Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1874-08-05
NEWS
BY TELEGRAPH.
TILT0N-B
The Suit Against Tilton to be Dis
missed,

Gayner VS.. Tilton has been postponed
until Wednesday, when the Magis-
trate will dismiss it, as Gayner has no
personal interest in the matter.
The reporter who has been studying
the heraldIy of the Tilton family am
nounces that the bulk of Theodore's
ancestry and kinsmen have he, n car
rions and that large minority of them
have frequented lunatic asylums.
Remarks OF Judge Riley.
NEW YORK, Aug. 3-Judge Riley
said in the matter of the people VS..
Theodore Tilton, ! entertained the
complaint in this case and issued
warrant against the defendant, believe
ing it to be my duty to do So l had no
knowledge of the complainant or his
position in the matter. The defendant
was arrested on that warrant and ap
peared before me personally and by
counsel, and complainant also appear
ed at the same time, when il was ad
mitted by complainant and thus made
known to me for the first time that the
complaint was not made with the
knowledge or consent ofpersons alleged
to have been libelled, now while IL Is
true that libel Is a public oflense it is
also true that it is such an otfense be-
cause of private injury, it inflicts
upon individual libelled complaint of
this kind usually originated with the
person assailed, although it is not
always absolutely essential that this
should be so and many cases occur
where the third person may CON
trary without incurring Odium or cen
sure of any kind las public offence how
ever consists in injury done or threat
ened to individual, it Is hardly CON
sistent with legal principles to assume
crime from any composition or pub
LEGATION however virulent when q per
son therein mentioned, who is gener-
ally supposed to be the best judge of
what affects his own reputation, de-
clines or omits to prosecute therefor.
The person mentioned in the publ
cation complained of is a citizen of
Brooklyn, to whe m the courts are &C.
cessible. AS the complainant III this
case has not seen lit to make any COM
plant, and does not unite in this prose.
cution, / have concluded, at this stage
of the case, that it is his duty to dis.
miss complainant, not because COM
plainant did hot have the right to make
it, but because the person alleged has
been libelled and does not now unite
in the prosecution. But as IL may be
wrong in my view of the law, L will
incur no risk of error in the matter. l
shall not, therefore, dismiss it now, but
will give notice that / will do so on
Wednesday morning at 10 O'Clock, to
which time this case stands adjourned
my object in thus postponing the final
decision being to afford complainant
opportunity tOapply to the Supreme
Court for writ of mandamus to com
pei me to proceed. If in error in re
fusing in this event, l shall cheerfully
perform whatever may be regarded at
my duty in the premises. Otherwise
l shall terminate the case as / have
already stated.
When Judge Riley had finished
reading his decision Mr.. GaynOr ros'
and said: "Does your Honor hole
that under the law l have no right t.
this complaint" The Court replied
that inasmuch as he was hot supported
by the party libelled, he had prepared
this decision and would dismiss com
plainant Wednesday next, if no othe
steps are taken by complainant. Th'
Judge then stated that the case wa
adjourned.
what BEN. Butier Thinks of the Case
1.-THE public, General Butler, is in
terested I'm your connection with tn
Tilton- Beecher matter, and, as yOl
know, several stories have been pub
lished assOciating your name will
those of Mr.. Moulton, Mr.. TiIton, an,
Gen. Tracy, wish to learn the plail
truth"
1.-THE simple fact is, " was the reply
that Frank MoultOn is a warm per
sonal friend of mine, and previousl
to the recent publications he laid tn
case before me, asking my advice. Thi
was purely on the basis of persons
friendship. / have in no sense of tn
word been retained in the case.n
MAY ask you what Frank Moul
toms course in this matter Is likely I
be ?"
"That j can not answer. 1t shout
be remembered that he occupies yer
peculiar position. He was The frien
of Mr.. Beecher and also of Mr.. TitoI
Both intrusted him with secrets. ii
has no right to betray either withou
his consent"
"Do you mean to say that Nj
Beecher, for example, could now clos
the lips of Mr.. Moulton, and proven
him from testifying before the com
mittee?"
Certainly. That point does ne
seem TO have been thought of"
but have not both parties made !
reality public call for all the ev
dencei in the case %
"Yes; but that would M
prevent the sealing Of Mou
TOMS lips if either part
chooses to do so. This public call Il
evidence, for instance, would not ju
tify the lawyers in the case in tellin
to the Committee all they had learne
in confidence from the parties at WI
with each other"
Have you talked with Mr.. Mou
ton since you have been in New Yor
this time ?r
Eyes. He came to see me, and
talked with him as friend, but / al
not his counsel"
as it at all likely that you will
engaged in the case?n
1T is not. OF course, if vel
asked to do so l might take up tn
case the same as any Other.h
Did you ever see that Theodore III
ion had case?"