The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-12-10
new YORK.
PROCTOR MouLToN SUIT.

PROCTOR AouLToN SUIT.
NRw YORK. December 0.-The suit {
Edna Dean Proctor against Francis
Moulton, which was set down for to.da
in the U. 3. Court, Brooklyn, has bee
sent over under an order for reference I
ascertain the citizenship Of the complain
ant
The case Of Edna Dean Proctor agains
Francis D. MOulton was called in tn
United States Circuit Court, before Judgu
Woodruff, this morning. Judge Fuller
ton said the defence was not ready, fol
two reasons first, because the court hal
not Jurisdiction; and secondly, because o
the illness OF the defendant. He suggest
cd that the case be referred TO referee
After some argument the counsel for the
defense agreed 10 the reference, and Ben
jamin d. Silliman was appointed referee
Judge Fullerton stated that they didn't
mean 10 olIer any evidence to prove what
Is supposed 10 be the main charge. They
had never pretended that they could
prove that. They did did not expect to
sustain the charge. They only wanted
10 say that it was told TO them, not that
It was true. They confidently hoped Tor
and looked forward TO the complete
vindicaiion Of both parties. After an
order Tor the referee had been entered in
court and the stipulation between the
counsel filed, the counsel proceeded 20 the
house oil Mr, Sllleman, the referee. There
they were Joined by Gen. Butler Of the
RnnRu1l fnF- NnnlNnn
held as 10 whether the reference should
be open to the representatives Of the
press. Gen. Butler opposed the admIs.
sion OF reporters or any other outside
witnesses. Miss Proctor was willing that
the reporters should be admitted as was
also Gen. Tracy. 1t was finally decided
that the press should DO represented un.
der certain conditions. The party then
went to the United States Court building
where the conference was 10 be held.
The Plaintiff amended her complaint so
that at the time Of the commencement Of
the action and at the time OF said libel
the defendant was resident of the city
OF Brooklyn, in tho State of New York,
and the plaintiff q resident Of the State
OF Massachusetts.
OPENING OF THg CASE.
Mr.. Tracy then briefly opened the case,
after which Miss Proctor testified TO the
highest esteem for Mr. BeeCher, and de-
Clared 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
improper behavior on his part, neither did
he ever oiter any insult to her. While
in the employment Ul Mr.. Bowen, she
was in the habit Of attending Plymouth
Church. There she was 80 attracted with
certain sayings and expressions Of Mr..
Beecher's that she got to jOtting them
down. Gradually she got into the Gus
tom of taking notes Of his sermons, and
she then conceived the idea of pub
fishing them in book form. Henry Bowen
suggested the title Lille Thoughts"
TOR the book. 1t was through this work
that she first made the acquaintance OF
Mr. Beecher. l found that there had been
q new book 10 be Issued, of which l re.
ceiVed prospectus, and which apparent.
ly had received Mr.. Beecher's approval.
l felt very indignant, and wrote letter
TO MIR. Beecher expressing my indignation
at his course. received reply explain.
ing his connection with the book. l
afterwards had several private interviews
with Mr.. Beecher, and the result was
that l understood the reason why he took
this course, yet | never could forget his
breach Of faith Of business arrangements.
| never completed this volume. have
seen very little of Mr. BeeCher since then,
but at all times we have been friendly.
The letter Of January 10, 1871, was
given under the following circumstances:
Mr. BCeCher called TO see me on New
Years day OF 1871, and told nc that
there was some trouble between Bowen
and TiltOn, and that he, (BeeCher) was
implicated and fearing that il i died there
might be some wrong construction put
upon their proctor and Beecher) trans.
action, and that 10 save any such trouble
he wanted me 10 write an expression Of
my feelings toward him. | went up to
the library and wrote the letter which
MoultOn published.
The Brooklyn KdgS says: The Proctor
suit Is at an end. Yesterday the defense
made formal overtures TO the prosecution
Tor compromise and settlement, which
alter consultation with their client and
attorneys ior Miss Proctor concluded 10
entertain. The matter came 10 climax
last night. 1t was then agreed that at the
opening Of the court this morning a prop.
OsiIion should be made by ex.JGdge Full.
ertOn TO have the case referred, 10 which
Trscy & Co, should after
some argument agree to, and that ex.
District Attorney Benjamin +. Silliman
should be selected as referee. 1t was
further stipulated that Miss Proctor
should come forward and testify that
MoultOn's allegations as 10 her illicit con.
neCton with Rev. Henry Ward Bcechcr
were in every respect false. II was furth.
or stipulated that M0utOn himself should
make affidavit that he knows Of his
own knOwlege nothing whatever
against Miss PrOctor's character, and
that the libel TO which he gave uttcrance
was based wholly upon hearsay. 1t was
further stipulated that MoultOn should
make an apology 10 Miss Proctor, and
that he should pay all the costs incurred
on both sides (the suit thus for amount
ing TO over $4,000; that in consideration
OF the foregoing Miss Proctor would
claim no pGcunlary damages against
MoultoD, but would rest satisfied with
the vindiCatIon oi her character, and that
the referee should make report in con-
with these conditions, and thus
end the great suit
81 never went out with Mr.. BeeCher butt
once, l believe, IN my life, and that was
for two or three hours in the middle of
the day 10 see some pictures in Brooklyn.
| remember going TO New York TO sec
some pictures from perhaps II until . or
8 o'clock went 10 the studio of q Dir.
Johnson, whose sister had known, and
that is the only time ever went any
where with Mr.. Beecher. l was some
two or three times at his house with
friends 10 see pictures and engraviDgs. Il
remember going one evening with tho
late Henry j. Raymond to visit AIr. |
(nnahbr Mr. Raupppd an h;a ;n,,t,, |