The New York herald., 1874-08-04

with the person assaied although II Is not always
absolutely essential that this should be so. and
many cases occur when third persons may prop
ery interfere without lncurTing odium or censure
OF any kind AS the public offence, however. con-
sists In the injury done OF 70 tue indi
TO assume crime from any composition or pub
lcatiou, however ylrulent, when the person there
in is mentioned, who Is generally supposed to be-
the best Judge OF what Affects MS own reputation,
declines or omits 10 prosecute therefore The per-
son mentioned in the publication complained OF
Is a ctazen OF Brooklyn, to whom the courts are as
accessible as TO the complainant, and in this case
he has not seen Mt to make any any, complaint, aad
1 have AVc concluded at this stage Of the
case that 1t is my duty TO dismiss tne complaint,
not because the complainant did not have q right
TO make IT, but because the person alleged to have
been hoeleo does not now unite in the prosecu-
ton; but as / may be wrong IN my view OF the
law viii incur no risk OF error In the matter. l
shall not therefore, dismiss 1t now, but give notice
that VIII do so on Wednesday morning next at ten
O'Clock, TO which time the case stands adjourned.
My object ia thus postponng the hnal decision
being to AFFORD the complainant an opportunity 10
apply TO the supreme Court Tor writ OF manda-
mus to compel me to proceed, II am in error in
refusing In this event ] shall cheerfnlly perform
whatever may be regarded as my outy in the
premises otherwise shall terminate the case as
have already stated.
Mr. Gaynor-Do understand Your Honor TO
decide nave not q right TO make this complaint
JUDGE did not so state.
MIR. Gaynor-Tnen your reason lor leaving me to
apply to the Supreme Court Tor writ OF man
damus to compel you to proceed is because the
party ibelled does not unite with me In the prose-
Cut1on OF the Q0enudntI
Judge-That Is the reason.
Mr.. Gaynor then stepped up to the Judge and
stated TO him in an undertone that II ne would
hear him moment he would Withdraw the COM
plant.
Judge-havlng postponed The case cannot do it.
OPINION OF THE JUSTICES DECISION.
Mr.. Morris sald in conversation with re-
porter. that Justice Riley was perfectly right in
his decision. Ii he had done otherwise he would
have been severely criticised by one OF the TWO
factions which this great scandal has made. The
counsel did DOT think the complainant Gaynor
would be 30 foohsh as 10 carry the matter 10 the
Supreme Court.
MIR. Gaynor, when questioned concerning his
intentions, remarked that he had not yet decided
whether ne would carry 1t to the supreme Court.
AS to the decision OF Judge Riley, he did not know
how to consider IT, as the Justice had acknow-
ledged that he (Gaynor) had right TO make the
complaint, and further acknowledged that 1t was
renabe. Why he should dismiss 1t was Deyond
the compalnants comprehension. The general
sentiment oil the community upon the decision was
favorable thereto, as no person OF intelligence
recognized the proprlety Of dragging Mr.. Beecher,
Mrs. Tilton and other people OF refinement before
a Justices court, where earthly good was to be
attained by the airing OF the scanda for the mere
qualification OF prurient curiosity on the part or
dISlQ ted people.