New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-11-14
REMARKS on TIE TINE OF TRIAL.

The expected argument before the General
Term of City Court OF Bro0xn on the appeal from
Judge NELSON'S decision denying the moon for Dill OF
suit OF Theodore Tton against tho
Rev. Henry Ward Becher came OF yesterday afternoon
before Judge Reynolds and Judge McCue. Tlis court
room seems illadapted the OF exciting pub
lie displays for the Accommodations for spectators arc
exceedingly limited, and consist OF narrow strip OK
space filed In with benches, while the Bar has reserved
for its working extensive area; but the room
was amply sufficient for all who witnessed the proceed
ings OF yesterday not all the seats being occupied
either side OF the attorneys railing Those who were
present. however, paid tho most absorbing attenu ~
and time forgot the uttered sentiments OF the
distinguished counsel met their approval the decorum
due Of JUSTICE although at one time there was
the faintest kind of demonsration-l whisper merely OF
commentator or dsapprobaton, the case might be
at n boli declaration made by Of tho counsel Mr..
Tton himself present before the hour set down for
the argumcnt-2 D.. m-and sat with his chair
tipped back slightly, serious in countenanee.
His counsel. exJudge Beach and ex-Judge Nor
ris, sat one at his side and the other behind
him. Mr. Beecher not present during the day. Dut
Mr. shearman represented his interests actively with
his associate Mr. Tracy. The arguments were made by
Mr. shearmap. who opened and closed for the appeal.
and by exJudgc Morris and Mr. Beach for the respond
ent The entire argument was enivencd, as VIII 10
SEEM by personal nterchanges which were Sharply and
forcbly At 300 Judges Reynolds ana McCue took
their seats on tho bench and the former asked Tho
counsel IL they were ready to argue the case. Mr.
Sherman replied in the Affirmative
Judge Reynods-Proylded this motion should be de-
cided IN time for tho trial OF the when IL reached
on the calendar set down. VIII still be necessary 10
make some extraordinary provision for jury l. might
be well if the counsel can have some understanding
about IL now whether the Is really to he tr1d
next week. or whether some time further OK shall 10
fixed so that the Court may know how to make up It's
business.
Mr. Beach-hu the answer we can make is on the sug.
gestiou of Mr. Tton that we ready for the trial of
this case and TO tryt at the earnest pcssioe
day the convenience Of the Court will permit a. TO ths
order the time, disposed 10 leave IL entrey 10
the discretion Of the Court consulting the business upon
its calendar. All We IL to urge most respect
fully upon the that DESTROYS of an imme
oioe trial of this case We shall be ready for 1t on
Wednesday, the day upon which 1t IS set down,
and shall then be prepared, under 'he
pleasure Of the Court, to proceed with the triai.
Nevertheless certainly do not W. to press the duty
upnn this Court OF the trial or the ~ uhtsN u - ~
entire harmony with the business upon IT. cJlcnar anu
the personal convenience OF the Court. question: Wls
Honor the other day IN ftarh 10 tue
of trial of this Case AS YOU are aware thecH
eaver, pending M TINS court, against
Mr. Tlton and against Nj. MDultol aud youriOno
will recOiPct that the Dsfric;-Mtorn'Y hONeu me
tr,'l nj Mr. Mention We nss.ed tnat we regarded 10
Tor the interest the parties well rs for the com
muuiry. that the preliminary action her ino c,tn
action brought by Tton against Bee che, or eiss lhe
hn any other issues gro Sns Of this
orir IN regard 70 the tine Of trial rs action that II
should be VITA reference to that i!ea winch VIC suS
No sooner had Mr.. Beach concluded than Mr.. Shear
man lcaped his feet aud very sharply c'hhcrtvI'
with nervous gesture and contracted DioWS, upon Mt
Reach, Alteration" | have Deeu oeDtines, sand
he the associate Brother Beach, and rrtt to have
to this Is the first occasion on WhS "fS 80, I'm
plain of little want OF candor on his part con- pe
eve enacting any kind OF farce Ge.o.e the Conr -
d aying any sort OF pretG1ses or puns on any so4t Oh
fectatiOn. Mr. Beach knows tEiL NJ Morls anu NY
self already agreed to SUCCESSION 81 one Oh tAe
members OF this Court as TO what shOiii 10 uone 10
these cases. Neither side has asked FOR rI1y anu tis
crni ia "a ear for the traI rs Mr. Il cs cheat
siby can be, We had agreed before coming 'bto anIs
room this should not DC tried "nt the nrs'
Mr. SueaIaan's struggling words brought fash 20 Mr.;
Beach's face aud strvIng To appear eiliey coo aIo
more greved than Indignant he riad3 prompt io?by.
applying IL severe rcbuke To th" ient!ly,oL tne
SIR he began with dignity, at the annoInGrmGnt thal
there has Ueen any agreement or @
greatly astUnshed that gentleman WIN whom
have been very pleasant terW' sh.uld implte
10 me an affectatIoa the expression or me
desire OF my for speedy trial aa Operating upon
the public sentiment. tnink there was 40 lmpropsIety
m saving to ,ou that ANXIOUS for speedy iIaL
certainly did not nnpute TO the othcr sue any ihef
ton OF delay and consider II no, oay Of t
court should undertake TO inpCts 70 ne hyp'eri''A
aftctaon of al earnestness DO not ? 1s'es'
Mr.. Shearman-This is the second Time.
Judge RryuodSrhere. gentIeneA. We r'qn'Fc no idr'
Their discussion this point. ,.,
Mr. shraTnan simply SAID, them that they desired n
consultation with the senior counsel ot Mr. Bcrcner
Mcssrs EARS and Porter before they could agree nou
any early day, ami that Is why they Thought - 10 pN
IL OF for Little iimr, those gentlemen htd AT preseh
business gaSt:rcu's they could not SnJ:H. -,
Mr. each pcrtinac'0us IN rag"rf 10 hot put'lna
off tins case until subordinate Issues clul BE- tr d. M
Tracy .aid resisting the poser oil the Con-!
10 regulate any her court hy ii5JUBtnn OK
this ease. Regulate the course tai ct'o sho"i k"
with reference 10 tc ciinin proceeding .inss MJu
tom Judge Reynolds na ny san the proper WY ""ui
be 10 the stand Tor next We1rs y a. set do"n
ARGUMENT OF Mr.. SHEARIAN.
The question of time having been disposed