, 1874-11-30

His Counsel Move To Q1tsve a Nay
t:xeu sor the Craaninn4 H'sittt--'Iae
DL,tr3cf~Att0rncY DcEknrsn Ef7s Earth
tsA the AuuoCcrAce of Q1r. Gocct1eTs
From The Ner Fort Tribune, Noe. %.
Soon after Theodore Tilton had brought auit
for damages against the Rev. Hou.y Ward Deocl-
or le Naa indicted for au alleged 1iboI Oh tho
Iastor Of Plymouth Church. Ex-Judge Norris
brought tho matter yesterday before Judge Neil
bon Of tile City Court. There woro few spacta-
tors present.
Mr., aIorria-If tho Court please, desire to
na5o motion, to tho effect that day be fixed
for the trial Of tho Indictment now pendng in
this court against alr. rilton. would suggest to
the District Attorney tint tho 9th of next nlunth
le the duy fixed for proceeding with tho trial, 80
that, III casa thu matter in tho civil Aui&
now pondipg iu tho Court Of Appeals is not DC.
Citied iii Tina for LIB 10 proceed with tho civil
caso upon tho day fixed III December, We cnn
pluceeu with tho trial Of tho Indictment. Tho
preparation OF ono case involves tho preparation
oi tho other, 30 TINT other can be tried ut that
tlme, aud ws dosiro that one caso Or tho other
should bo disposed Of az soon as possible.
Dibtrict-AltornsY Mlnsiow-I emit here thiB
u,orulug It's q matter Of courtesy. had notice
0f .uutlon served upon tic to AppeRr aud hAva \
time liked for this indictment. ! tbink the pro-
cecding wholly irregular, aud Should not establish
a prcc1dcnt; at loast not by auy action Of minc.
Tno coda docs not provide for any Huch procesd.
Ing. A short tiMo ago. l moved III tho City
Ceu1t tho tlial OF ona branch Of this cauao, but
the Court replied that they could ouly take up
one case at a time, and declined to III day. Tho
criin. con. caso is Set down for the 9Th Of next
month, and I Aaao been at Bomo paine
to ascertain the poait.ou Of dafcndauts
counsel as t. thor position in tho 1nAttor, and
am Informed that they will bo ready mud inkond
day. deny also thatthe Court has tho poaer
10 Tx day FOR tno trial of this indiosment cvon
il the Dluttict-Aitorney does not proceed with 1t.
Es-tudge Mufns--,rho Diatrict. ct.Attorney han
begged the question in tho case. We do not want
to proceed with both casea on tho anme day, but
simply want 1he ea1ne day fixed 30 That IN case
tho evil suit is not ready we can proceed with the
trial OF the Indictment. Tho preparation OF one
caao involves tho preparation VI tho other, and
no shall bu rendy ii both. for both involve
tho ralno questions. T1lo Morlton Case Is not
tho Que thar interests tho people; that IL sde
itauo growing out OF the main lsaue. It tH
tried tirst. We do not ask delay, but simply that
the eases may bo 30 arranged that ono Or tho
other eau DO tried. submit that tho day ahould
deaig1lIted.
District Attorney Winslow-I auppose thst ttha
civil suit Till be ready in January.
E1-Judge Morris-Wel1, II it is expected to so
on i'll January, what harm will there be in doug
nating some day for the tria! OF th,s indictment;
nAd Il the civil suit gooa on will any ha, m DO
thoro l. au intention to try thus isaua IN good
faith.
DistrictAttorney Winalov appeared somewhat
nettlod by Hr. Morris nHt remark and replied
rather Bharpley: II only wish to 6ay fow
.Morda in reply to COUNSEL So far ~ be days be
t. ready to try This ios1o. a,id is anxious to lnye
trial. am In full sympathy With hin. + alao
beloved that this laauo should 10 triod ut
an carly day, And have never believed in xny
improper or unreasonable delay in trial OF this
kind. So far aB am concerned eitLer PERSON.
ally or officially, | havo onlEe boiof 10 The limo.
celce of tho party accused Ii, this Rcaudal and
hnyB always acted III this bocf."
This remark cauBed BensRtion among tho
Spectators, and ex-Judgo Norris apritging to
his fcot, replied In vigorous touos, "TAon you
have been doing great wrong.h
Dlstrict-Attornsy Wlnslos (yery deliberately
liz that theory Is dangerous tu argue.
emit help it. It IL tho theory
shall act upon personally and officially.
believe in an early trju OF tho iaaue. but eyory-
thing must bo done in ordor. No unsoomly husto
is caIlcti for here, or would bo Justified. III ro-
day for trla, that power applies only to Jail
psiHurofR and those Imprisoned 1or tolouy. Even
IN such eases tho Court has no power to forco
trials, It lbe DiBtr,ct~Attofncy should think It
improper. II tho DiBtrlct-Attorney erra In this.
thneo njutsd have tlloir remedy.
E1-judgo Morris insisted TINT tho Court had
3oWor over its own records, md tho Dis.
,rlet-Attorncy denied tho assertion. Judge
acilson reaoryod hia decision. It appeared 10
20 Tho opinion OF most lawyers plosent that
20 Couit lad not the power 10 folco tho IN.
iletment Mr, T1lton says that it is immatoflal
nlcn case civil or criminal, is tried first, pro-
t!aeA tne question betweon Mr. Beoohor aud
u11solt Do brought before 4 jury at an carly day.