Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-08-04
BBECHER-TILTON.
The Suit of Gaynor Against TiltOn
For Libel TO be Dismissed.
Some Further Explanation from
Mrs. TilfOn.
The Investigation to Close
Tonight.

NEW YORK, Aug. 3.-The Third Dis
trict Court room, Brooklyn, was again
crowded this morning, by those anxious to
observe the charging phases of the Beeche.-
Tilton scandal. When the ordinary rou-
tine of business of the court had been dis
posed OF, Justice Riley called the libel case
Of GaynOr vs.. Tilton, and read the follow
ing decision:
entertained complaint in this case and
issued a warrant against the defend
ant, believing it TO be my duty to
do so. l had no knowledge of the
complainant or Of his position in the mat
ter. The defendant was arrested on that
warrant, and appeared before me personally
and by counsel, and complainant also APP
peared at the same time, when it was ad-
mitted by complainant and thus made
known to me for the first time, that the
complaint was not made with the knowl-
edge or consent of the person alleged to
have been libeled. Now while it is true,
libel is public offense, il is also true that
IL is such Ofiense on account of the pri-
yate injury il inficts upon individuals
libeled.
A complaint of this kind usually origi-
mates with the person aSSailed. Although
IL was not always absolutely essential that
this should be so, and many cases occur
where third persons may interfere without
incurring the Odium or censure of any
kind. As the public ofense, however, con-
sists in injury done or threatened to the in
dividual, it is hardly consistent with legal
principles to assume a crime from any
composition or publication how
ever virulent, when the person
therein mentioned, who is generally
supposed to be the best Judge of what af-
fects his reputation, declines or .omits to
prosecute therefor. The person mentioned
in the publication complained of, is a citi-
zen of Brooklyn, to whom the courts are as
accessible as to complainant in this case.
He has not seen fit TO make any complaint
and does not unite in this prosecution.
have concluded at this stage ofthe casethat
it is my duty to dismiss the complaint, not
because the complainant did not have the
right to make it, but because the person al
legged to have been libelled does not
now unite i'm this prosecution. But as [
may be wrong in my view Of the law, will
incur no risk Of error in the matter. /
shall not therefore dismiss il now, but give
notice that l will do SO Wednesday next at
10 o'clock A. NJ, 10 which time this case
stands adjourned. My object in thus post
pOning final decision is to afford the COM
plainant an opportunity to apply to tile
Supreme Court for a writ Of mandamus TO
compel me to proceed. If l err in refusing
in this event L shall eheeTfully perform |
whateTer may be regarded as my duty in |
the premises. Otherwise shall terminate
the case as have already stated.
When Judge Riley had finished reading |
his decision, Mr.. GaynOr said: GDoeS !
your honor hold that under the law l have |
no right 10 this cOmplaint?-
Judge Riley replied that inasmuch as he |
was not supported by the party libeled, he |
had prepared this decision and would dis !
miss the complaint Wednesday next if no |
other steps were taken by complainant.
The Count JOannes here rose to speak, |
but eX-,lulsr Morris, counsel for Mr.. Til |
ton, ohiec.cj TO the court hearing anything |
he had 20 say. The court agreed with the !
counsel, and the case was formally ad- |
journed TO Wednesday.
Mrs. TIItOn's Explanations.
NEW YORK, Aug. 2.-The Tribune says
that, in the course of Mrs. Tilton's exam
nation Friday night, the incidents of im-
in Mr.. Beecher's behavior to-
VI ards Mrs. TiltOn, which Mr.. Tilton had 4
alleged had taken place in his presence,
were entered upon. The statement that |
Mr.. Beecher gave Mrs. Tilton an improper
c2ress by touching her ankle. when both
were upon the floor looking at engravings,
was denied by her particularly, beside her
general denial that there had been any im-
proper intimacy.
OF the other incident-the sO-called bed
room scene Mrs. Tilton said she remem-
bered nothing more than this: She was sit
ting with her husband and Mr. Beecher
one day in the bedroom, which is con-
nected by folding doors with the common
Mr.. Tilton went away for a shot time.
aud when he returned lie found Mrs. Til
ton and Mr.. Beecher in the same place
where he had left them, in this bedroom.
Witnesses Called on 10 Testify.
New YORK, Aug. 3.-The Brooklyn
Eagle of this afternoon publishes the fol
lowing card from II. w. Sage, chairman Of
the Investigating Committee:
In the BeecheT-TiltOn case, Plymouth
Church, the Investigating Committee re-
quest that all persons who have been invi-
ted to testify before them or the matter
now under investigation, will appear before
them tomorrow Tuesday evening at s
o'clock, as that will probably he the last
meeting of the committee for the reception
Of testimony.
Still in Session.
The Beecher investigation committee
continued in session this evening. Six
witnesses were examined. consisting of
our gentlemen and two ladies. Two of
he witnesses were understood to be Mr..
md Mrs. Beach, friends of Mr.. Beecher,
whose residence adjoins his farm at Peeks-
Kill. The other lady was closely veiled
md could not be identified. After
eaving the house she was accompanied
" Mr.. Ovington TO the residence of Mr..
}eecher- The other witnesses names |
,ould not be ascertained. Mrs TiltOn's !
ross-examinatiOn will be made public to-
morrow. 1t was stated that Mr.. Beecher or
Ir. Moulton Will testify before the COM
nittee tomorrow evening, when it is be-
ieved the examination will be concluded.
frank Carpenter has decided not to appear
'efore the committee and will write 4 let
eT giving his reasons for not doing so.