The New York herald., 1874-11-10
TILTON VS.. BEECHER.
The Great Scandal Sait-The Plaintiff
Resdy and Eager for the Fray-sharp
Legal SktEmtshI for Position.

Yesterday the Brooklyn City Court. upon its
commencement OF the business Of the day, was
crowded to excess oy an audience composed, for
the greater part, OF members OF the Bar OF Kings
county, the attraction being found In the fact that
No. l2S OF the calendar OF that Court would be
reached. 1t was expected that some interesting
legal sparring would ensue between the learned
counsel VINO are enlisted on either side In the
opening round OF the great scandal case OF the
age. the issue being cited as 'sTil,on against
Beecher." The aotion is the nrst OF . series,
bearing directly and indirectly on the ques-
tion Of the innocence or guilt OF the vener-
able and world wide renowned pastor OF Plymouth
church. The suit is brought by Theodore Tllton,
executor OF the Golden Age and parishioner Of the
distinguished defendant, to recover damages In
the OF $780, 600 Tor the alleged seduction OF his
wife, Mrs. fiit0n The ''mutual friend' OF both
parties to the suit mentioned was also
interested In the proceedings which transpired IN
the City Court yesterday, being himself cited to
appear TO answer to a criminal charge found In an
Indictment presented against him by the septem-
Der term Of the Grand Jury OF Kings county at the
instance OF the authoresS. Miss Edna Dean Proc
tor, whose character Frank Moulton is alleged to
have hoelied in the publication emauating from
him and known as his second statement concern
Ing the Beecher- Ttlton scandal. Should Mr.. Mou
ton, who Is member OF the Arm OF woodrun q
Robinson. be found guilty by jury OF the crime
charged, the punishment would be one years. i'm
prisonment and fine. The counsel present were
~ follows For Messrs. TIlton and Moulton-Ex-
Judge Fullerton, W, 4. Beach, ex-Dlsrrict Attor.
ney Samuel d. Morris and Roger A. Pryor. For
Rev. Henry Ward Beecner-General Benjamin F.
1racy ex- United States District Attorney OF Kings
county, and MI. Shearman, CLERK OF Plymouth
Judge Reynolds presided. and by his aide ON the
bench was Judge McCue with whom ne advised
Winsiow, who was, 1t will be remembered, ono of
the most active members OF the Investigating
COMMITTEE or J Aaa
THE CHURCH OF THE DEFENDANT
last summer, was present. attended BY his assist
ant. Mr.. Moore. Theodore Triton came into Court
ing locks with gracious dignity In the direction
from whence ne detected friendly nod OF recog-
beside Counsellor Beach. He looked we'll and lar
more cheerful than was his won't during the
period when the newspapers were hooded
with mention OF hts name and the patnlu
particulars or hts domestic misery. Francis d.
Moulton took his seat at the side OF Theodore. and
to make common cause IN the battle OF the giants
intellectually sreaklng-conversed freely, indulg-
ns vGm o cssy
themselves In manner which lent the impression
that tney were aerant ana az tnGagn n the ian,
cassSn case.n 1'''e''' : '' D1''' '"S' '''' "
About nalepast ten O'Clock Judge Reynolds
called the case OF Tilton against Beecher.
Mr.. Morris, IN a sharp, ringing voice. exclaimed
s.ready!' Whcreupon Mr.. Beecheris attorney.
that m tie, the Court % would, before proceeding 70 the
trial or this case, tirst hear argument on the ap
peal rom tae decision OF Judge Nellson; s.n,
weeks ago, and was denial OF the application OF
Mr.. Beecher's counsel Tor an order to compel the
counsel ior Mr.. Iilton TO furnish the defendant
with bill Of particulars setting forth the time
and place ut which tine alleged adulierous acts oc-
plainrlx The Court held that It had not the power
70 issue such an order. as II would not be proper
tue line OF prosecution in advance OF trial Judge
Nelson, however, accorded defendant the Right VI
Mr.. Norris said rnst they unquesrionaby had
the right 70 make whatever disposition OF THIS
case u might see proper IN the premises the
ned not to interfere with this case, aud they
therefore now answered ready"
other side was not ready to proceed. and II they
wanted him to set down day fsr the trial he
MIR. Fullerton said that he understood that the
City Court SO constituted that It could try his
case at any time, and ne was most desrous or
absolutely necessary let the appeal be argued
here at once. The case had heen noticed FOR trial
peal nom the order mad been made Tor no other
purpose than to delay the trial. In view OF that
iacs ne asked taat me court hasten the triai
Of the counsel on the other side were made Tor the
purpose oinnuenclng the pubic and not for affect.
Ing motions before tue Court. VI that principle
they proposed, In the conduct OF his case, to give
the eother side an entire monopoly. They would try
the before courts and Juries, and not Tor the
benefit OF the outside public or Tor the cwspapers.
He repelled, with sc0rn ana inoignation, the lnti
tr Ion o. seas sa1 tns @s wss made
had been taken from the decision OF Judge Nelson
because he considered the interests involved IN 1t
oil SO grave character that he thought 1t would
be well that his decision should be reviewed. They
conceived 1t 20 be their duty to appeal. When
ment they would be ready, and there Will be no
motion for delay on their part. ANY motion 10 try
mate and 10 tnat TINS that ought 70
be tried at once Is . suggestion TO the public and
not TO the Court. He agreed with the counsel
when he said that this IS case which ought to be
trled without delay. They were ready, and when
the time came for these parties to come to close
enough ior 1a Their M satsiaction that that's appeal
snail have been read they Will be ready 10 fix an
Judge Reynolds SAID that from the modification
which was made from the order the Judge de-
signed to leave the case IN position to have
could be ixed for trial at an early day-some day
tns term. rne order Is made returnable to-
he sees ft as regards the stay. II he grants the
stay then the appeal VIII be argued before the
IN coming here except to designate the day, unless
some order IN tine meantime snail preyentN. For
his associate aud himself, Judge Reynolds said.
Mr.. Fullerton said that II the other side ict ag-
grieved by the order denying bill OF particulars
in which to redress wrong. lie hoped, therefore.
that the Courr, constituted as 1t Is, would nix q
time. IA ior their siac, they wanted no notice OF
argument. They would be there &c any time.
General Tracy reoined, saying, "AH we ask Is
SUFFICIENT time TO PRINT our papers and appear be.
fore the Court and move our notion.n
Mr.. Snearman remarked tnat Judge Nelson told
MIR. Morris and himself that the papers must be
printed, ana they will be ready IN the course OF
This week.
Mr. Fullerton said he would stipulate to have
do Vy e the
This remark drew iOrthan indignant reply from
the counsel Tor Mr.. Beecher, VINO declared their
ability to have their own papers printed.
Judge Reynolds subsequently set down the time
for hearing the appeal Tor Friday afternoon AZ TWO
O'CLOCK. The Court tnen down the trial or suit
OF Tllton against Beccncr Tor Wednesday OF next
week.
TRIAL OF FRANCIS D. MOULTON.