New-York tribune., 1874-12-24
THE SCANDAL SUITS.

ENFORCING THE BILL OF PARTICULARS
MR. TIITON DIRECTED TO SHOW CAUSE WHY THE
BILL SHOULD NOT DE FURNISHED.
,ThOs G.. Shearman and b. f. Tracy, coun-
sel for the Rev. Henry Ward Beecher appeared before
Judge McCue In the City Court yesterday and moved
for order requiring Mr.. Tilton's counsel to show
cause why the order granting the bill Of particulars
should not bo enforced. There few spectators In
the courtroom, and the proceedings were brief. Mr..
shearmau making his motion said that he had en-
deavored to induce the counsel the other side to
name day for the argument OF the appeal from the
order granting the BILL His efforts, he said, had been
fruitess Again, the bill had not been furnished as Or
dered He referred the fact that the trial Of the scan
da suit set down for the first Monday in January
and concluded by expressing desire to proceed with
the trial on the doy named
Gen. Tracy, addressing the Court. said that the
defense had endesvored to induce the complainants
counsel to upon day for the argument Of the ap
peal Instead of arranging for the argument the c0un
sci the other side referred him from one to another
and the consequence was succession OF delays Mr.
Tracy stated that counsel for Mr. Beecher desired to
try the case on the first Monday In January and this
was one why motion was made for an order to
show cause.
Judge McCue remarked that as II had been intmated
him that his order for bill more stringent than
the opinion which accompanied it, tho order might be
modified.
Mr.. shearman replied that Mr.. Beach and Mr. Evarts
at time the point of agreeing upon modi-
fcaton.
Mr. Evarts was about to consent to the desired mod
IfcaiOn when lie received O note from Mr.. Beach
stating that modification would prevent the argi-
mcnt Of the appeal. Now" said Mr.. snearman, the
defense want tue appeal argued or else desire the Dill
We want something done which will enable us to pro-
ceed with the trial OF the in January We will not
take dismissal OF the complaint. Council then sub
mitted the following AFFIDAVIT:
MIR. SHEARMAN's AFFIDAVIT.
CITY COURT OF BROokLYN-Iheodore Tilfon agt.
Henry Ward Bcrcher.-Ciiy and County OF NrW-fOrR,
s.: Thomas g. shearman being duly sworn, says
an OF the attorneys and counsel for the de-
2. An order was made herein at Special Term. the
O;h lnst requiring the plaintiff to serve upon the de-
copy OF such order upon the plaintiffs attorneys. bill
OF particulars In this action.
in ormed and believe by clerk OF the 1 deiendans
torney's In tins cause, on Dec. II. 1874.
Ten days aye expired since surh service OF the SAID
order, and no hill or particulars or any kind whatever
has been served by the plaintiff upon the dcfcndanps
s. The plaintiff has appealed to the General Term OF
but has 0btaued stay of proceedings upon such mp
January term tins Court. having also been
previously noticed Tor trial by the defendant aud note
6. have had several interviews with VIM. A. Beach,
the senior counsel for the plaintiff in this cause aud al
fendant hereiD has also had interviews with Mr. Beach
for the purpose OF ascertanng what arrangement could
said. MI. Beach stated, boih to Mir Evarts TO
the objections of the plaintiffs counsel TO the order
related 10 certain portions Of IT, and might prOba
bly, be cured by a stipulation TO amend the order sew
tra % s ors and h S na s M I
tween Mr.. Eyarts and Mr.. Beach found to be
accept the propositions OF Mr. Beach stating that aer
consul tatOn with Mr. TltoD me- Mr. Beach. found that
nna, heinz nrued and Therefore nrcotations for any
modification Of the order would be Useless
T. Immediately upon the receipt Of this letter, called
on Mr. Beacn and endeavOred to arringe time tor the
argument Of this appeal, expressing the entire Wiling
and at any hour. Mr.. Beach stated that lie could nG,
argue himself before Monday Dee 28 but expressed
lls perfect Willingness that Mr. Norris who had argued
the motion alone at Special Term should argue the
appeal at General Terul, ON condition that should
agree TO argue alone behalf OF the defense not
assentcd Assem- and requested Mr. Beach to write lines
that IT would s9lce for me 10 comm1n
@ ee as asls r ht Mr. Morris would accept a. ""'
g. At request. b. +. Tracy. one OF defendants
but have Just received message from Mr.. Tracy TO
the effect Mr.. Morris declines to take Steps u
beach as informed me that should he OF town
Morris to have any interview with him until Saturday
If then. ~ - ,,, o.. .., ,,uo -,
CheiJstice of tins court OH Tuesday Dec the conn
sci for the plaintiff announced IN open court that they
after if should he ordered by SPECIAL Term
urged promise on their behalf as reason for going
TO- This cause will be called for trial on the fret Mon
day of January 1876 and II Is that the bill Of
arcuaIs ordered herein. should he served sufficient
time IN advance OF the trial 10 enable the detenuants
counsel TO prepare for his defcUse Aud the defendant
Is ready willing and anxious to proceed with the tria
that day. and desires 10 have tue que OF the O
of particulars Of at once. The plainh' coun
se nave also declared their readiness and willingness 10
proceed to trial and until within the last four or hve
ays have proiessed their Willingness TO proceed to an
early argument Of the aforesaid appeal having once
gwen a stipulation TO argue the same on Monday Dec
orav and were permitted to withdraw, III consequence
OF the engagement OF Mr. Beach .
H. Tie defendants counsel are ready and willing 10
stuae for argument OF the tald appeal at any day
and hour this week but respectfully submit that an
early day should be appointed for The hcarihg Or IN de-
fuIf thereof that order already made should he en-
furccd by precuding evidence TO any particular
limos or iares other than which the plaintiff has
already giyen 50 as TO prevent surprse at inc tra
Judge McCuc read the affidavit carefully and then
granted tho order, making it returnabe Saturday,
with the understanding that If counsel on each side
should agree, argument on Tue Dill wouu DC heard' Inc
following is the order:
TIP ORDER.
CITY COURT OF ACKNOWLEDGEMENTS Tton agf
Henry w ara Bccchrr.On the AFFIDAVIT of 1. G smear
ndayIt OF T. Gcavey, verified on the 2Jd day of De-
ccmbcr 1874 the order Tor particulars heretofore
made aud on all the Peadngs ana sc .aI
Term OF this Court to be held at the COurthouse IN the
City OF Brooklyn the 26h day OF December lsl NJ
10 a. H., why the palntih should not DC prccuueu ito
giving any evidence TO any acts Of criminal INFER
the defendant and tho wlle VI inc pain
tiff on any other day at any other places than tnCse
and the affidavit plaintiff used upon the motion
for particulars to wit the l0h and l7n
days Of OctOUer, 1853 and tue residences VI lhe pan'
and defendant respectively IN the Cny OF Br0Okyn aI
those times; or why tho defendant should not have
snch other or further relief, be Just with costs
Dated Dec. 23, 1874. a. MCICE; JduBe'