New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-12-09

eternity in this case must have
stand forth on the stand TO charge his wife and the
mother OF his children II tney are xious for this
wife and mother let them name some one OF these pros
ecuons where her voice be heard upon the witness
stand in favor OF her vndicau0n and the legiti
macy OF of prng. and not press prosecution
hcre where her m0lth Is closed ana Where That VI ner
aSsailant Is open u accuse.
THE DELAYS CHARGED UPON THE DEFENDANT
Mr.. Fdllcrton-May It please Honor though diff
ferent opinion has prevailed In this Court and through
out the whole community 80 far rs am advised yet IL
seems discovered here this morning Judg-
ing from the observations made by the counsel upon the
side that all these delays IN the trial OF this
important case chargeable TO the plaintiff and his
lawyers. According to the counsel they nave
done nothing and We have done everything on
an early trial Of this case The counsel
to have entirely ignored the proposition made by
my associate in the few observations which he made,
and that this, that this motion for bill OF p1rtcu-
lars having been argued before your Honor In the rst
instance by both Sides and having exhausted all that
either party wished 10 say upon the subject that was
proper convenient to tho other side and. IN order TO
the trial O tins case that Honor should here
now, dispose of that question: either upon the arguments
already had. or upon such further arguments rs
the counsel upon the other side might seem willing. or
wish to submit Why mott Two OF the 9Sn I 0or upoS
emphaticaIy in favor of early trial desiring IL |;
hoping for praying for 1t Why not then. accept
lars disposed OF here. noNi Twill inform the gentlemen
upon the other side that they need not walt n ,a
dp yUSF KondS sHs @
not in a condition to demand tue bill
| OF particulars In the exercise OF your HOnors sound
discretion that you will not grant It, then. we can 80
on with the trial Orhwth there IS no occasion for de-
hsr ecs on is that it is matter for the discretion OF
tins Court. Therefore,, II that discretion Is exercised
not go on with the trial OF case. IT, the other
hand this Court should hold that they were entitled to
bill OF Particulars under the circumstances OF this
case think they could get it In thirty minutes after
decision is announced, and we can 90 on win that
early ra for which the COUNSEL upon the other sie are
| exceedingly ANXIOUS
Now. Sir. the great expense which the County OF
Kings has incurred in the assembling OF her citizens
here whom jury is TO be selected. need not be
thrown away aud wasted We may enter upon the
trial OF this case perchance before to.days sun sh ~
set. / make these observations for the purpose OF
bringing The matter to test as to whether tney are
willing ana anxious 10 go ON with the rla OF thls case
viii make another proposition TO meet tDe ehgenGies
sde and that is to modify the f they win not
consent to submit the question OF me ~, Din Oh
| morning. And why Thursday morning rather than
| "wednesday morningi Aud why Wednesday morning
them to modify their order so tnat 1t shall be return
able forthwith-now, in five minutes-and 20 before
Judge McCue and have IL disposed Of. They need not
walt until Thursday morning. THIS anxiety Tor an
early trial preys upon my friends ON the other side TO
s asn pr"pose Ina" out Of te1der com
sideraion for them, that they modify their
say again. If Judge McCue should order a bin Of parcu
lars they wll nave II 10 thirty minutes from the time
slti0nsi II they do then their anxiety for an carly
@ VIII Pear T Sna w S near s e o ,h ng
about Their great anxiety aud sociudo to Try this case
| There was another observation made By the counsel
upon the other side IN the course OF his long speech
papers counsel and that is that socitous
as to excite suspicion, to bring on case where, as
not be witnesses will make another proposition
other side Bring on the criminal case; bring on the
Indictment Tney say they have no control over tina
DsricAttoruey. Perhaps they might, in their great
sOciudo for an early tral at the earliest possible day.
prevail upon the DstrictAttorney, whO take 1t for
granted, is not entirely nimical 10 them. and VINO
might be reduced by persudslODs Of both parties TO
accommodate them. Let HIN bring on the criminal
caSe and We will give stipulation that mother aud
daughter, ana everybody connected with 1t shall be
witnesses IN tho Case without objection upon our part
Aud that stipulation NAV be drawn up in the strongest
possible FORM that no objection shall be lnerposed upon
our behalf to the Introduction OF t9"se persons or any
oner persons whom they may wish ~ lnIoddes as WIT
. Well TO show their anxiety for an carly trial. the
counsel the other SIDE of rs TO stpuate that they
the coming month Well, have never known yot
laws could confer upon court jurisdiction where
three different occasions give court jurisdiction
they had the Pspeps Te5s
the other side can give TINS court jurisdiction ZION
peech that part of the gtntemans renarks mot
iaie newspapers Of course). goes for nothing
namerous-shoud sign that this term might
be extended, If by the laws OF the land 1t cannot be
extended that consent would be entirely worthless.
Therefore Jet the blame for this procrasation, these
continued exasperatng postponements OF tlis case,
fall wnere 1t belongs and let those who have caused
them be responsible Tor them.
Toe janior counsel Il 1t may term him such) In
his observations stated cause might 60 after
a bill Of particulars was ordered refused, but he sill
reserved TO himself the rignt Of appeal do not sup
pose If they had their way ABOUT H. would ever
he tried II Is eOnStan, aud continual delay IT Is re-
treat after retreat. Without meaning to be offensive
yel 1t is sku!klug behind this tecnncaitY aud that
technicallty constantly ald CONTINUALLY putting
OF the evil day. Wien we expect to
every charge That have made. and SATISFY not only
tine court and the Jury bat the world which the counsel
ugnt; that We have made no changes which we ought
not 10 have made.
We have IN lIe no charges that will not be able to
prove ami suDstanite. II was our duty to make them
having made the and the world VIII mold Us RESPONSE
Die / submit 10 that responsibility. II we had not
made them we would have been subjected TO most
fearful responsibility The cause OF morality ana OF
Christianity when reference has been made upon the
OF every other good citizen tbroughout Carstehuon
that The charges be made, because they were
To%er anu su. Sia1'0 them AMI establish them
Now do the counsel upon the other side accept OF any
particulars now or TO modify the order and 20 hence
into the otner room and argue there ana have II de-
bound to deliver the biIl of particulars We shall NOS
appeal. We Will deliver them OIL OF particulars forth.
Ml,n aud put ourselves IN position to prove the good
fa OF IreensIons that We are ready for trial and
aIxIOus Tor IL.
AN ATTACK UPON TIE PLAINTIFF APPLAUDED.
Mr. Tracy-l shall not attempt to follow the learned
counsel who has asst addressed the Court in his nsinua
lions against the course u which the defendants
sci have conducted this thought made yself
understood be fore, when said that should indulge
in no structures or criticisms the conduct OF this
plaintiff In bringing this suit. He responsible
for that to higher power, aud there We
left IL without CRITICISM Inc remark OF
the counsel last addressing the Court pro-
yokes me say, however. that II thus plaintiff made
these charges under high sense OF duty to the pdDc
or TO morality II is 10 be deeply regretted that II took
hun four years to nd out his duty, and that he only
saw 70 clearly tneu-when he found, or thought he
found that this defendant had nerf red with him IN
his business arrangements.
At this remark, made IN q passionate tone. which be-
trayed something OF the feeling under which Mr. Tracy
spoke there decided sensation and slight applause
among the audience promptly suppressed by the Court
Judge Nelson sternly calling out " silence"
Judge NrllsonAs this general discussion disurOs the
audience think we had better suspend IL.