The New York herald., 1874-09-18
MOULTON NON EST.
Miss Proctof's Suit Against the Mutual Friend
The Marshal Fails to Find Him.
Text Of the Complaint-A Pen Picture
of the Plaintiff.

Marshal Harlowe received yesterday morning
the civil capias in the case OF Miss Edna Dean
Proctor against Francis D. Moulton. The off,
Ger, undaunted by any terrifying spprehen.
sion OF the mutual friend's" celebrated pis
Io. walked eisurely to Mr.. Moulton's residence
in Montague street. Brooklyn. A neat little SER
want girl received him and informed him that Mr.
Moulton was not in town Further inquiry py the
conscien tious Marshal proved this statement to
be true, and the capias was not served.
General Tracy did not file the complaint yester-
day, and will not do so until the defendant has
pledged ais appearance. The capias Is as fol.
lows:-
THE CAPIAs
The PRESIDENT OF rRR UNITED STATES AMERICA
THE MARSHAL or THE EASTERN DISTRICT OF NEW YoRK,
We command you that you take Francis d MoultOn #
he shall be oand in your district and MIN safely keep
Circuit Court 3, the United states Of America Tor hs
Of ,,lss y sity hea S1oos
lyn,, in the said Eastern District on the lst Wed.
hssaay Desn rrSster ' psins I and % sso
dT D p h sd san The and sd a:
licious libel of and concerning the said plaintiff Edna
essom the BE- the said Judge Sen ana
there be exhibited and that you have then there this
the sa9S Morrison Waite JUS
Brooklyn the 7th day Of eptember in the year 1874
Tracy, oAru,s BaopHxAD, Plaintiffs Attorneys
The oowlng is the full text Of the CON-
plaint:-
United States Circuit Court the Disria
Yorh-Ecna Dean Proctor plaintiff against Francis D.
wit:-hdna D. Proctor complains OF Francis d. Moulton
That whereas the said Edna Proctor at the time
of the libel hereinafter mentioned and long before did
aud editor Of books and literary works and thereby ac
CURED gains profits and advantages and
ing said and said books and literary works
and relating tnerete did wrie and sign the paper OK OK
set forth without signature, dated January TO-
That said Edna Dean Proctor mo now is good, true,
behaved and conducted herself and until the commit
ting the by she Saa Francis Mouto p
M s oh soad e and
to whom she was in anywise known to ee person OF
That the said Edna Dean Proctor hath not ever been
Justly or until the time of the pueishhing OF the ssId
Toned been sarpected to have been unchase to have
had sensual connection with any man by ravishment
= BY means of which premises the said Edna Dean
Francis Francis B. Mouton, herenaltsr nlloned, had de-
serysey the good oS opinion and credit Of all her
That the said Francis D. Moulton, defendant herein
HIEsis
A'N 'wlcxEpIY AND xAIrcrogsLy
empoymfnt as Aforesaid and 10 bring her into public
neiqhbors and other good and worthy persons, ana
the @ Dean Sas
shasse and had had sexual eSGneeon win the nsy
by ravishment iorncation or otherwise, and to vex
sans fe
llshed and concerning this plaintiff the said Edna
YORK YORK bay Vi Grapic published IN New YORK city % cer
false scandalous deamatory and bellous matter.
Here the complaint cites the "paroxysmai kiss''
of MnuItnntS Rtatnnnnf
been already published.
sa deemsn ee p rancs soresd the pn
tiff, the said Edna Dean Proctor, hath been and is
Srsss nney s"@ of aad hath
Credit and Srouahs into pubic scandal infamy and dis
time oi the said ii, libel gss resident of the city Of
dent Of 6s city BTookyn in The State Of New YORK
,ibe 'h,s T plsind said Eans Dean Froetsr and
n the o
aH th hs pnn her @ as against
said detenIant, Francis d. Nouton, for the Of
s together VIII haS as fHsts 1fs # III nsSn SsSHurAD
Attorneys for Piaint is9 Montag ue street Brooklyn
o fsss Dean being uy sworn o
Is plan in the above entitled action that the
EtN ooR
before %s TINS Noay a aY ne H Knps
NY
The case will probably be tried before Judge
Woodruff and will, IN the opinion OF Miss PrOctOrs
attorneys not be likely to be reached before
December. The prosecution is urged by Mr..
Proctor the PLAINTIFFS brother, who came here re.
Gently from Illinois, bv Mr.. Augustus Storrs, who
is also relative OF the plalntif, and by others OF
her numerous friends.
The publication OF Mr. Moulton's statement has
created profound sensation IN the ultra fashion,
able circles OF Brooklyn, IN which Miss Proctor as
a leading society woman is exceedingly Wen
known. She Is now staying at the house Of Mr..
Charles StOrrs, In Brooklyn.
MISS EDNA DEAN PROCTOR,
who is highly cultivated woman and has trav.
elled almost all over Europe, is about forty years
two. She Is slightly auove medium size, slim, but
well mace, with iuXurant dark hair, dark ewes OF
a soft and fascinating expression, shaded by long,
sllken ashes with sallow complexion, bright and
rosy lips frequently curved In the most winsOme
of smiles, and the smallest of feet and hands. She
able Conversational powers and being OF very
amiable disposition. Sne returned but short
time ago ifom extended tour in Europe, having
attended the great lair IN Mini NovogOrod, Russia.
she ATTENDS some OF the most fashionable parties
when In Brooklyn, and is received by the "best
Moulton's statement created IN those circles. Her
literary talent Is well known, she frequently
contributed to the Atlantic Monthly, and is the
author OF several works.
Mr.. Tilton's statement will be published to-day.
Miss Proctor, IL Is said, intends 10 sue tue Graphic
Mouton's statement, but the papers have not yet
been drawn up.
The ssMutual" on Business.
Boston, Sept. II, 1874
Francis D. Moulton passed through Boston to-