New-York tribune., 1874-11-21
BROOKLYN SCANDAL SUITS,
TIE MAIN ISSUE DELAYED.

IL
Mr.. DEEcUER's COUNSEL DECIDE TO APPEAL TO TIN
COURT OF Ape AIS FROM THE DENIAL or THE BILL
OF PARTIcULARs-NorE OF ISSUE IN TIE CIVIL
SUIT AGAINST MR. MoULToN.
Mr. Beecher's lawyers consulted togethef
and decided yesterday TO make nm appeal 10 Tie Court
OF Appeals from the order denying their motion for
bill OF particulars in the suit OF Mr. Ton against Mr.
Beecher One Of the coInsel for the defense said yes
terday afternoon that they had not then received
copy OF the order. When 1t received steps to
ward an appeal would be taken without delay III inc
appeal Is 10 be decided at the present term IL VIII DO
necessary for the Court OF Appeals to make aspecia
ORDER for the calendar for this already made up
While the appeal can be heard as motion /. cannot DO
set down for Tuesday of this term, after due notice
has been gvenas has been asserted-uness the Court
specially orders it. Whether the Court is likely TO
make such order ia hardly proper for
lawyer engaged in tho u say. Mr..
BE echer's counsel desire that such order
shall be made that the trial may proceed
with little delay. II the appeal is pending when the
day comes which has been set for trial TUESDAY Dec
81 Mr.. Beecher's counsel will for stay OF pro-
ceedngs. They will not make an er parte appcatonas
has been suggested-upou which the Judge could only
grant stay Of twenty days. but motion upon when
the Judge can grant long stay as may be necessary
for the decision Of the appeal II the Court OF Appeals
make special order appointing early day for hear
the appeal 1t Is possible that the SUIT may be be-
gun In the City Court in December II special order Is
not granted the appeal must TO the next term
OF the Court OF Appeals This lawyer remarked that there
had been some erroneous statements in some journals,
which represented Judge Nelson having
part in tho decision of the appeal to tho
General Term from his order denying the bill
OF particulars and asserted that the order was affirmed
judges of three agreed in sustaining It,
The result in the General Term simply an ahrma-
on Of the original order because the two Judges Rey
nods and McCue didi not agree IN setting it aside.
Judge Nelson could not legally take part In the hear
ing or affect the issue Of the appeal in tue General
Term.
Counsel for the defense also remarked that there had
been little Misrepresentation about the character aud
purpose OF Mr.. Evarss question Judge Reynolds on
Wednesday. Mr. Beecher's counsel had not exactly
raised question about the continuance OF the case
from term another, proposed to use an argu-
ment based such question for the transfer OF tho
to higher court. But as a matter OF law. II
no result were to be reached by tho end
OF a term in which the were began. tho
proceedings would fall through. Mr.. Eyarts
inquired If there would be tme under the eircumstan-
70 finish the before the end or the December
term of the CITY Court suggesting tlat ae .ern wo uld
end Dec. 81. Tie Judge thought that there would DO
tme the tcrm consists of full four weeks and prop
ery extends saturday before the .st Monday IN
the following mouth, when the next term besihs'
Mr. Titon. was slightly perverted in report OF con
yersation with hn ia IHE TRIBUNE ot yesterday. lie
was represented as saJlu tndt, ot SOuib
Of Appeals, decisions must be rendered within SIX
months after the appeals are made. Gen. Pryor sald
that the appeal not heard motion, II wo1.d
s be rendered in six months Dy reason ~ tue rapioly
with which the Court OF Appeals works of Its calendar.
Tue unexcd order the appeal Tor olll OF par
teuars fled yesterday b. Morris Prarsall attor-
neys for Theodore Tlt0n:
Atls General Term Of the City Court 0! Rrook he'd the Court.
CITY Bookn the 9h da Of SOy11e 1874 pesens
thlon e. Reynolds the hCde judges Theodore
Ton pnf ard respoacea sst Henry War be.eheT dSiant
and appelalt: j.,
catered In ths action the 9th dag OF
1874 she deBIsns action 20 compel tIe pnan
statement
particular places wB.ch the pIus Intends 10
adultery criminal intercourse ooz pace be-
wife plaauf
places shcn he Intends a2t ne teenfD
aauley Iooufo haYlg oeea
beard General Term,
Morris Pearsa foT plainhf
Ee. Inomas q. Tor the ppeI-
lau william a Respondent.
Oreci tb said osde be All TIE Tspeets
affirmed, wistort coHs
Tracy Catin and BroadIead, counsel for Miss
EdDa Dean Proctor in ner SlCCJOO >uIt Tor camagcs
against Francis ID. MoultOn for alleged Uei, filed nOto
Of issue yesterday the United States Cgeut Court.
Eastern District OF NewYOrk, jury term. petit jury
has summoned Tor tic hrSt Welucs1IY "a Dceem-
Der, and the Will then be cAllc! Ia the Circuit