The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-08-04
THE. YlLTON.BEECHER CASE.

New YORK. Aug. 3.-Judge Riley said in tie
matter OF $ The People vs.. Theodore luton
/ entertained comp.alnt III this case, and issued
wa rant against the defendant, believing it nv
duty to do so. had no kno Wedge Of complain
ant, or his position on the matter; the defendant
was arrested Oh that warrant and appeared be-
fore me personally and by counsel and complain
ant also appeared at the same time when it was
admitted by the complainant, and thus made
known to me for the first time, that the ON
plant was not made with the knowledge of the
person alleged to have been hbelle
Now, while it is true that libel is public Of
fen o. it is also true that it is such an offense be-
cause Ut the private wrong and injury it infiicts
upon the individuals ibelled. A complaint Of
thus kind usually originates nth the persol as
saiied. although it is MT always absolutely es-
sentlal that It should be so, and many cases Oc-
cur whore third parties may interfere without in
lrring Odium or censure.
AS pubic ofense, however, consists in an in
jury done or threatened to an individual, 1t ID
nard consistent with legal principles to assn me
crime from any composition or publication how
ever vlrslent. when the person therein mentioned,
who is generally supposed to be the best judge al
what effects his own reputation declines or Omits
t. prosecute; therefore, the person mentioned in
the publication complained of, is citizen oil
Brooklyn. 10 whom the courts are as accessible
- to complainant. In this case he has not seen fit
to make any complaint and does not unite in this
prosecution.
have concluded at this stage of the case that
it Is my duty to DISMISS the mpainant, not be-
cause the complainant did not have The right to
make it, but because the person alleged to have
been lbeiled does not unite in this prosecution.
But as may be wrong IN my view Ut the law,
will incur no risk Of error in the matter.
sha II not dismiss 1t now, therefore, but give
notice that W u do so on Wednesday morning
ne It al 10 clock, to which time this Court stands
adjourned.
Niy ,ect in thus postponing final decision
being to afford the clanent opportunity to apply
t. the Supreme Court for writ OF mandamus t.
compel me to proceed.
II err in refusing, in this event shall cheer
fully perform whatever may be regarded as my
duty Ill the premises otherwise I saI termlua te
the case already stated When Judge Riley
had finished reading the decision, Mr.. Gaynor
rose and sad does your Honor hold that
under The law have no right to thus complain.
The curt replied that iuasnuch as he was not
supported by tao party hbelled, he had prepared
thus d. cison, and would dismiss the complaint
Wednesday next, il no other stops were taken by
the complainant.
Tn. Judge then stated the case was adjourned.
NV 70 X, Aug. 3. The Brooklyn Eagle this
evening pub .lsnes the following card from II. W.
Sage, CHAIRMAN Of the Iuvestlg gazing Committee
Oh the Bcecher-I Ilton case
fine Plymouth Church Investigating Com
mittee earnestly elucst that all persons who
have been invited to testify before them the
them tomorrow. Tuesday, evening AT S'clOck, as
that will probably b; the last meeting OF the
committee for receiving testimony
The Euge adds that Mutton has not turned
up.
LANCASTER, Aug. 3.-Frank Moulton, the mu
tual friend If Il echer and rllton, Is guest ol
Gcn. Il. f. Batter, at Bay View.