New-York tribune., 1874-12-04
THE PROCEEDINGS.

THE PROCEEDINGS
The announcement that the libel suit brought
by Miss Proctor against Francis D. MOulton on tho
calendar Of the United States Court BROOKLYN drew
a crowd yesterday TO the court building az Montague
and Clnon-sts, long before the hour OF trial. WEen
the doors opened it was hardly characteristic
courtroom throng that rushed It too respecta-
BILE. Merchants VINO had. hurried around tie corner
from their in Fut0n-st. were there, and
there many young clerks. Judge Woodruff was
the presiding judge, Judge Benedict having urged
that he himself ncapacitlted for duty on the bench
by his acquaintance with tue plaintiff Ten ladies', who
were the witnesses friends Of Miss Proctor, wers
the first 10 take seats within the bar.
Then came lawyers who had TO respond
to tho earlier cases on the calendar Mr.
Mouton appeared, with Mr.. Tllton at his elbow,
and eX-Judge William Fullerton followed them. Gen.
Butler associated with Mr.. Fullerton In tAe conduct Of
the case, but did appear. Mr. Tton and Mr.. Mou
took seats at table, each side OF the lawyer
They did say dozen words during the proceedings
They the objective point " sharp sdelong gances
indicative OF curiosity and good deal OF aver
sion from the la lies ranged IN chairs in straight
line along the wall. Then came Miss Proctor with Gen.
Tracy and Judge Joshua 81 Van Cott T4ese gentlemen
are her counsel in the case.
Promptly at o'clock Judge Woodward began calling
the cases the Jury calendar Four minor
quickly disposed Of and the fifth, the judge called
Edna Dean Proctor agt. Francis d. Modlton, for
libel"
Gen. Tracy-Ready for the plaintiff.
QUESTION OF JURISDICTION RAISED.
Ex Judge Fullcrton-R your Honor please appear
only for the purpose OF raising question OF urlsdicOn
denying that this has any jurisdiction in this
II does appear that she not citizen Of this state
The Court-I cannot hear any sucl question as that
here. II IS question of fact Only that I here to
consider.
Ex-Judge Fullerton-T beg your Honor. pardon but
believe mas been the custom to consider such an app-
cation mine. supposed question CT ari'dictlon
was always in order think 1t would be q saving Oi
your Honor's time II the question were considered.
The C1urt-This is 40 tlpe TO consider Il.
Ex judge Fl.erou-Tne papers do not say that the
parties entitled to here. I have relied upon
this question Of jurisdiction entirely, and have made
other preparation at ALL In looking through the books
found that question has been frequently raised and
supposed that would be taken this Instance.
found that it has also been raised OF
when not raised on the trial.
The COurt-T7 the case to 20 on or mott
THE DEFENSE NOT PREPARED.
ExJuige FI.lrrtOu-Wel am not prepared.
Gen. Tracy-We are ready.
Tie COurt-Wcl, u must take its course.
Ex-Judge FulCrton-T am not prepared. VIII your
Honor hear an qcaon TO put the case Of cannot
furnish tie necessary aidavlts at once. but Will do
after brief time your Honor may appoint
The COurt-Do IN erstand that there Is objection
from he prosecution
Gen. Tracy-We object most assuretly to postpone
ment but Of course time may DC granted 70 present
aGIavits.
Judge Fuerton-Seither myself my associate
contemplated that the would be cI.pos Of your
Honor disposed Of IT, and hence not prepared
Tor immediate trial. don't understand how tue plain
If coul come iufO this Court without alleging that she
IS a citizen OF other State. Tie ques so pal.
p.be :AAi nope we Will be excused Tor relying upon
hou flrt tla
Of the afiiayit--
The Court-wril. let It be o'clock.
The ladies AT oacc left the court III holy. NJ Mou
ton amt Nr. TI'ton went away IL comp, and were
followed by Judge Fullerton.
All o'clock chose Interested IN the again gath.
cred within the bar. The proceedings opened by
exJudge Fullerton. who read the following allayits
a reason for postponement:
AFFIDAVIT OF FRANCIS D. MOULroY.
Francis D. Mouton beng duly sworn, doth depose and
toiowr an t4t deicn an' IA tue 4"o'' entited
s-t ana sson thereafter trc 4, nviugthe
alterations contained IN tue complaint aud setting up
cl.l matter TIE ,lO%lug charges occur 10 the cOu-
piant: THAT sad de'cudlnt, Fcauc.s D. " N'lton. is.
Brookvu in the ate New York that ana at the
ue Of the publication 0t sild libel, ms pI'lth Edna
Dean Proctor is and not resident Of the slil
state OF New-Yor nut resident OF South Fr1ningham
in the Comwon%eah 2f Massafhusett ai ,nereiore,
graphs are an there is IN the complaint contained
win reference cIr to tne residence the citizenship
OF the planLf defendant. That, upon rxanination
0f said compliant. my counsel. tue Hon. .JamIn F.
Bnter OF Masslc uusetts, and Wa. FIIer, Ot New
YurK Informed that it was radically detective IN
mat did not state thst the plantR w1,a citizen OF
ome state otner tGan the STATE NwYora and that,
therefore, had right ~ mlntn Ler action. 30
clear were counsel tnIt this point was wei taken
that they informed me mat Unnecessary pre-
pare for trial because, In aer belief. tie Court would
refuse 10 entertain thc c4use. and Consequently lhaye
.de no preparation 10 the way OF suOp1ehahS VIII
ue,ses the trial Of thls action.
further IhatJ have good defense 10 this ac-
non upon the merits. 1 am advised by NV counsel
subpoena numoer oi witnesses TO prov t1s same
AFFIDAVIT OF EX-JCDGE FULLERTON.
wm Fullerton. oeing duly sworn, dom urpose as fol-
oys am one OF counsel for the Defendant IN the
.boveentitled action, ANA Benjamin r. Batter OF Boston
associate counsel. Soon after the service Of the com
paInt IN sid said Butler visited New YORK anu
conferred with me IN ressra 70 sas & D 20 me conei
SION plaintiff had 40 standing in court aaJ tas
the case would undoubtedly be dismissed doh the ,ih
pie inspection or the complaint ltseit Wy tue Co'
We made u careful examination OF tue aulAoli.es on
the subject embracing many decisions of tbe supreme
Court Of the United s:atss' as wen yea S S m rns
Circuit Court. aud could nnd and udu hnu 10 causo
aeoatons OF citizenship were similar 10 those contained
in tne Complaint herein aud relying apoa
Cnnrt 70 dismiss the case any stage
OF proceeding whore Il was evident that proper
fath advised client that he could rely upon
ia , ,s moi incur any expense M nis prrpar.on for
rial and IL has been tor hat reason. reason
aIope that witnesses have been suOpenaed, aud
on made frIher than Ia argue the 1Is,tIon OF
Jurisdiction. That the said Bebjam Y. Butler s
Washington. and not IN attendance upon this court.
thai he relied upsn the dismissal Of tho
BY the Court for hercinbefOro
stated. am informed and believe that tins defect III
the declaration brought attcution OF tho
plaintiffs Attorney and that they have contemplated
u the complaint. and nave asked leave
do II either seli associate counsel had
Supposed Court wvad have refused TO entertain the
question prelnisary the trsA. aud only upon the
Of preparation for the triai thereof
WON'T have been made WILLIAM FULLERTON.
ExJadge FLiestoa-Taoss ars the ontY attdavits
propose read and submit TO your honor IN addition
this sug .eson whether your honor would put
tue defendant TO the expense ef subpospsng wtpsas