the early part of that da; eae een ea g0 with Dr. Beecher ne! at eleven A. M., to Saratoga Springs to As #000 as this arrargement was made the family com Wenced preparations for thai event. ‘the testimouy of the inmates of the bouse, except that of Conian, it would appear that ali the mewbere of the family, the Prisoner, Fckel, two Misses Cunningham, and Snodgrass, were engage UU eleven o’oleck in the preparations, whaa they sevorally retired to Hehe prisoner and her two daughters cooupyiug the mame bed, in the third story froat room; that they 20 seen; itandl morning, the prisouer aleeping ip the middle between the two ; thas they arcee the next morning, as ueval, except Mr. away by @ pote from Mr. after broakfant wh gether in this story front room, where the; when Hannah the cock announced to them the dea! Doctor. You will also bear in mind the daughters as to the dress of thelr mother on Friday Saeardey. Now, atiomen, if this testimony 1s true, there an be no doubt Prisoner did not participate self in this bloody tragedy. It is for yoo to say, afer a careful and deliberate examination of tion lng }¢ Qoroughty, taking into consideration ali the of the wituesses to the prieoner, and the circumstances is of the oe it 7 narrated by » @nd corroborated or ocontra- @ivied by other witnesses, to say wheiher & is such wetimor ™ you can safely rely upon. lp thie connection |t is proper to consider the theory an- nounced on the part of the prosecution. They rely upon ‘the threats by the prisoner towards the end the bitter feeling, the ill will which was so frequently mani- fected by Ler towards him; that having been married to him and being deeirous of getting apeody of part of bis property, was an indveoment to the commission of this crime; that these mesives induced ber to commit this crime, aid aro wiequate motives therefor. Ido nx shank it wary to go imio all the Causee urged upon you Dy the counsel of the prosecution, as having produced tis riate of footings betwoon ‘and the deceased Neither is tt necessary to refer to the times at which thean threats wero expreased, If the testimony of Hannah Con- lan i to bo Detiewed, they were expressed upon the very cay of the death of the ceceased, showing @ cou continued expression of ill fecliig towards the deceased, by the prisoner at the bar, for several at least. y also allege that ebe did it; and that cpon the day the decc was commited she hate dearder in the , Mr. Ulimann, wae pot to be at home until late in the evening; that she procured the prepara- tion of @ Gre in the atuc, lo be lighted, at any moment for tbe parpose of destroying the evidences of her gullt; that Mt must Bave boos commitied by some one tn the howe, and that rhe was the only person in the house that day who could have had any adequate motive for commiting the crime, and, therefore, that she must have done it. about ro\dnight an olfensive emed was permetred in Bond mireet, like the burning of clothes or Feather, and that ench ing took place, they ay, ie evident, from tho tentimony Of Dr. Parmly, In reference to tho te timoay upon that fubjoot you have, Idoubt not, fresh in ' i li 3 § 8 a t ip H j Pereon of the accused, oF in whicb she had exclusive competent to inflict these upon case would bave been a very strong one; nay, 1 mr of ‘most say a concinsive one, New, how is this cas, wemen? While there was found in the posaeasion ner—for T consider the burean in her possessian— while there was found in her possesion this dirk Gages up the dirk to the view of tbe jary), which I have bad one the officers of the court measure very carefully—its Jongth is 444 inches, it te alf an inch at the bilt, going to & point—and Dr. Ubi says those wounds eookt not have deen infiicted with this mem, #0 it seems that this dick could nm have been used any more than @ pisiol shot the man which the ball did not ft. Itis a perfeet matho- matical demonstration. Then this biade i emiy three inches in length, and is thrown out of the case entirely. ‘Then the only other item of evidence is this matter of the pistol being found tn the hands of the accused. It is not pretended that the wounds were inftioted wih the pistol, but it is urged that the possession of a pistol dy a female is the evidence of some murderous intent. Now, gentiemen. what is the evidence in reference to this Pectoly Dr. MoGuire says he was present when Dr. Bur dell purchared it, or one very tkeit I that we commit no exror in aasoming that this was the pistol which Dr. Burdel! purchased with Dr. MeGaire, and used as his own. The testimony of Miss Cunningham te, that thie Et tol was given by Dr. Burdell to Mra. Ounningham while the was in Twonty-fourth street, before she went to the house in Bond #trect. It te nota important circum. stariee in any event, becauce it fe not pretended or alleged ‘that any of the wounds inflicted on the deceased were in- fiicted ‘by a pistol. The roost that e2ukd be made of the ciroviostanee, supposing the prisoner bad it, waa that it might be an evidence she intended, at some time or other (as in argued on the part of the prosecution,) to carry out the intention which she expressed in reference to injuring the Doctor. Whether the possession of the pietol ander these circumstances, ie @ reasonable Presumption for you to draw, is for you to easy. The next inquiry which presents itself ie, the prisoner at the bar the phyeical strength to inflict those wounds? That is a very important question for you to answer, if you get fo far as this stage of the ease. It ie true, gentio. men, that you must bear it in mind that person excited by asian ‘will do fourfold what the same person unex- cited could; and to determine thie question you muet ro: gard the tertimony in to the strength of which Dr. Burdel naturally be supposed to make. And it appears to me that this isa very proper point for ia which those wounde were luflets, supra mauling wo nw @ wounde were inflicted, ag nothing Dow them. iting all the phy- agree that the frst wound was inflicted on whe right shoulder, while Dr. Burdel) wae sitting in bie chair at the desk in the centre of the room. The pereon to have inflicted that wound on him must necessarily have been either in the room when he camo in, or was, per. haps, more probably ooncesled in the front apd came out after the Docter had re them, t© make out their theory, at the time when be returned, to ¢2 into his room. ‘You will remember that the bracket ight at this ride the window—this nowy > 8 5 which was to the inatra- ment case—was found bow generally it lit the room. The answer was in the affirmative, and the room not being & very large one must have been very fully Nghied. Doubt. lees the Doctor wa seated there examining his bank book, or perbaps reading the newspaper, and the person who licted Uhis wound op the right shoulder mst have nooas sarily approached from behind htm. Dr. Ub! sayn (and he waz concurred in) that the wound must have been tn ficted while the Doctor was sitting, because the wound was on the right shoulder nd drops of biond were fonnd on the right side of the chair, a though blood had dropped there from the wound. Some of the witnesres seem to think that this wound must have been inflicted by a per- son taller than Dr. Burdell. It is for you to say if in ficted while he was sitting down, whether it must have Deen inflicted by a person taller than Dr. Burdell or not. It ts gd apparent, I think, that when that wound was in- Sicted, there was romething applied to the neck, (as from the médical statements there wenld seem to have been,) something either in the shape of a cord or a han ikerchiel, ora rope, something which was thrown round, which produced @ strangling; whether tt was done by the pulling of a handkerchief, or by « cord, it i evident that there was some e@ort of thi: kind.’ Immo diately the Doctor must have sprung up from the chair, and made for tho door, because the side of the door and «ide of the wall manifestly exhibites it, the bloot which came from this wound remaining there. The person must have eeceunacty got the Doctor quite into the corner of the room, T think that probably would account for the abrasion on the nose spoken of by Dr. Uh. I think that this theory is sustained by the evidonoe io the case, for all the other wounds upon the body were up on the jeft aide, @ we ground; wo know it is certain, there can be no and none on the rightuide at all—not one ef thom. It seems, Qeab;, of \1, that that apple once grew upor a tree—ihal it | your mind Dr. Parmly’s going out In the early part of the | If I bave correctly looked at the teatimony, that tbe person Gd pot grow upon the ground. You find it lying in the | evening, when be amaiied an offensive odor; his returning, | who inflicted the wounds bad the Doctor in the corner of arom. oF oD grass. The copclusion inevtabiy te that bg Cot again aod egalp returning about 11 o'clock, when the room, and that the wounds wore thus inflicted which Geet apple came from some tree and that it grew there. | heerelind more etrongly tan before, which he Gecoribes | caused lis death; that he must have dropped down almost Rite Kind of evidence is the result of experience wad | a u different odor, and the law be distinguishes wa arising | instantansously {n the corner, apd was drawn a litte etwervod facts and cotneidences, avisbitsh'ng & connection | from the burning (f leather or woollen In this | 80 #2 te permit the of te door, and there atwren the true and proved facts, sought 10 be | connection you will bear in mind the statement of Dr, | lay when be was found the next mérning. That F per The advantages of thie kind of evidences are, | Kmith and of his son—the fact that Dr. Smith had that | ecems to me the rewalt of this tewimony, from whe ’ 6 the source is generally obtained from eevera! and | very aerncon been burning to his stove pleces of cloth. | attention I have been able to givo ft, and 1 think all listen | sources, 0 Gnain of carcnmatances ts es Kiely ing and lemther. Whether i coukd or could sot hare | the (etimony harmonize with tut view of it. to be prepared and arranged, and falechood and | arisen from this caure It efor youtoray. You will also | Now, eu that to be the theory of the case, had the ~ pampary arc more Gkely to be detected and fall of their | remember Uie evidence of another witness, that be Ss physicial strength to have produced T ainwed The are that s fury baye not only | smolled the same amaell about ove o'clock, and also Tesuite? And in reference to tiling thie question, + weigh tbe evidesce of Le Goan oe erosUed the same om are t bear in mind the circumstance: which have Pride fac entabliabed by the evidence, drawing the just who pansad already detalled—ihe depth and the number ee en ee en ae to ths } @lse of Mr, | the wounds, five in mumber, the clroumrtance ef rovist- paamse, you may not be D7 prevedioe or \paruabity, or mt night, and | ance on the part of the |, the abennes of all evi Any want of due del or obricty of judgment, all the inmatos | dence of amy injcry to tb person of the prisoner, and the make hasty and false deductions. Thie source of error to agroe that the7 cx. | amount of necessary to inflict thors wounds. In re Sane exist in pemkive and Mrect evidence. Thon yeo error in this | ference to this point, It will be mecesnary for you to consi Were omly w fudge of the gy whe aneented to the state. | der the evidence of the witnesses, and your own obserra- (emer ant that being emiadielad, it follows that the Yor 4 Gon af to the force necessary to {nfiict much wounds, end eete lentified to are to be takeo ‘we trac, But, gen- this could | in thie connection also you are to take into consideration Qn, fh is quite —— het efor yor Bare Deen burned without the odor permeating the waole | the testimony of Dr. Callin, in reforense to the alleged dis- (Radtaled iw yur own yng wt ong ent ‘twelve or | sbility of the prisoner, by reason of the rheumatic affre- CH? ee nee tw be cet & wing the inter. | twenty-four, & is for qentiamen, (0 take ali these | too with which she was aMicied. You have beard all the q@mes frem vee ‘These taferepors mount be fair Cireamatanow tuo comidorate ant give teen this dar tectimony on this subject. The theory was started that wet natura, act forces cr aruficial $The common law ap | weight fi l: am tmportant fact to conmder; for if } Fg Fe to the plain dictate of common exporience and ne eo hat there mest i tought & might be so. ae and the inferemoe ©) b» drown from the dere lo the Bouse for come extraordi. | Others it might be or might not. Backs mus dee reasomadic and natural ope, abd, toe mo | nary set, ender the circumstaners, must Seen tien ne of the body and of the oe cortainty,Gceriain one. ft will net do Mis pro | create the inference that they were pre, to destroy | wounds, if you arrive at the viow whinh I have expremsed ie morally ertan pag ty oy Bui if you inthe Site. hee could bare tn Degative and come to conclusion that there wae po | Mictad By Oe temimeny of Pr, Calla, Ri would maiter of tus ind Durned there, than tbe prosecution is pear that @e rbenmatiam the preceer's withent any (heory, or I understand H, an to the ecru {Te thecry of tos ree aaee taa oFace ae the taf. Ce oe ba dy aoe aal Goa = is Ghate lefhanded persap ap coumider. decide blow, Qrisoner was lefthanded, in the elirmative it gow fat to entabich Weir Chery iis Siar use eatara! doncl stow was thet It war tettoted by the negative, it is © greet obetacie in the way of emubiisb- | bor. You will reemembor the testimony which has been Weir theory. given ia reference to the use ef her lett hand, and hor . This auleged that the coaduet of the prisecr om the | reason for using it, and yeu will make such deductions ae Saturday after the marder, whee she heard of Dr. Bur- ant. If you come to the conclusion that the dell’r death, are evidences it te tad the pt yrical etrangth to inflict those wounds, very ordinary mease of leno. you mum bear in isd the tetimony which bas oe eo ee prov. | been given ta reference to their being inficiad «per. ing eo of who party enpounce | fon than Dr. Burdell. If y6o are satinfied the ment being made to them offence commited. | biow ow, yeu recolied the testimony whe | Gen, was ie fires whe eanounesd Ber. | ole Sal to the prover ab the mind | Then whether her conduct that Le | wounds down sairs, taking ber breakiast daaghiers were onary Ge rest of Qe Camily, (Mr. bry med Uaet they in Ber domestic evorations—1f be | anatomical Sevod—end whether ft te consistent with guilt or tnne- | Decemar, cumre. Tou are als to bear conduct | the she exbibiied atthe ume made | cvocur erinood Innosence on ber guilt. | rate biowr. Thie condone has bean so! by te deatal ot pet. There then learned counsel upon both aides, at It ls ont nosemary for or hae me to recapitulate it; but eimpty tecall your sttention lo TOR Ore emidefied whole, and gtring Tt We an important Sivaye—<he oun. | porsen fmt no moro, ahould to Got af the harged with the orienp, when or by Wen they first a the offence; aro ge eaty that the eva, am, Pt when the come is Gret home apon . 4 Rane or he - ~ thaerdinaey videntee of are also the | theories 4 inacae of centers 2th “ee the deed is committed. Le = oc mtichied not only hat d hed “ conaidered very strong vfatencs,, Del meant, toe, ros Be monic on, the bearing before’ the fmt you ean exchads tbe hypo! of quit abways, * taken into the account © * Jeath by the actof any ot! Sorener’s tro aD. “vem 00 give exch reforenne peat ok li mee Gotti ae | Bae pen rch root tonne id 4m relation 0 the euroumaeniee “— Be Secured is amtitiod to knowledge, er whether une Lab . reforeuce Meier 1) evaded 4 conoealimenk A841 you wii ch eae a well weg trem the eiroumetances andor which the bear in mind Ae b— ‘a mere ‘be true the Coroner, and if you thisk hs Sree x Sheorre’, the evidaunn of enmoralment, ‘tee © be any diepoettion renetnaie wads . akon 96 ciroum: | thal « Garrivcm and ‘directa Be a fectlemen, ancther evi | doubt Be renee and the Jodgunner have been’ s very erik Geoleren, Denna eanectentionsiy to tat (trong, tout man, a | lew Se derive) main'y Bom ere ee bere’ been, ‘tn pee Or, id down by the — have been mardered ae A ‘el iid’ Gown ‘by Wines by 8 woman; whether | care etl Bodine: and wn they are brief Or oe RDOU laring $24 the ‘Siention to them. Firs Of much « rent | nets swhich los moral cartainty every evidence of the physician, of My 40) nn ee ‘Peonwel & female then ie fyi) feo as | a \nponent— shag except tho one alluded to | or p parm ho peseatt | iow ation ome Der fay, rome the ‘nar “ata Pay, by bar, gts. ecity, Resting ber bead wpen ber hand and locking dewn- ward, sibent, and &% may be prayerful, the daagbters persisted in keeping thelr veils down se that be curiosity of prying cyes was net gratified. At 5 minutes past 7, bedere the jury were woll io their room, the brm and bus wens rewnd that ibey bad agreed ov a vordiet and were retarning into Osart. This, however, proved to be a mistake, It was remarkod, as highly cousplimentary te the Judgo who presided over this important esse, thet there was not 8 wingke exception taken te any of his rulings or to his charge by counsel on exher side. RETURN OF THE JURY, At twenty-five minutes to 8 o'clock the bass again went round that the jury bad agreed and were entering the court. It proved to be correct thie time, The jury enter- ed and took their seats on tho box. All eyes were turned toward them. A painfully profound stitine=s reigned throughout the eourt. The Clerk (Mr. Henry Vander- ‘yoort) took his pesition on the witness chair, to eall evar the names of the furore and to put the usual formal ques- tions to them. Before this was dene, hewever, ana precaution against \ probable manifestation of feeling on the rendition of the verdict, the folding doors between the principal Court and the Marine Court were drawn together, amd the immense audience in the latter Court thus shut out from witness- tng the last deeply exciting scene. HE VERDICT. Mr. Vandervoort (the Clerk)—Gentlemen ef tho jury, pleare to answer te your names. ‘The jurors answered their names in the following order: — 1, Gilbert Oakley, 1. Jebn Green, 2 Poni 2 lorton, +o gongs, 8. Francis K. Gehagan, 9. David W. hty, 4. William L. Lockwood, 30. Fredertok A. 6. Charles F. Hunter, 1. Jobm Archi said, 6. Lake C, Ooe, 32. Gilbert W. Barnes. Mr. Vandervoort—Gentiamen of the jury, bave yoo agreed to your verdict? The Foreman—We have, [Bere Mrs. Cunningham, deeply afftoted amd much agi- tated, was caused to stand op and book towards the ju rors.} Mr. Vandervoort—Jarors, look open the prisoner; pri- sewer, look upon the jurors. How say you, gentiemen, do you find Emme Augusta Cunningham, otherwise called Burdell, guilty or not guilty? The Foreman—Not guilty. [Seme manifestations of applause.) Mrs. Cunningham was so agitated that sbe beard not the ‘words that the foreman uttered, and did oot know what the verdict was til! her counsel whispered to ber; then the sunk back overpowered by ber feelings. Mr. Vandervoort—Gentlemen of the Jury, you say that you find Emma Angusta Oonningham, otherwise called Burdell, net guilty of the morder and folony ef which she stands indicted. 80 eay you ail? The jurors nodded assent. Mrs. Cunningham and her daughters were then oen- @neted out of Court into one of the Judge's chambers, and there for some time recetved the congratulations of their friends on the happy termination of the prosecution. Wo understand that they retarmed to the fata) house in Bond street. ‘The verdict seemed to afford very genera) satisfaction. Indge Davies privately expressed himself pleased with it. Judge Davies (tofthe Jurors)—Gentlemen of the jory, you are discharged from further attendance. I regretted to have to tmpose vo heavy a task upon you, but I think you are all peusfied wat the Court did ite duty in that respect. The jurors then retired, each shakinghande with and complimenting the Jodge, and Whe Jodge reciprocating the compliment. DIACHAROR OF PCBEL ON HIS OWN RRCUGNIZANCE, Conneel for Mr. Kekel (who was tm Oours during the whole procesdipgs)—If your Honor please, after the ren- dition of the verdict in the case, I move the Court that Mr. Eckel be dwebarged on hie own recognizance. It would be an catrage@us Injustice to eend him back wi—prieon to night The learned District Attorney is too good a judge of bis duty to the community nt to be aware that in a charge involving the Ives of two homan beings, it would ‘De 8 great injustice to the community to try the weakest case fret. We are bound to presume, from the intelligence which we alljof us award him, that he placad the prisoner Just Hberated by the verdict of the Jury on trial, supposing that the caso against her was the etrongest. That would determine the case as against Mr. Eckel. The whole of the prosecution's theory against Mr. Eckel, ander which be haw been indicted and reetraised of bis liberty for three mouths, has been that he, ax the paramour of the prisoner just discharged, alded and participated in the commission of the marder, In other words, that be was ‘& kind of principal ip the ssoond degres, or at all events had come knowledge which might render him amenable as accomory before the fact Now, whatever bis rela- tions to the crime were, if be had any relations to \t at ll, it ts evident that he did not occupy, under the theory Of the prosecution disposed of by the proseat verdict, the reintion of & principal in the Srst degree, because the prisoner who han just been discharged hae bean ludictet 8 Lhe sole notor in the commission of the murder, The poopie, by their Grand Jury or the theory of thelr Grand Jury, having presented ber as the sole actor in the commis- sion of that crime, apd having falled te eotadsh thaterimc ‘against ber ac a principal in the Grot degree, it te idle to wupposs that Mr. Heke] could heve any relation to the crime, either as principal in the second degree or an ac- cessory before the fact. I do pot intend, unless should become pecersary for he purpose of showing bis Honor ali Le 7 Z lit HRP REHONS FapMAS ‘Coen! for Mr, Rokel appeased b the District Aiterney PA e proms (het motion Ul he should heave qn opporta ‘Mr Fin: 4:4 078 press his meen Poige Device (lo counnel—W hal (e the esneust @f Mr. Fodge Davies ould 61 080 bai be adcqnatar The Inetriet Aiterney—danpn, Fudge Device—{To the Clerk.) Take My. Ecket's ennag. ‘The reeegniasace wes taken, end My. Bxhol wes dis charged from custody. DR. BLAJADELL'S WHEREABOUTS THB FIGHT OF THD wURPRA ‘We have resetred the following comaruatcotion in re <aapee to Dr, Maleden Ro Gm the night of the murder of Dr, Burdel } wae wih ‘Dr. Mandell from 7 obec until half-past, 19 © clock, his room, more thas one mile fram the murder. Wight other persons were alvo tn ard out of the deoter’s Vur Washington Corrospondence. Wacuweron, May 8 1867. The Ma‘ne Office Szekers—The Officeholders of Maine, Massachusetts, New York, Penasylvama and Virgima— Interesting Statistics, Thave heard that some of the ambitious aspi- ante for officia) position from Maine take excepdon te my allusion im a former ketter to the exactions of Mr, Clifford in bebalf of bis friends, and in order that no injustice may be done to the State which Jed off in 8 majerity of 20,000 for Fremont, give you alist of the officeholders, diplomatic, consular and departmental, not enly from Maine but Massa- ebusetts, New York, Pennsylvania and Virginia, as far as I can sicertain. ri This schedule does not inclade clerkships in the departments. or registers, receivers and jadges for the Territories, which have been largety supplied from the two States of Virginia and Pennsylvania. The aggregate democratic vote of Maine at the Hest election was just 39,080, without a solitary democratic member of Congress. That State has the following appoimtees:— Horatio King, Ist Assistant Portmaster General 93.000 Assi 5,000 seBeEESEEeE Making ray $40,708, or more than one dollar for each demeocrrtic vote in the State. Maesachusetts ie still more patriotic. She gave for Buchanan 39,240 votes, and elects no democratic member of Congress. Look at the following ex- Busabeeseeeseeste ~~ Sesarere sg loca) patronage. New York has twelve democratic members of Congress, and gave Mr Buchanan 195,878 votes. 6. V. Brown, T. BH. Hyatt, ¢ following is her official T. L. Smith, let auditor, salary i [ i 2 & acprsEe s<mr fie fee ; pint Me baked 3 i if I e i 4 ; * «+s *PRERESESEESEREEED srrrre F an 5 17883 _SARITIOR INPERRICENCE, i Grant, Clenfuegoe—Chastelain. Pogvert & ‘Rark Vietreen (Rr), Kenay, @ John. NB—P 1 Nevine : Hark Moioipp! (i ‘Gerdes, HY r. mm), i 81 Johne—T H Sandford, * ee Nols al Savannab—Dunham & Asien, 809) ia —Jas Hand Bardenwwa—MeOready, Wott @ Rehr Pera. Rehr P elt, Ronines Rebr Kate Brigham. Rebr Sed, Btacy, Wi fb Sateen Wie we rat 5 Kareoman, Wick, Alexandre febr i het® WC Mersbon, "Miner, Schr Rowton Light, Woodbury, Glousenter—Mastar. Sebr Wolewt, Parker, Bosion—Dayton & Spragwe, Bohr Virango. Freeman, Wellfeet ct Melee . Rebr River: . Fowler Providener—-L Kenny. ten race > Carr, Newport and J Sloop Maria Lontaa. Fan Master. Stoop Farmer, Rocker, ened S eaeete, a a na ora ARKIVE fteamahiv J BB Cromwell, bhiekda tor NYork, "70 da; Bhip Asteren with railrond tron. to order. palti a lo thip Merlin, i rd. Shiela, with te Ch joberia. Has been within 8 andl rh (Ham), Dickman, Hamb: wey init a at params Karch. ari, int it poke Hamborg ship Hambokit, tien. Fav’ Hamre et jew York. The R has had four deaths on the Fb . 7 Pacific, Gartner, Cardenas, rin reper. Sturges & Co. Gch inet, lat $4, on 743,; spoke brig & Jewett, Fark Chan Brewer fof Reckland), Dean, Cardenas, : whh sugar and molasses, to master. May 6, off : Derening ton bull “4th lone stypo: oiee 8 of Masersa. ex poked s beavy gale from sod sprang a hak; beew continually, with engar. de, to ‘Three Fistera, Fehr Marv Banfield (Br), Sherris, Gibraltar April 7, wih frutt, to master, i, off a ya ya Rebr tof Baltimere), Crook, Corn Joland, Ourfodennt froma lat 6 fio tbs rn Tells days. ee Midi cxh AY etueeleames angar, Tereen Ne Londen), Hine’) ‘Mitanzas, we rine (i, saan ed « ps ay a. 4 ’ and molasscn, ‘-eaoel to Taaater, Pale: Marea in with 8 Fou 78 z te Yznaga. del Vallo & Go: ache Cdeons (tr), Grifin, Halifas, Ni, 6 days, wit potatong- Sehr Lucy & Orcutt Me), Orentt, New Ovinnaa, 17 dave, wth talon 0 WA Sh tos wo san ATES Lea dock, and owed verpool, April onetannas, ‘May 1—-In port sehr Pendleton, ter York 36 Keovreas, April 2—In Papeete Cm Oe RT wiag, tor do ko days, , Porte. Home PAST MR A Sayan ua aes SERS eto: for | 7 Ames, for Si bre Gov ewwns , May 1—Arr echr BB Sette, KeDey, Bow TPORT, May 7—Sid echr Life Boat, Reed, Mage