New-York tribune., 1874-12-11
TILTON'S CASE.
8 EVIDENCE FINALLY UNMAsKED.

HIS EVIDENCE FINALLY UNMASKED.
ONLY TWO DAYS AND PLACES OF THE ALLEGED
ADULTERY KNOWN TO HIM-MR. BEECBER HIS
CHIEF wITNEss-HIs OTHER EVIDENCE ONLY
GENERAL AND WITHOUT SPECIFIC DATEs-TBs
CASE LIKELY TO BE ABANDONED If A STRICT
BILL OF PARTICULARS Is ORDERED.
Yesterday morning the motion on the order to
show cause why bill Of particulars should not be-
furnished the Rev. Henry Ward Beecher by Mr..
Tilton was argued before Judge McCue in the City
Court, Special Term. The order to show cause was
returnable at 10 O'clock. and promptly at that hour
Judge McCue entered the courtroom and took his
seat. There few spectators present. and little
interest was manifested in the until Theodore
Tilton and his counsel, ex-Judge Morris, appeared.
Then the courtroom began to fill up. Among those
seated in the courtroom at this time were the Hon.
John C. Perry. Samuel Mclean Charity Commis-
sioner Wheeler. Alderman Whitney, and ex-Judge
Troy. Soon after 10 o'clock the Hon. WIN. N.
Evarts and Gen. B. F. Tracy entered. They ap-
peared to be in excellent bumor, and conversed
smilingly for several minutes until interrupted by
Thomas G.. SIearman. brief consultation
took place between the counsel for Mr.
Beecher, aud then Mr.. sbearman opened the
proceedings by reading the order to show cause why
bill Of particulars should not be granted. IL was
expected that Mr.. Morris would follow with long
argument. Instead, however, ne read an affidavit
from Mr.. Tilton and made remarks which Indicated
that in any bill of particulars which the plaintiff
could swear to he could name only two days and
places and that to prove these allegations he would
have to place Mr.. Beecher on the witness stand.
All the other adulteries alluded to, and
which Mr.. and Mrs. Moulton to swear
to, were at times and places unknown; they could
only establish general proof of these. Mr.. Morris. in
his speech and in the affidavit submitted stated
that the sum total of his knowledge of the alleged
improper relations between Mr.. Beecher and Mrs.
Tilton was based on alleged confessions OF guilt
made by Mr.. Beecher and Mrs. Tilton to Francis ID.
Moulton, Emelia b. Moulton. Martha b. Bradshaw.
Florence TIton Theodore Tilton, and Others" and
on letters and printed papers from Mr Beecher and
Mrs. Tilton.
In the course of the discussion Thomas g. Shear
man made modern application of the story Of SUI
sannah and the elders for the authorship of which
Mr.. Beecher got credit with the audience, who ap-
peared in fine humor to appreciate any well-put
point The illusions to the two witnesses who
hunted in couples and told straight stories until
separately examined, as the great prototypes OF
Tilton and tho Mutual Friend, caused general
smile
After the proceedings IN court terminated Judges
McCue, Nelson, and Reynolds of the City Court.
and ex-Judge Morris, b. F. Tracy Thos. q. Shear
man, VIM. NJ. Evarts, and Theodore Iilton retired
to private for the purpose of discussing tho
ouestion as to whether the Court had power to con-
tinue the case from one term to another. Judge
Nelson was of an affirmative opinion, but Judges
REYNOLDS and McCue were undecided. No
decision was arrived at, and Judge McCue
left for home to consider the papers which mad
been submitted by Messrs. Shearman and Morris.
BE cannot file his decision before to-day. and prob
Ga. oxIth thaf al wv for
Monday will not therefore go on In all probability,
rs indicated else where there will be no trial Of tho
| case in this court. Judge McCue will undoubtedly
grant an order for the bill of particulars; in all
probability it will be Of very strict character, and
in that event Mr.. TiltOn will decline to furnish
BILL the suit will be dismissed, and possibly Few
one begun elsewhere. This the provisional pro-
gramme of his lawyers last evening; depending. OF
course on the character ohe bill of particulars
quired by Judge McCue.
THE BILL OF PARTICULARS DISCUSSED.
DESPERATE EFFORTS TO DEFEAT THE CLAIM OF THE
DEFENDANT-AN ORDER PREPARED AND SUBMIT
TED BY MR.. ACKNOWLEDGEMENTS BY Mr..
EvARTs SIGNIFICANT REMARKS or JUDGE
M'CUE--AN ORDER TO FURNISH BILL LIKELY
TO BE ENTERED.
After the court had opened and the lawyers
OF the defendant nau cCnsuNeu lOr lc" Hoiehes'
Judge MeCue called the attention Of counsel 10 the ar
gument before them and the proceedings continued as
follows:
The Court-Mr shearman. are you ready with the mo-
Mr. shearmau-we are, your Honor
The COurt-Mr Morris, are you readyf
Mr. Shearman-it the Court please this IS motion RI,
pewng an application for bill Of pIfeuars as it
is called under ap order ihat tue panh Dc
attorney at some reasonable tune hefore the trial.
staleme Mt In writing verified by bis ostn OF tho
ocular times and places at which expects intends
prove that any acts OF adultery or criminal inter
of the plaintiff. ami why should nOJ be precluded
from giving evidence Upon the trial or any such acts nos
not have such other relief may be jnst.
This to show cause was obtained unoD he afia-
WITS formerly read ard with whlcn your Homer having
sat the appeal 10 the General Term Is familiar upon
the complaint the answer the affidavit OF the defendant
and the affidavit OF .. j. CausOn, pee Oci. IT, 1874,
which set forth The statement OF the pli1iif published
The Ner York Graphtc 10 which be alleged mat These
aud 1t was obtained, further upon a new affidavit OF
as il simply states fact OF the appeal TO the General
Term the appeal 10 the Court OF Appeals the reversal
Ii ,9s for further Sction The hat we had not
at the time OF making this affidavit received the
MOTION could not be made before Thursday in con-
SEQUENCE or the Necessary delay IN obtaining
the onnion OF the Court and reMttr ana the absence
of MI Eyars. Mr.. Evars has but Just returned this
morning Aud am sorry 70 say that tue cpIaon OF the
down, although we applied for 1t immediately under
stand fact 10 be hat the opinion as published IN tho
newspapers the first draft OF the opinion ana before
fine Judges send IL in official form they prefer 10
revise IT, simply to see that there are no small mistakes
"a TO the volumes OF reports and TIE dates aud such
ike matters. I understand that tic plaintiff has an
a0idavit TO read, which lie will now read.
rIIroN ABLE TO SPECIFY ONLY TWO INSTANCES OF
ADULTERY.
Mr. Morris who the only counsel for Mr.. Tlton
present. (Which tact gave origin to rumor that on the
conclusion of the Mouion case exJudge Fullerton
Roger A. Pryor and Judge Beach had withdrawn from
the Triton easel then read the following AFFIDAVIT:
IT Theodn