New-York tribune., 1874-07-30
MR.. TILTON'S EXAMINATION.

MR.. TILTONS EXAMINATION.
THE JUSTICE URGES A DIsCoSTfNUANCE or THE
sUIr-THE CASE FINALLY ApJoURYED FEW
DAYs-How THE ARREST IL REGARDED on BOTH
SIDES.
| An unusually large crowd collected yester-
day morning in the Third District Courtroom In Ade!phI
St, Brooklyn wherc Judge Riley presides. to witness
the preliminary proceedings in the OF libel against
Theodore Tton. At 10 O'Clock every seat occupied
aud upon the arrival of defendant after, in
company with ex-Judge Samuel ID. Morris the space
around the Judges bench and the aisle leading thereto
were speedily thronged 1t was motley throng that
filed the courtroom the auditors being drawn together
to all appearances by that contagious curiosity which
has been developed since the outbreak OF the scandal
Several were heard and judgments given, and
finally after 1880 a. the name OF William j. Gay
nor was called, and in accordance with previous ar
rapgement he was requested to retire to the private
room, where 1t proposed the case should be heard
Mr.. Gaynor, however, desired the Judge to hear the
in the Court room the defendant and the coun-
sell with large body OF reporters returned Meanwhile
earnest conversation had been conducted by Judge
Riley, ex-Judge Morris, Mr.. Gaynor and others, OF
which the withdrawal OF the complaint was the subject
The latter expressed his determination to press the suit
and wished it understood that he had made the motion
advisedly, and should take step backward. Judge
Riley returned TO his seat and called the case
THE DISCUSSION IN COURT.
names, Judge Riley inquired of Mr.. Morris. What do
you propose do Have you any suggestion 10 make
IN relation TO these proceedingsP
Mr. Morris-Yes Sir IL your Honor pleases, have
few objections have spoken TO the compalhant
here and asked him the question whether this com
plant made with the knowledge OF OF az the suR,
aye been C Informed by him il is made solely upon his
responsibility, and entirely without the Kno"euge
that in complaint of this KIND il is usually and prop
ery made by the person alleged to have peen peeu ot
assent Of that person II is certainly not In harmony
with judicial procedure that complaint OF TINS nature
the knowledge priyy consent OF the party alleged
10 have been injured, or without the knoWleuee oi
while Mr. Tllton is ready and willing to meet
any charge that may be preferred against nm.
sentsd. submit that the forms of law and judicial
procedure should not be called INTO rednson Tor tue
mere purpose OF gratifying either idle curiosity or
giving cheap notoriey to any person MI loh eounes
here of course by process OF the Court wic m e1n ON.
case whether the ends OF justice do not suggest or
rather propety for Judicial sIsSes S con I 70 oe
different conclusion, then would suggest that the
matter stand until Monday, and IN the mean tite
sba SEQ tile legal OF the people OF this
ocanty and = his view, of course he has the sole
suggestion at this stage OF the proceedings as
| think 1t is proper should .r,, In ,o.,o,
for the painant to consent to discontinrance OF
suit Icannot see that any good can come from an
| examination before me. don't know what the motVes
of the complainant haven't any idea what caused
him to come here and make the affidavit; but think
| this case should 60 before some other tribunal.
Mr. aynor-Ii the Court please, what the eouuse mas
said with regard TO the proprety or rght on my part 70
| make this complaint against the defendant Whleh
have think Is entrey without foundation And wnen
he says that your Honor knows that II Is contrary 10 tne
warrantably. will say that your Honor knows as a
judicial officer, and know as member OF tae eonmu
munty that at any violation OF the laws OF the STATE
is at the option of any member OF eo,nminy 70 maze
come forward here simply memOer OF Tue co.nnu.
nifty If this man guilty Of oe ne 81 has inS Soasee sta
urescrbe a punishment for II. l. as member OF the
| community, have right to come forward ana
bring him to justice IL mcmccr vi tie oVInnu, Vs u
nty commits murder and am cognz mt o the fact
is my duty make COMPLAINT ana nave MN ofoueht
justice. II man steals morse aha KNOW ~ !. G Is
nv dnty bring him to Justice lie is VlOator Oi the
law II bes one OF MS teiio~ cillzens ne vioIaes
the law "a murderer does or as horse-tuleI anu y
INV duty to bring him into court to answer Tor II. 1t
ny be sh tIg proeeedps IN court Of tbs kind It may
be usual let IL before the Grand jury Whee tte
re 70 have hun prelninary arrested and brought
before your Honor Aud II Is his privilege mere now 10
ask for an examination before your Honor, II he wlsles
| IT, II not, he waive examination and await the
| action OF the Grand Jury. .,
plainant rightly when say he INFORMED Inc mat us
made this complaint his own responsibility Soey,
on" Mr. Gaynor-I have SAID distinctly that have come
forward by my will as meInber o the community
VINO is IN the observance vi the Laws Oh The
state aud am here TO that the laws Of the State
are upneld a member OF the community AN in
|
member of the community; the law mas been violated
| and / as a member of the community have rIgnt to
come forward and ask that II the party be iound kuty
ma Mr. Morrs-In regard TO the statement made must
di.tinctly deny that any law has been violated ain
very glad to that the complainant Il so very anxious
10 see the laws Of the community upheld Every good
citizen But yet must DC perfectly naest 10 your
Honor-itis certainly manifest 10 ever one heretnu
ment is The motive Is simply " GAIN noto
IS.t,ce Rev-I don't see that the counsel has right
this stage or the prOc2edlngs
| MT Morris-I submit that under the circumstances
"t & ak that the matter stand until Monday In
the mean time consult with the legal representa-
Justice RiIey-That is what was goiag 10 suggest.
am very sorry that the gentleman has not taken slne
other course than bringing II mere however de tls Is
| before me, propose to adjourn It.
| Mr. Gaynor-i ask for examination or that IL be
waived. If he asks an examination desire to nave Mr.
| Beecher aud all the other parues su0penaed here.
Mr.. Morrs-I recommend that the case 80 over until
Justice Rey-Then will let the matter stand over
| until Monday morning at 10 O'CLOCK
| After few momeuts interview In the private room,
Mr. Tlton aud ex Judge Morris entered the carriage in
which they and driven away The business of
the Court was resumed the number OF spectators being
greatly reduced. Mr. Gaynor stated later in the day
that he understood perfectly what he about, and
4 had no idea Of Withdrawing the complaint. He was
convinced that however his motives might be crit
cised aud himself abused he had done the right thing
aud wise thing Mr.. Gaynor published the following
card IN The Brooklyn Argus repeating the statement
which he made 10 TRIBUNE reporter on Tuesday
| ing and In the courtroom yesterday mornings
In reference to the arrest Of Theodore Tton. at nv
instance yesterday IT is proper for me TO say word
took the step absolutely OF my own voon l1stigated
or advsed thereto BY no one Asa member Oh society
Interested in the observance OF the laws had right
10 cause the OF Theodore Tlton for an alleged
nubic onense. dd 50. 1t my own act. ana it
Entirely unknown TO any person directly Indirectly
connected with the Journal on which am enpIoyed.
| Brooklyn, July 20. 1874 WILLIAM JAMES GAfSoR.
STATEMENT OF S. d. MORRIS.
A reporer OF THE TRIBUNE called last evening upon