, 1874-11-16
,TIIITON VS.. BEECHEIs-

Tho argument upon appeal from tho ueoisloh
asainst Henry Ward Doocl,cr, denying tue mo:
lion OF counaol for tho dofondant Tor bill OF
particulars, was heard boforo tho uonotal Torn
Of tho Brookyn City Court yosterday afternoon.
plaintif and alossrs. Tracy, Sherman. aud Hill
for tho defendant. At 2:3D tho cuBo was called,
when Judge 1lcyuolds said 1t would bo necessary
to decide whether tho case Would DO tried next,
"a extraordinary efforts would then have to DO
malo to obtain a jury. Alr. Doacl, rop''ed tint
tuoY would be ready on behalf Of Mr.. Tilton, hut
they would not press tho case against The wishca
Of tho Court. :,
III December for tho thu, witorcisron Mr.. Dcach
remarked tint Bomo resara should bn raid to tho
order iu which these ara to bo tried Tb0ro
aro oi,e or more Indictments growing ous or ,ho
case, and hc supposed tho civil esscs should DO
tsiod FIRST.
Mr.. Sllcarman did not believe in nny farco be-
foie thu Court. and his client was ready; but
MIR. Morris agreed that this caso should not ba
tiled before Dccon.ber. Aftor some argument
as 10 the 1ropricty Of fixing home day IN Docom.
sl,onll not ho tried on "Wednesday nest. but it
woud romain OH tho calendar, md would bo dis
posed OF on that Qhy.
A1r. Shoarinnu tIen opened au argument for
appeal from tho decision Of Judge NaI1son aud
IN support Of tho rights Of Alr. Bcccher to IL
bill Of particulars. Tllts case was moro in-
porant to him than his life, aud moro important
to Brooklyn than all tho brick aud mortar i'll 1t.
Ae then cited Several points Of common law IN
support of bis position that tho Court has power
to order bull OF particulars III any notion, with
out rega'a to its natllTo, subject, or fotfn. !hs
power IL independent of stntntc. and Ia Incident
10 tho genera, administration Of justice, III tho
case found III Pickering IL. 321, bill Of partic
ulars was required upou an indictment for Abel.
The code Of procedure dons not diminish tho
power which tho Court had a. common Inv to
order bill Of particulars, but rather oulurges
that power TIE Court may, in gil
easos. order bill Of particulars to DO
furnished by either party LILO then read
sories OF divorce aud Grim. con. casos, In which
bills had been ordered. In q prosecution for
enlbezzlcnlcnt, ncs vs. Hodgson, Carr 10 p.
A42, anu lex va. Dootyman, 0. id., 800, particu-
lars were ordcred. Although thoro IL no direct
precedent reported III this state u an'ofaer Tor
bill OF particulars IN an action Tor Criminal CON
yersat'on, or for divorce, YET there arc express
proce.!entH IN England and l1 other States of
thoro ara plaiu Indications IN t!'o declsious OF
our own courts TINT 1t is tho policy OF tic law
here, ~ elsewhere. to give tho dofondanss In
snei, nstions tho benefit Of precision, ana s pnr-
Tho Court had 90 right to he ieve Iii: Botcher
guilty of tho aots charged against hin
until ho had bean 30 proven. Cous'scl
sud lo was us Puro and epot!css as
Of tho c,fe enaes it he Lad not committed them?
The Court Lay n right to assume the respondent l
Innocent and tho plaintiff n m!sled nnn. Ihe
plaintiff has t1o times anu places oi tho altogGa
critni.al acss down to flne point, antl no should
not bo allowed to withhold these facts. llo WIS
g!ad to say that aotlona for Grim con. wore very
rare in this State, whilc in England they aro
common enough; hcnco tho proeoaensa III this
state on tho subject arc rare, 1n EnEIand no
man can como into court md whip Ills adyor@
sary (his wifo) oyer the back of man (hor al-
legged paranaour) while lie. moutl, Ii clouea.
This IL just what IL attempted In this
caao. Tllton wants 10 wh.p h!a wife over
air. Beechcr whio hor mouth Is closed, ahe
not boing party to tho action. ue hold that
Mr.. Ti]ton, knowing the particulars should
make them known. No del!cacy restrained riton
from putting lia wife III tue euttorand tramp'ing
on her then irom charging that hn Youngest
outrageous things, though 10 ltl,o couusal) be-
liovol her yirtuous and pure, o,,d respected her
as much MI any lady Of his acquaintance. NJ.
Triton WAS now trying to spring n trap under Mr..
Deochor's feet md asls tho Court to protect
him. THO counsel appealed to tho Court to grant
MI order for bill of particulars chat thcro
should be au end Of this matter forever. This
privilege, Which would Ga granted to tho most
refused ono who had done 80 much In tho
interest OF society and hia fellow-mau. As
| tho matter stands, we don't know now but what
this man Of war, who has been hawking his
for 10 loug time, may, Charge 600 pcts Of
1,ot bo proposterous aud absurd to mako audi au
| overwhelming charge without furnishing the
! tues aud plncoB at which tho alleged ofroases
woro cn1uullttcd2 Mr.. Deechor had epont Lila
wholo lifo for his felIow-mn.l, and now 'ho asks
| for few days' tiulo to think where ho was on
certain days when MIR. Tilton says 10 was aomo-
| whore eIse. Lie spoke Of Mr. DeeeAer not as Il
common lnwyor speaks of lia client but as u .au
I Will, whom lie hoped to stand or fall. II no was
to fal, then tho connso, would full by tho Bao Of
| him noar whom ho had boon proud to live
Hero Mr.. Sherman buiat iuto tears. and as
soou as ho could control Ills rising emotion
askcl pardon Of tho Court for tho Unusual OK
libitfon OF fcoting, and continued his remarks.
what tney %ant 'o aees lof' ID alf; :. Evarts sasa
~ H1sn. nt'ou tnot Saei Lily ~ ~ 'tta e@sa sles