Wilmington journal., 1874-08-07
TLTON'S LETTER TO PAGE.

TILTON'S LETTER TO PAGE.
New YORK, August 3-N oon.-A re-
porter who has been studying the her.
aldry e Iiiton's family announces that
the bulk of Theodore's ancestry and
kinsman have been curious and that
large majority of them have frequent
ed lunatic asylums.
The case of Gaynor vs. Tilton has
been postponed until Wednesday, when
the magistrate will dismiss it as Gay
nor has no personal interest in the
matter.
A child nineteen days old, called
Charles Coyle, died at Mrs. Kilbr1de's
house, East Nineteenth street, yester-
day. The coroner was summoned and
found the woman with three children
at her breast. She states that she re-
ceived the deceased from Mrs. Doran,
East Ywenty-siXth street, to nurse and
that she fed him on milk and soothing
syrup. Mrs. Doran keeps a lying-in
house, and by her own statement has
been in the habit of sending the chill
dren born in her house to Mrs. Kill
brides, who received two dollars and
half week board for them. An in
| quest will be held tomorrow.
Riley said in the matter of the peo-
pie, VS.. Theodore Tilton: I entertain
complaint in this case and issued
warrant against defendant, believing
it to be roy duty to do so. [ had no
| knowledge Of complainant or his posi-
| ton in the matter. Defendant was ar
rested on that warrant and appeared
before me personally and by counsel,
and complainant also appeared at tie
! 1 l.
! complainant and thus made known to
me for The first time The complaint
was not made with the knowledge or
consent of the person alleged to have
been hbelled; now, while it is true that
libel is public offence, it is also true
that it is such an offence because of
private wrong and injury it inficts
upon an individual hbellei. Com
plants of this kind usually originate
with person assailed, although it is
not always absolutely essential that
this should be so, and many cases oc-
cur where third persons may interfere
without incurring odium or censure of
any kind; as a public offence, however,
consists in the injury done or threat
ened to the individual, it is hardly con-
slstent with legal principals to assume
crime from any compositor or publ
cation, however Virulent, when the
person therein mentioned, who is
generally supposed to he the best
Judge of what affects his own repu-
tatiCn, declines or on.its to prose-
cute therefor. the person mentioned
i'll the publication complained OF,
Is ii citizen of Brooklyn, to whom t!le
Courts are accessible; as to the com
plainant in this case, he has It seen
1T to make any complaint, and does
. not unite in this prosecution. I have
concluded at this stage of case that it
Is my duty to dismiss the complaint,
r,ot because the compl linau: tlld not
have the right to make 1t, but because
the person alleged to nave been hbell-
IL, does not now mite in this prOsecu-
ton; but as [ may be wr0ug in my
view of law, l viii incur no risk of
error IN the matter; [ shall therefore
not dismiss it Low, but give notice
that ] viii DO so on WednC slay morn
ing next, q 10 clock, to which time
his case staEds adjourned. My
object i'll thus Tostponin9 the final
decision being to afford Tie complain
ant an opportunity 10 apply to the Su
rreme Court for writ of mandamus
to compel NE to proceed. / may err in
perform whatever may be regarded as
my duty in the promises, otherwise [
shall terminate the case as l have al
ready statec.
When Judge Riley had finished
reading the decision NIr. Gaynor rose
and said: Does Your Louor hold that
under the law l have no right to this
complaint ?
The Court replied that inasmuch as
lie was not supported by the party
Gbeiled, he had prepared this decision
and would dismiss the complaint on
Wednesday next if no other steps are
taken by complainant. The Judge
then stated that the case was ad journed.
The new iron steamship Hudson,
two thousand tons, of the Cromwell
/ line, left Wilmington, Del, to-day for
this port.
The Treasury paid nearly a half
million in gold for interest.
| The Insurance Commission ordered
/ the S fe Guard Company of Philadel-
! phia, to stop business during the in
vestIgation of its affairs.
| New York, Aug. Moon. Two
! lawyers, convicted of conspiracy to de-
fraud heirs, have been sentenced to
| two years imprisonment and five hun
Ired dollars fine.
A youth, aged twenty, who pleaded
guilty of kidnapping girl, aged eight
years, has been sentenced to one years
imprisonment. He returned her safe
the next day but would give no reason
for taking the child away.
Van Etten, the California bond
forger, is dead. He put an end to him.
self by taking laudanum. When dy-
ing he said that he never intended to
go to San Francisco for trial.
The Beecher investigating Commit
tee continued their session to this
evening. The sessions are still con-
Quoted in private. Six witnesses we're
examined. four gentlemen and two
ladies. Two of the witnesses were un-
derstood to be Mr.. and Mrs. Beach,
friends of Mr.. Beecher, whose resi-
dence adjoins his farm at Peekskill.
The other lady was closely yelled and
could not be identified. After leaving
the house she was accompanied by
Mr.. Ovington to the residence of Mr..
Beecher on Columbia Heights. The
other witnesses names could not be
ascertaIned.
Mrs. Tilton's cross-examination will
be made public tomorrow. It is
ton will testify before the Committee
tomorrow evening, when it is believed
the examination will be concluded.
Frank Carpenter has decided not to
appear before the Committee and will
write letter giving the reasons for
his refusal to testify.
1t is stated that the Beecher investi- |
eating committee Yesterday received |
Il telegralhl dispatch from +. B. Car
penter saying that he should not ap-
pear before the committee and that an
explanation of his reasons would be !
found in q letter which he had sent to |
the committee. A letter was pre-
sented to the ecommitteelast night from
Rev. Dr. Stavres in which he stated |
that he had no personal knowledge of
the matters which had come before
the committee that he had seen the
statement signed by Mrs. Tilton and
referred to in Mr.. Carpenters state
ments and in Mrs. Tlton's testi-
r,opv Cf E'ri1av aveDiDp which |