The New York herald., 1874-12-04
THE SCANDAL.

The Edna Dean Proctor Suit for 500, 900
Damages Against Frank Moulton-
The Case Called for Trial I'm the United
States Court-The ssMutual Frtend'so
Legal Advisers and Their Misappro.
hens1on as to tho Jur1sdiction or the
Court-Trtal Set Down for w edncsday
Next.
Before Judge woodrun.
The United States Court room, In the building
corner OF Montague and Clinton streets, was
crowded TO replet1on yesterday BY fashionable
assemblage OF gentlemen and ladies. The attrac-
ton was found In the announcements that cause
No. 6, on tho Circuit Court calendar, would be
called, and it was generally known that that
numerical was the key to the great scandal case,
the suit OF Miss Edna Dean Proctor, authoress,
against Francis d. Moulton, merchant, the ex-
"mutual riendn Of the pastor OF Plymouth church
and Theodore Tilton, the tempesttossed ex-edltor
OF the independent and Golden Age The suts is .
cfvii one to recover the sum Of 100000 for having
rs alleged, caused to be published in his estate
ment' an aspersion upon the unblemished charac-
ter ana reputation Of the plaintiffs.
miss PROCTOR ENTERED THE COURT ROOM
shortly before eleven O'Clock, accompanied BY her
counsel, General Tracy, and took her seat within
the incosure near the door. She was accompa-
MED also by several relatives. The complainant
is o brunette, tall and slight She has dark,
bright eyes, o rather pretty mouth and wen de-
nned features Her age may DO In the vicinity OF
forty. She was very elegantly atttred, wearing
her hatr toupe. Her nat which was OF the turoan
style, was black velvet, richly trimmed with an
ostrich feather Of the same sombre hue, lace and
beads. The dress was black SILK, trimmed deeply
with velvet, long cloak Of the same material and
canary coiored Kid gloves. Her ornaments were
gold and pearl and she gracefully manipulated
large ian during the proceedings.
PRANK MouLToN, THE DEFENDANT,
looked wen, despite the ordeal which he was to
undergo and conversed quietly with his counsel,
ex-Judge Fullerton, by whose side ne remained
seated. Judge Woodrnr TOOK his position on the
bench at eleven O'Clock and proceeded to dispose
OF the four cases which preceded the one In which
the interest was centred. When he finally
called the case OF "Proctor Va Moulton,n General
Tracy responded Ready" for the plaintiff.
Ex-Judue Fullerton replied that they were not
ready, on the part OF the defence. They denied
that the Court nad jurisdiction in this case, as 1t
did not appear IN the complaint that the plaintiff
was . citizen OF this State.
Judge Woodruff said he could nor entertain .
question of Jurisdiction now. He was here TO
hear questions not OF law but OF TACT and did not
! consider question OF that KIND In order.
Ex-Judge Fullerton presumed that the question
OF iurisiIction was one winch was aiways IN order
He believed IL would be saving OF time to the
l court TO consider IL. IL needed but little con-
I slderation 10 show that the complaint did not
4 SHOW tue right of the plaintiff to come here.
| Juuge woodruff then remarked, Then you are
not ready,n and the Counsel replied that they
/ were not prepared 70 20 TO trial Ior that reaSon
! He was ready show tnat the question raised has
been frequently beard on appeal and writ OF error,
/ and had supposed the question would be accepted
! by HIS Honor. As It Is, however, he was not
ready.
Judge woodrun .sharpiy1-It must take the
ordinary course.
ExJudge Fullerton said he was surprised and
would have, therefore, 70 ask the Court for TINE TO
prepare afldavits upon which 10 base motion for
J postponement.
General Tracy said they objected to any post
ponement other tnan sufficient time TO prepare
the afidavits. To winch the counsel Tor defendant
retorted, saying they had supposed the question
would be heard as II was according to the practice
and usage Of the Court Iney had made no prepa-
ration.
The Court gave the defence until one O'Clock TO
prepare the afDdavils, and then majority OF The
| spectators Quilted the court room. Wnen the
time had elapsed and me case was resumed e1-
Judge Fullerton read the following
AFFIDAVIT OF FRANCIS d. MoULToN.
| a Eastern Dts,t1 Of Nep Fork, County W KINGS. CIV %
Sroottya, @.i-Francis D. Moulton, beire duly sworn
tbs above epunsd action, the aopanisint uas carved