Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-12-10
Considerable Skirmishiug among the
Counsel In the Casa Referee
Appointed, and Plaintiffs Tes-
tIm0ny Taken.

u
supposed to be the main charge, and
they eontended that they could prove
that they did not expect to sustain the
charge; they only wanted TO say that it
was told to them-not that it was true.
They confidently looked forward to q
complete vindieation of both parties.
After the order for the referee had been
entered in court aud the stipulations be-
tween counsel fled, the counsel pro-
ceeded to the house of Mr.. Silliman, the
referee. There they were Joined by Gem
erai Butler, of the counsel fOT MOultOn.
A conference was held as to whether the
reference should be open to representa-
tives OF the press.
General Butler opposed the admission
of reporters, or anyone outside OF wit
nesses. Miss Proctor was willing that
reporters should be admitted, as was
General Tracey. 1t was finally decided
that the press should be represented un-
der certain conditions. The party then
went to the United States court build
ing, where reference could he held, aud
plaintiff altered her complaint so that
at the time Of the commencement OF the
action and time of said libel the defend
ant was resident Of the city Of Brook
lyn, State Of New York, ami plaintiff a
resident of the State of Massachusetts.
General Tracey then briefly opened the
case, after which Miss Proctor testified
to her high esteem for MEasBeecher, and
declared that there was not The slightest
shadow Of truth In the stories that had
been circulated in which her name had
been mentioned. There was never any
impr )per behavior on his part, neither
did he ever 0fief any insults to her while
in the employment Of MIR. Bowen She
was in the habit of attending Plyh~lfh
church. There she wes 50 attracted
with certain sayings aud expressions of
Mr.. Beecher that she took TO jotting
them down. Gradually she got TO taking
notes Of his sermons, and she then COLI
eeived the idea Of publishing them in
book form. Henry &. Bowen suggested
the title OF Life Thoughts for the
book. 1t was through this work that she
first made the acquaintance OF Mr..
Beecher. found that there had been
new book to be Issued, OF which re-
eeived a prospectus, and which appa-
rently bad received Mr.. Beechsr's APP
prevail. / felt very indignant, and wrote
letter to Mr.. Beecher, expressing my
indignation at his cOurse. / received
reply explaining his connection with
the book. / afterward had several per
sonai interviews with Mr.. Beecher. The
result was, / understood the reasons why
he took this course; yet | never could
forget his breach Of faith Of business ar
! never completed this
volume. have seen very little of Mr..
since then; but at all times we
have been very friendly. The letter of
January ~, ISL, was given under the
circumstances Mr.. Beecher
called to see me on New Years day Of
1871, and told me that there was some /
trouble between Mr.. Bowen and Mr.. /
TiltOn, and that he Beecherj was i'm |
plicated; and fearing that il died there |
might be some wrong construction put |
upon their Proctor and Beecber's) |
and that TO save any trou- |
BILE, he wanted me to write an express
sion OF my feelings toward him. / went /
up to the library and wrote the letter
which MOultOn published. I never
vent out with Mr.. Reecher but once, | |
believe, in my life, and that was for two
Dr three hours in the middle of the day
10 see some pictures in Brooklyn. I re-
member going with him 10 New York to
zee some pictures, from perhaps eleven
until two or three O'clock. | went to
he studio Of q Mr.. Johnston, whose
lister | had known, and that is the only
ime l ever went anywhere with Mr..
3eecher. | was two or three times at
lis hOuse with friends to see pictures
md engravings. l remember 60
ng one evening with the late
Henry ]. Raymond to visit Mr..
3eeoher on his Invitation. Mr.. Ray
nOnd called for me at Mr.. BOwenis, and
N going over we looked at the engrav
ngs and pictures AN hour or two with
'srious other friends, among others, Mr..
nd Mrs. Benedict, Mr.. and Mrs. Lowe,
nd some Others whom have now for {
often. l think perhaps ON another Oc-
aston | went to Mr.. Beecher's house in
he morning to see some engravings, of
which he had a large collection. l re-
member being in his study for a few mo-
1ents. These were the only. occasions
a which l was in Mr.. Beecher's house
7 study.
Miss Proctor was Cross. examined by
teneTsl Butler, and the testimony
lOsed. Butler said: 1--WE have no :
at all that this lady was :
uilty of anything. We do not mean to
yer it, and for that purpose shall let
our testimony stand, a. it does stand,
ntirely uncontradicted. We only pub
shed what we did in justification ofOur
with Mr.. Beecher and of
hat Mr.. Beecher told US, as no dam
ges were claimed, and as l understand
ley are not. do not care to go into the y
uestiOn Of damages. l have no doubt
'e shall pay any reasonable expenses 7
his lady may have been put to in this
natter. II our friends on the other side
re content, we shall let 1t De So"
Mr., Van Colt-n your honor pleases, ,
has always been the purpose Of our
lent, in the event of the recovery of
ITge damages in this case-and she has d
} expressed that purpose to US on va I
Gus occasions, with great esrnestness-
ever 70 receive any portion Of the judg-
lent beyond such sum as would indem-
ify her for bare expenses Of proseeu-
on and vindic3tiOn. Her own mind
semed utterly, from the beginning, to A
ohor the idea Of making this an Occs.
on for the recovery Of money.
Judge Fullerton said his client had u
OF been guilty OF what may be techni- ]
Ally called LIBEL IN the worst sense; -
lat il was merely told as statement 4
what had been communicated to him. B
be circumstances in which he was
laced seemed to Justify him in doing it, -
nd doing il for the purpose of protecting Z
lmself. At the suggestion Of q referee,
! the counsel retired to iix upon a sum 4
lat would cover the actual expenses.
After short absence the counsel re-
lrned, and General Butler announced 4
lat four thousand three hundred and 4
dollars had been agreed
pom as the amount to be paid by the
sfense, and Miss Proctor aud her friends
tired. n,
The Brooklyn Fdgls says the Proctor u
ut IS ct 81 end. Yesterday the defense Y
ade formal oyertures to the prosecu-
on for a compromise and settlement, ~
hich, after consultation with their di
lent, the attorneys for Miss Proctor b,
included to entertain. The matter "
me to climax last night. 1t was sa
en agreed that at the opening of
urt this morning proposition should
made by Ex-Judge Fullerton to have fr
e case referred, which proposition Ira
! s Co. should, after some argument.
'ree to, and that Ex-District- Attorney G.
eDjamin z. Selliman should be select,
as referee. 1t was further stipulated
at Miss Proctor shOuld come forward II
ID testify that Moulton's allegations as !.
her Illicit connection with Beeeher
ere in every respect false. II was fur I
er stipulated that Moulton himself
Onld make affidavit that be knew of
: own knowledge nothing whRtever =
ainst Miss Proctor's character, and 4
at the libel 10 which he gsve utter 10
"a was haaod wholly vYr,0-, y..a.ss-- A