New-York tribune., 1874-12-10
ONE SCANDAL SILENOED.


do no. recall now which showed that there was no un
g only desire 70 ask II he had letters showing
| friendly relations ] have nothing further 10 ask
Gen. Traoy-We have nothing further
Referee-DOcs that close the tesfmonyi .
answer ia admed or rather rather the publication Of the Libel
| Is admitted by the answer.
GEN. BUTLER EMPHASIZES THE APOLOGY.
Gen. Butler-Understani ling the part Of the plain
til that this has closed the answer s, as have
had the honor to Observe that 1t is stated that there are
two matters In evidence First that this an occa'
siona communication and therefore privileged one'
aud that in the occasion and technical sense this COM
municaton was justified. The second is that he gave
the name ut the time the party made this statement
simply q statement. II this action Is brought simply
for the vindcation Of this lady this liability then rests
upon us. We DENY all unkindness Of feeling
toward her 10 publishing it. We only pposhner ppaanhsr
1t In justification Of our controversy with Mr. Beeene
edge at all that this lady guilty Of anythlne ao
not mean TO aver and for that purpose we shall Iet
her testimony stand IL does stand entirely uncoht
dicted No doubt there will he the nsnuaon we ought
any unjust suspicion. Our full answer therefore, would
go without insisting upon technical evidence nere
been said by her counsel that this action Is simply
brought for her yindicaton without any desire on ne
part for caln the fullest vindicaton she can nave 50
far any knowledge part concerned The
present circumstances. whatever might have IL eeen zen
Innocence We think 1t due TO her to declare tnis,
aud are glad to be able to do. II my learned
this is ali we can do We don't care to 20 technical
evidence, INTO any very voumnous answer which we
seripD As no dam Iges claimed, as understand "a
they are not do nt care to go INTO the Question hs 2,
expenses this body may have put TO In this matter
II friends on the otner side are content We sna
let 1t Dc 50.
NO DAMAGES CLAIMED.
Mr.. Van Cott-If your Honor pleases, 1t has always
been the purpose OF client in the event OF the re-
of large damages this and she has go e1
pressed that purpose with great earnestness on
various occasions, to receive any portion OF
Judgment beyond such would indemnify her TOT
the bare expenses OF her prosecution and vindcation
Her mind seemed utterly, from the beginning TO
abhor the idea OF making this occasion for the re-
cOvery of She has had purpose but that OF
vindcatiou from the beginning OF the suit; vindi-
catOry. not vDdietve suit Tnat has been the deeiso
she has wished to in the taxing OF costs Her
vndcaton is already made and the proof she has g,veu
which has not been controvered ny my edrneu
who have dsclaned ability to do II, or any motvo
prompting them. II our object were to recover large
vndctive damages. We wonid have been permitted 10
iurther aud show tue motives that prompted the
action of the publication or this libel We have no no
tive inducing us to make TINS attempt ana thereiore
are quite willing tO end this part OF the case anu
terminate evdeuce at this point of absolute vnaca
tion of the accused: We accede to the suggestions
side aud the spirit OF the observa
ons which made tdat the purpose OF this sut mas
been attained by complete vindicaOn and that the
damages should be limited 10 sum that would i,deni-
nifty her for tho pursuit OF her rights don't know
that we are prepared to name any SUN II SUN Is
named the other side 1t would probably relieve your
Honor from any trouble on that score do not suggest
any SUN myself. l content myself with saying tnat
shall be satisfied with such rs damages as VIII
be AN indemnity and not vlniiove punishment VI The
Gen Butler-Ifit will relieve your client OF sug-
gestiOu that she desires to get damages may we not
refer TO Honor to enter whatever amount may DO
deemed necessary Tor only for the award
but for the full settlements
Mr. Van COtt-Tne more proper way would be Tor IL 10
be stated that the plaintiff expressly discaims all yn
SayS damages e &sa or 5 SeySna anu
The Referee-Tnat would be matter OF course and
the way in which the matter would be presented Bu,
gentlemen cannot you agree ON thsf DON'T want 10
ene an % on ali s yea h woa sum
the actual expensesi
DAMAGES FIXED AT S4375.
At this uncuro and on this suggestion all the counsel
retired to another for the purpose OF consulting
together and agreeing, If possible, upon sum that
should be mutually satisfactory. After an absence OF
about minutes coansel returned and Gen. Butler an
nounced to the referee that the agreed was
s4,375
Ex-Judge Fallerton-If your Honor please desire to
say addition 10 that which has already been
said feel at liberty 10 say IL DOw as the plain
TN has received vndlcation wnch has been songht
and which she Is entitled TO- aud wnich we are very
bappy In knowing she received. In dong THIS
We i,y no means wish be understood as Intnatlng
that client mas been guilty OF what may be tecIn,
a. ay called a libel In the OF that term. We
believe under the circumstances III winch ne was
placed the time OF its publication and considering the
that time the charges tat nave Ueen
made regard 70 im he was impressed with tine neces
sity OF stating what had been tod nm we 40 hGe ~ e
true. IL was merely told as statement OF what had
been communicated him. Tue circumstances III
which he was placed seemed TO justify MIN in doing IT,
ana dong the purpose OF protecting himself In
dong has called IN question the name or this auy
This he painfully feels aud IL cheerfully willing 10 pay
any proportion he has shown Of expenses mat have
been necessary insure her vndcatOD, but he THINKS
that no great blame should be attached " him.
Mr.. Van Cutt said far the plaintin Is con-
cerued she absOved from raising the question
referred to by his friend Mr. Fullerton, to whether
tine defendant under obligation to defond hiu
self in this WY. As far this considered
remain Undetermined que5nOn
The RefereeAl the Issues III this question presume
now are settled.
GEN. BUTLER SENDS A FINAL SHOT.
Gen. Butler-So far as this plaintiff Is concerned we
are willing to make any aud every reparation, and as
far as the of the world Is concerned quite
willing to that. We do not admit that IL ras not
told us by any means.
Miss Proctor and friends retired, and the great
case was
The last remark Of Gen. Butler IN closing fiuay the
sideshOw" Of the Beecher scandal, as the civil suit
against Moulton has been rreverently called was ac-
ceped by those to whom 1t reported cOntradic
tory the rumors, elsewhere stated fully that all the
cases had been compromised and settled and that this
was the Of the closing act OF the scandalous
drama 1t will be observed that 1t is the only defiant
Beecher.