The New York herald., 1874-12-10

General Tracy and TO Mr. Van Cott that he should
prefer, II there we're no objection on The part o.
Of the United states Court. Ex-Judge Fullerton
and MISS Proctor's counsel made no oolec.
s sman me msas ssas ,s. Of ss%e rsaues
to a him. The General sa,d that he had
10 SSecpn SnaS, 70 IT, d9as
representatives OF the press an opportunity @ OF
being there, which he did not desire. One OF tne
nogla prevent any my unnecessary publicity o. ac!s
and names. He was OF an opinioa that tne new 3
Ara 1ass sss J es sasss h sas
as supposed, every oody's business me question
Of admitting he press semasea sa,oT ands6 wbo see
/ in, accompanied by Mrs. Charles Storrs Mr.
Charles ssorrs ana MI Proctor her 1r0thsr
gently impressed upon her counsel her, her de- tas
sire that the press should % De "a admit.ed IN m
public vindication. 1t was ultimately decided TO
adjourn to q room in the United states Court and
the entire party lett MI sillman's mousse toge,ner m
the pedestrians along the one block which they
traversed TO the court large group OF re-
joined the procession. considerably ausmenllng
the formidable appearance Of the group:
States Court building had been Appropriated
for the reference. Two marsnals guarded
s doo, asr the MISS ad 10 aa. o
DER admission to any representatives OF the pre- s.
Before the proceedings commenced the referee
ment by which proper publicity could be given 70
their proceedings WI hout crowding tue room
with a small army or reporters. This suggestion
was discussed and, alter . conference by General
Tracy with the representatives oil the New YORK
daiy pspers an arrangement was maue py wnea ,ea
proceedings obtained. IL Will be seen by the re-
port given below tnat only one witness was
examned-Miss Proctor-and that at the close OF
her testimony q suggestion was made by General
Butler. which resulted In the agreement on she
part OF the defendant. hr. Monlton, to pay the
expenses incurred by Miss Proctor In the prose-
cution q her suit. amounting TO s4'S,o, ana an an
unqualified denial OF the truth OF the charges thas
had been made against her oy him.
THE PROCEEDINGS
Mr.. Tracy-lf the referee please, this action is
brought by the plaintiff, Miss Edna Dean Proctor,
against the delenaant Francis .. Mouiton, 70 re-
August last The TACT that The ease Is to be tired
by referee VIII dispense with the necessity OF
the l;oe as set out IN the complaint the grossness
OF its character and the widespread publicity i
an old resident OF the State OF Massachusetts, bat
she has spent large portion OF her time In Brook
lyn, and Is known, as sne Is widely known
throughout the country as q literary lady, having
published several works OF her own. The suit Is
not brought oy this paintin Tor the purpose OF re-
which she seeks by the action is an ample and
compile vindlcation OF her character ana
nan h ro ha ne Se oSeet and us e on
object OF the action. We expect 10 show tnat the
plaintiff Is not in any manner guilty OF the charge
but there was never anything in TACT on which
such an lmpu alton could be based Not only was
she not guilty or the offence imputed, but she
never has been guilty Of the slightest indiscretlon
In any manner Win the gentleman named IN this
lioe We expect this trial VIII vndlcate tne char.
acter or the plaiutln In this respect, and that IS
all that Is sought to do by this action. The answer
does not traverse the allegations Of the charge; IL
does not justify or allege that the lady was guty
oil the onence imputed TO her in the libel-the
only allegation in the answer the subject being
tnat the defendant had been so informed prior 70
pretend to assert that bis Information Was true or
that any such fact ever occurred.
General Butler-Ihe answer Is very volum1n.
Gus one and raises two issues. First, an averment
that this was an occasional publication, and
therefore, privileged-tDat Is, there was an occa-
sion for the publication which justified It's being
made. the second answer Is tnat the name OF the
man who made ,he charges, and The manner, time
and occasion IN which they were made were all
set out In the publication, which, under some
decisions, nave oeen held sufficient answer.
MISS Edna Dean Proctor was sworn and exam
q: You IA are plaintiff in this action, Miss rroctor'
q. Where were you born and educated, A.
was born in Henacka, Merrlmac county, N. H., and
In nv native town WI and IN Concord. N. Il.
@ Where 90 you resides A. Framingnam. MASS.
with my mother and sisters, but l spend great
part OF my time IN Brooklyn.
z. WIN you state the circumstances under which
you arst came 20 Bro9k1 n ana maae tne acdnsn u
quaintance OF Mr.. Henry g. BOwen's family In
two years: his sister was very dear friend OF
mine; she was the wife Of Professor Fiske, OF the
Chicago Theological seminary; It was proposed by
Mr.. and Mrs. Bowen that should come to Brook.
lyn and teach their elder children few hours In
tns Day and Tor Il was to receive t regular e sal.
city, and II seemed pleasant ching to me to do,
ana, my mother having approved Of u, came TO
Beecher here then for the first time; attended
his church with Mr. Bowen's family and met him
occasionally on his visits TO the house.
Q. We're You ever member OF his church? A.
was never member OF his church.
q. You wrote and published work called 'Lie
Q. What were the circumstances OF the writing
and the publication OF that book A. Before COM
ing to Brooklyn had only heard the rigid, CALVIN
isuc preaching OF New England, and Mr.. Beecher's
broader views were great delight to me; when
be said ANYTHING especially true or beautiful It
oftentlmes OF noting down these paragraphs for
the benefit OF my mother and friends; In my cor.
Sunday Mr.. Beecher said so and so, Civ.
ing the thought, and almost before 1 knew 1t
lectures or sermons; early In the year 1851 went
to New Haven 70 visit my friend MISS Helen Rowan,
and knowing she was interested IN these sentences
OF Mr.. Beecher took them with me and read them
TO herself and other friends met; she was very
enthusiastic about them and insisted that should
continue the compilation with the view OF making
q book so that all could read and enjoy shem;
had never thought OF the matter before; never
riysIe peaGrs ~ o NV ends
but she Insisted upon 1t so much that when came
back l spoke oil It TO Mr.. Bowen: he took
fire at the idea at once and spoke
to Mr.. Beecher about it and brought
him after the next Friday evening prayer meeting
to hear some OF them read. He was so well pleased
that Ii was decided on the spot to continue the
compilation with the view OF publishing them.
now began to give serious thought and labor TO the
matter, and not long after Phillips, Sampson
Co., The leading publishing house IN Boston, heard
oft and a member Of the firm came to BrooKlyn
to see about securing IL Tor publication. Mr.
Beecner approved OF 1t, 1t was agreeable to me and
the matter was arranged. Mr.. Beecher and MI
Bowen making q business contract with Sampson n
4 Co. Tor their publication In my interest. In the
Iau OF 1857 Mr. Beecher himself revised the manu-
script, giving Ii an occasional hour ne mad
leisure. l suppose, however, that the WORK
he gave II would not be more than two or three
consecutive days; he read them some times IN his
own house and sometimes during his Journeytngs:
when the book was ready Tor the proof reading
went to Boston and spent several days there Tor
that purpose; meanwhile great deai OF interest
was taken In the book and several literary gentle
men proposed names for IL, among others, James
Russell Lowell Mr.. Bowen rave IL It's name Life