The New York herald., 1874-12-27

there nled into the hall OF justice General
Tracy and Counsellor Shearman. counsel
for the reverend pastor OF Plymouth church. Mr..
Beecher and Messrs. Beach, Pryor and Norris
the legal advisers OF Theodore Tilton, the plaintiff
For NAL salutes were interchanged between coun-
sci in court. The attendance in the gallery was
unusually slim, the people, as local legal lumnary
remarked, desiring "a rest for the hoidaysn
The object OF the assemblage OF counsel was in
compliance with the order OF Judge McCue CON-
mandlng the plaintiffs attorney to appear and
show cause why tney should not comply with the
order OF the Court granting Dill OF particulars to
the defendant setting forth the particular times
and places at which the alleged acts OF adultery
were committed between Mr.. Beecher ana the
wife OF the plaintiff.
Mr.. Shearman, on the opening of Court, sald
that, although the plaintiff had appealed, he had
obtained no stay OF proceedings, and they had
been unable to come TO any agreement as to the
time OF hearing the appeal. He then read the
stipulation which had been served on Mr.. Tilton's
counsel, which has been heretofore published.
Mr.. Shearman said the counsel expected for the
appeal were present, and on his side IL was de-
slrable that the BIZ should be promptly argued
wirh or without the bill OF particulars.
Mr.. Beacn was not aware that the stipulation
alluded to had been served. From the aiidavit
upon which The present order to snow cause was
granted 1t appeared tnat in an interview between
MIR. Snearman and himself an attempt had been
made to agree upon time for the argument OF
the appeal. Mr.. Snearman was Informed by him
tnat he had an engagement which would occupy
this week, so that attendance at the General
Term would be difficult. The affidaWt also
showed sd, ed t1at at the interview ne !Mr. Beach!
sGd Mr. on e inat ne snd ha
had not seen any OF his associates In this case
until tnat morning, nor had ne seen his client;
argument Of the appeal before the General
Term. While ne was anxious to expedite
Its forms for u bill OF particulars, and while it
was apparent to the Court Jnat the plaintiff has
at as early day as possible, he was not disposed
to be driven into any argument OF any motion or
the trial oil any case. The only knowledge ne had
that the order to show cause was granted was de-
rived from the public prints, and they did not con.
tain any ailusion to the circumstance that there
mad been a stipulation proHered at the time or
the serving OF these papers. The motion counsel
for defence regarding this order was most extraor
Mr. Shearman said he supposed this was only
preliminary discussion and he was not going to
enter into lengthy reply.
day next week would be convenient to have the
matter heard, to which the counsel replied that
enter into any stipulation in regard to this mo-
tiOn. As to the decision HIS Honor might make
upon In. tnis oraer 70 snow cause II IL was satisac-
deavOr TO rectiiy 1t.
Mr.. Shearman remarked the counsel (Mr. Beach)
was the senior counsel in the cause. On their
side (the speaker's) the younger gentlemen asso-
ciated with him always let him see every paper.
Tney informed him Of every motion. OF every step
that Is taken in the case, and they did nothing
without his advice. The learned gentleman on
the other side complained that he never knew
anything OF what was being done He never sees
copy OF the papers. 1t s true he Is never con-
suited as to anything that shall be done, and that
was SUFFICIENT ans wer to all his complaints that
his proposition OF Monday mad not been taken.
Mr.. Beach retOrted sharply, saying 'sThe gentle
man will allow me 10 correct him. AS matter OF
fact which he Is asserting out OF the papers, and
i'll all its length and breadth, In all its details, in
every syllable which the gentleman has uttered
upon that subject, he is utterly incorrect and un-
true.n
Mr.. Shearman explained his position, and Mr..
Beach again spoke, and the debate was continued
for several minutes until the latter appealed to
the Court asking whether HIS Honor would per.
init any such lmputatlOn on the counsel. sThat
they are 0lshonorable and violated their stipula-
tlun.n
Mr.. Shearman smiling benignly and addressing
the angry counsel for Tilton said:-"You are not
dlShOnOraDle SIR No gentleman Is so TAR from
being dlsnOnoraule."
Judge McCue suggested that the defendant's
counsel withdraw JnS order to show cause. The
counsel Tor Mr. Beecher then said they would with
draw the order, and they would accept the affl-
davit as a bill OF particulars.
The counsel finally withdrew and consulted as
to a stipulated time for arguing the appeal from
the oraer OF Judge McCue directing bill Of par
ticulars. 1t was agreed that the argument should
TRe time OF trial Will then be decided upon.
Judge Nelson declined to order new panel OF
jurors Tor the event. as panel had been ordered
at a great expense to the county at the present
term and he would wait until 1t was decided when
The trial would proceed.