The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1874-11-05

for /, bill of particulars Of the times and
places at which he committed his adul-
p teries, that these times and places are
already within his own knowledge.
THEODORE T1LroN."
Thomas G. Shearman then read the
following affidavit Of the Rev. Henry
Ward Beecher, setting forth that he
could not safely proceed to the trial of
the action without receiving state
ment of the particulars of the plaintiff S
charges:
''This is all action brought for alleged
criminal conversation with the wife of
the plaintiff. The complaint was served
upon my attorneys on Aug. 81. 1874,
and my answer thereto was served upon
the plaintiffs attorneys on Sept. 8,
1874. The complaint specifies only one
date at which any act Of improper con-
duct on my part is alleged to have &C.
CURED, to-wit on Oct. 10, 1868,
and although it alleges in
general terms that such conduct
was repeated On divers other days after
that time, it does not mention any 9th
er specific date, nor does it mention any
place except the residence of the plain
tiff and my own residence. Since the
service of the complaint and answer
herein, and on or about Sept. Is, 1874,
the plaintiff, as am Informed and be-
lieve, published statement over his
own signature asserting that his wife
and had both confessed to him in de-
tail specific times and places at which
we had maintained improper relations
with each other, which times and places,
however, other than Oct. 10, 1868, and
the Saturday following, the plaintiff
carefully refrains from mentioning, but
processes to have within his own knowl-
edge. The assertion that ever made
any such confession to him is utterly
false, but I am advised by my counses,
and believe that such a statement indi-
Gates the intention of the plaintiff to
produce manufactured evidence in sup
port of his allegation, and
by means of false testi.
mony to surprise my counsel at thu
trial with evidence which they and l
cannot be prepared to meet otherwise
than by my own simple denial on the
trial of the case. have no knowledge,
information. belief or suspicion as to
the times or places lother than those
specifically mentioned in the complaint
and the published statement aforesaid)
at which the plaintiff intends or ex-
poets TO prove or even to assert that
any improper conduct ON my part took
place. And as | never did, in fact,
have any improper or immoral rela-
tions with his wife, l am entirely at
a loss to form any surmise concerning
the plaintiff on the trial Of this cause.
I have fully and fairly stated the case
in this cause to my counsel, Thomas e..
Sherman, who resides at No. 81 Hicks
street, Brooklyn, and l have a
good and substantial defense to
this action upon the merits thereof, as
| am advised by my said counsel. and
verify believe, and am further advis-
ed by my said counsel and believe that
l cannot safely proceed ito the trial of
this action without receiving a state
ment Of the particulars of the plaintiff S
charge against me, and especially of the
times and places at which any and every
act of adultery or improper intercourse
on my part is alleged to have taken
place, and of the times and places at
which it is alleged that l made any con-
fession to the plaintiff.
HENRY WARD BEECHER.
Gen. Tracy then said that certain
portions of Mr.. Tilton's affidavit were
false, scandalous, and malicious, and he
moved that they be eliminated. This
is, he said, one Of the gravest and most
brought in this country. His client, a
clergyman of renown, places himself
upon what he considers his clear legal
rights,an merely asks that he be in
formed in advance of the times and
places when and where it is to be
averred upon the trial that these al
legged acts of wrong were committed by
him. The complaint sets forth only a
single occasion explicitly, and omits to
name the time and places. If that COM
plant is to stand without particulars,
the defendant must come to the trial of
. this action without knowing at all as to
the times and places which he is to deny
TIE wrongful acts charged against him.
. The question is, whether he is to be
confronted with witnesses alleging these
acts to be committed in New York. or
Brooklyn. or elsewhere, or whether none
Of these particulars being stated, he can
, properly defend himself. If he can be
put on trial without further informa-
, ton, then innocence coniers no secur-
ity. We support our demand by al
affidavit containing a solemn denial that
we did at any time, place, or on any
: occasion ever commit the wrongful acts
of which defendant stands accused.
There are no facts stated in the afida.
Wit which tend to show that our state.
ment is untrue, or that we are not
q legally entitled to this motion. The
q counsel submitted that that portion Of
the affidavit which assails the Plymouth
r church investigating committee should
be stricken out, as it was s'scandalous
q and impairment" He also asked that
$ the accusation that Plymouth church
b as a congregation, had acted with ar
I intention to purchase false evidence il