The Andrew County Republican. [volume] (Savannah, Mo.) 1871-1876, 1874-08-14

Investigating Committee and the counsel for
Mr.. Beecher disclose that they are extremely
anxious, az are all tine members Of the COM
mittee, to get Mr.. Francis d. Monitor before
the committee. They assert most positively
that his presence is even more anxious,y de-
sired by them than by the newspapers even,
or the general public. Up to this evening
their letters to him. the mission of their
special messenger to Narragansett Pier. 4. l.,
and inquiries and journeys of counsel and
committeeman with that object jim view. had
not obtained q favorable reply from Mr.. Moul-
ton. His business-partner said to-day that
Mr. Moulton would probably be in tow in
the course of the day, and reports reached
Mr.. Beecher's friends by evening that Mr..
Moulton WAS in town, but no word came from
him, and inquiries at his house failed to sub
s~tantiate the rumors. Mr.. Beecher's friends
are now bold in asserting that there will be
given, that can hurt Mr.. Beecher, but that the
injury, if any, will fall upon Mr.. Moulton.
Victoria Woodruff and her sister Tennie
volunteered to talk to the committee this
evening, but they were not allowed to speak.
NEW YORK, August 3.-A summary of Mrs.
Tilton's testimony before the Beecher com.
mittee on Friday evening is published to-day.
Mrs. Tilton claimed that she told Susan B.
Anthony that her husband had accused her of
improper conduct with several Brooklyn gen.
tlemen. including MIR. Beecher. but that she
assured Miss Anthony that there was no
truth ylatpyar in any nf tha charOaa Sha
denies, therefore, without reserve, that she
ever confessed herself guilty to Miss
Anthony.
The Third District Courtroom in Brooklyn
was again crowded this morning by those who
were anxious to observe the changing phases
CT the. Beecher -Tilton scandal. When the
ordinary routine of business of the court had
been disposed of. Justice Riley called the libel
case of Gsynor rs. Tilton, instituted last week,
and read the following decision:
Il entertained the complaint in this case
and issued a warrant against the defendant,
believing it to be my duty to do 80. i had no
knowledge of the complainant or his position
in the matter. The defendant Was arrested
or that warrant, and appeared before me per-
sonally and by counsel. and the complainant
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 COM
plant was not made with the knowledge or
libeled. Now, while it is true that a libel is q
public of'ense. it is also true that it is such all
offense because of tie private injury it inflicts
upon the individual libeled.
Complaints OF this kind usually originate
with the person assaulted, although it il not
always absolutely essential that this should DO
80. and many cases occur where third persons
may interfere without mourning odium or GEN.
sure Of any kind. As the public ~ofrense, how
ever. consists in the injury done or threat
ened to the individual, it is hardly consistent
with legal principles to assume a crime from a
conversation or publication, however virulent.
when the person therein mentioned, who is
generally supposed to be the best judge of
what NAV be lite effects upon his own repu-
tation, declines or omits to prosecute there
for. The person mentioned in the publ, "a
ton complained OF is a citizen Of Brook
Ash- =" "bcaA bHc eC 90 a.
cessible as to the complainant i'll this case
and he has not seen fit TO make any com
plant, and does not unite in this prosecution.
| have concluded, at this stage Of the case,
that it is my duty to dismiss the complaint.
not because the complainant did not have u
right TO make it, but because the person
alleged to have been libeled does not now
unite in this prosecution but, as l may be
wrong in my views OF the law, l will incur
no rick of error in the matter. / shall not,
therefore. dismiss it now, but give notice
that / will do 80 on Wednesday morning
next, at 10 o'clock, to which time this case
stands adjourned. Ny object in thus
complainant an opportunity to apply to the
Supreme Court for a writ Of mandamus to
compel me to proceed. Ii l err in refusing
in this event l shall c%heerfully perform what
ever may be regarded as my duty in the prem
Uses. Otherwise / shall terminate the case
as l have already stated"
When Judge Riley had finished reaiing his
decision, Mr.. Gaynor said: Does your
homer hold that under the law l have no right
to bring this complaint"
Judge Riley replied that, inasmuch as he
was not supported by the party libeled, he
had prepared this decision and would dismiss
the complaint on "Wednesday next, if no other
steps were taken by the complainant.
The Count Joannes here rose to speak, but
ex-Judge Norris, counsel for Mr.. Tilton, OBJ
jected to the Court hearing anything that he
had to say. The Court agreed with the coun-
sci, and the case was formally adjourned to
Wednesday.
The committee have learned that Frank
Moulton is the guest Of Ben Butler. ut Bay
View, Mass. They regard his testimony AZ Of
the utmost Importance, but it is improbable