New-York tribune., 1874-11-10
THE BROOKLYN SCANDAL.
Mr.. TILTON'S SUIT AGAINST Mr.. BEECHER
CALLED FOR TRIAL.


CALLED FOR TRIAL.
Mr.. BEECHER's COUNSEL URGE DELAY UNTIL THE
APPEAL ON THE BILL OF PARTICULARS SHALL
HAVE BEEN ARGUED-A DAY SET FOR THE AK
GUMENT AND FOR THE CALLING OF THE CASE
Theodore Tilton's suit against the hev:
Henry Ward Beecher for 100000 damages was called In
the Brooklyn City Court yesterday morning. Juoge
Reynolds and Judge McCue presiding The courtroom
and galleries were crowded with lawyers. politicians
and aers At about 10 o'clock Theodore Tton. Francis
ID. MoultoD, and their counsel. exJudge Fullerton.
ex,Judge Morris, ex-Judge Beach, Thomas Pear
SAIL aud Gen. Roger A. Pryor, formerly OF the
Confederate army entered the courtroom Soon after
they taken their seats DistrictAtorney Wnslow,
accompanied by Mr.. Beecher's counsel Thos g. Shear
man. Cen B. f. Tracy and his partner, Mr.. Hill, came in,
aud courteous exchange OF salutations between the
opposing lawyers followed While waiting for the calling
of the case Mr. Tton cOnversed smlingy with Mr. Mou
ton Mr. shearnan tweedled his speoaces nervousy and
absaiped from conversation; Gen Tracy seemed to be
taking ExJudge Fulertons mental measure. while the
Judge himself cold and mpassve appearedt0 be gazing
into vacancy. Judge Morris apparently chatting for the
legal encounter which was to come sat by Mr.Winsows
side, while Judge Beach slowly stroking his
white beard and evidently in contemplatve
mood. Among the prominent spectators were
Francis B Carpenter Gen. Henry W. socum,
ex-senator Jas Pearce. Judge Wilson, Winchester Brit
toD the Hon. A NJ. Bliss Congressman elect from the
Ivh District. and eX-Judge Troy After several cases
on calendar called Judge Reynolds raped
sharply for order, and the courtroom became
as silent church "Tlton against
Beecher" said the Judge. Ex-Judge Morris in q
very emphatic tone OF voice answered. Ready" T. ].
shesrman behalf of Mr.. Beecher called attention to
the that stay Of proceedings pending an appeal
against order denying bill Of particulars had been
granted II his opinion the proceedings were stayed
for the present. Ex-Judge Morris replied somewhat
warmly the proceedings not stayed far
he a ffiOn Of
held the Court had the right to dispose OF the case
Judge Reynolds answered: "You cannot go on and try
1t now, while the appeal is pending" At this remark
the counsel Mr.. Beecher exchanged smiles OF salts
faction Mr.. Tlton appeared annoyed at the decision,
and his fingers through his hair nervousy, while
Mr. Moulton evinced his dspleasure by movement Of
the head
ExJudge Morris again took the floor to state that the
order to show why proceedings should not be
stayed pending the appeal referred to- was returnable
to-day. He said in concus on: 1--WE ready now."
approval passed through the courtroom, but
was promptly suppressed Judge Reynolds replied that
other side not ready. yet he was prepared to
name day for the trial OF the case. Mr. Morris ex-
pressed the desire that the Court would name the enr
est possible day Judge Reynolds desired to know
what the other side had to say TO this proposition, but
before Gen. Tracy could reply, exJudge Fullerton
addressed the Court said that he the
situation the Court situated that could hear the
arguments on the appeal any He declared that
counsel for Mr.. Ton ready, and hoped no delay
would be had "Ths is a cause should be tried at
En'e it and 's'f5 It's bearing T upon the public: sug
gst that tos apPes pea be dn nerG as o b
these parties come before jury and the contro-
yersy between them be closed We are ready; WHINE
Beecbers counsel had noticed the cause for the october
tcuars could have been made earlier had they desired
to try and not delay the case.
Gen. Tracy addressing the Court declared that the
remarks of ex-Judge Fullerton made for the
purpose of influencing the public and n0t for he pur'
self and his associates they proposed to try the
before court and jury and not Tor the benefit OF the
said that he repeed with and indignation the In
tnation Of that the motion for bill OF partcu-
lars had been made the purpose OF delaying the trial.
He agreed with counsel that the case should be tried at
until the rights Of the parties to the litigation had been
determined fairly TO the grave interests involved He
remarked IN conclusion rather sarcasticay, that when
the time should come for at close quarters
the other side would nd 1t quite close enough Tor their
Judge Reynolds INTERRUPTED Gen: Tracy bylstatiing
motion. The counsel not at all abasned held that he
had said nothing improper and added that ne supposed
should have been heard. Judge Reynolds thought DIFF
ferently He said it was his duty to fix day for the
again aga expressed the hope that the Court would
that the Court would also name time for argument on
the appeal eand his associates wanted no notice Of
bis Ss slde desired saeent tune print their papers
the printing OF papers in this case. Mr. Shear;
man replied that Judge Nelson had requested
that tie papers should be printed He
thought that in the course Of the present
week the printing cOnld be completed Judge Fuller
ton rose quickly said with the of indIg
nant man who thought he being imposed upon,
"I will stipulate TO have the papers printed by ii
O'Clock morning II the other side will let
have them, and we will bear the expense" Gen.
Tracy smiled grimy and said that his side were ready
to print their own papers. But not ready 10
try this case" answered Judge Fullerton. Gen.
Tracy, with some asperity, retOrted "we are
quite ready when you are" Ex Judge Fullerton
declared that ready and getting ready under
pulsiOn were quite different things. Judge Rey nods
Interrupted the tilt by stating that Judge McCue his
associate could spare time to hear the appeal before
Saturday Ex-Judge Fnerton asked for earlier day.
and il finally decided TO hear the argument
appeal at O'Clock ON Friday afternoon. After
three requests ex-Judge Fullerton that a day for
the trial named, Judge Reynolds decided to call the
case ON Wednesday week. Mr.. TtOD and his counsel
seemed TO be very much pleased with the decision.