, 1874-11-12
In the Law-Courts at Last.
Opening Proceedings in Tho Gases Of Tilton
vs.. Doecher and Proctor rs.
h1oulton.
Tho Roy. DR.. Fairfield on tho "Psycllo.
logical Argument" for Bcecllor.
From The BrookiUn 1rpas, Not. ..

6lnco tho days Of tho famous sprague trial.
tho Oourt-Touso has furnished no such spcctaclo
aa was prcscntod this 1nornsng. Promptly b. Q
o'clock Juieo No!laon appearod, md fow min
,,tea lator Judge MoCuo took . soat At his sidc.
Both Judges wore then yiaited by delegations Of
ncwspapor-mon, anxious to KNOW whom tho
Boechor-Tlton caso would bo called, where It
would bo called, aud wlat Judge wonld hear 1t.
Judge Nelson oyaued tho conundEums, and
Judge Mcono successfully parriod tho intorroga-
tim points. Meantime, tho corridors Of the
Court-Houao tilod With m immenso throng Of
lawyers. doctors, professional men. and private
citzens oil eager to hcar aud 800 tho opoling Of
= trial hound to bo hsstorical--tho oauao Of Til
ton yorsua Deooher.
Precisely at 10 oolock Judge Reynolds took bis
scat in tho court opposite tho chambers whero
Judge Neilnon bold court. and Tor hftoep min-
utcs tho outsido public rotated batweon tho two
courts In vain effort to discover Thoro and
whon tho scandal oaao would bc disposed OF.
THEODORE T1LToN
aoon appeared. and. crowding through tho OK
poctant company In tho corridor. entorod Judge
Reynolds court. Thithor tho people 1ockod,
and In three mtnutoB tho court waB crowded.
Mr. Triton Was attended by distinguished legal
body guard, headed by ox.Judge William Fullor-
ton. ox~Judge William A. Bench, Gen. Robert 4.
Pryor, and Mcssrs. Morris aud Poarsall These
gentlemen seated themselves at tho long table
on tho right-hand side Of tho court-room, and.a
fow moments later Mr. Doechcr's attorneya ap-
penrel and found chairs opposite. Tho lawyers
who were present to LOOK after Mr. Doeoher'a
intorost wore Con. DonJamin T: Tracy, Mr..
Thomas G. Shenrman, nud Mr., John 3. HILL
thosan1o gentlemen who assisted tho mcmberH
Of tho Investigating Committee In their long
aud arauous labors. Judge nicCuo next ap-
poaro1, and Mr.. Boaof, leaving hts Hont, Balntod
followed. While thus conversation was in prog
rea5,
Mn. FaAHc1s D. sIouLroH
s1Tpriaed the asAe,nblnge by entering from a
s!ao door and conposedly taking clair next to
Mr. Tilton. Mr. Moulton WAS looking vol, aud
for aome two ninutoB Theodore and tho "mutunl
friend " chattod pleasantly with tho lawyois and
uowhpapcs-men By whom they woro surrounded.
III tho meantime Judge Reynolds was, with tho
mid Of Clelk Madison, dispatohiug business with
olscs to DO heard and caaeB to DO postponed,
and enthusiastic lawyers aud tloir clionts to bo
hnpoased. i WAS 20 minutes beforo II o'clock:
Counsellor Hif had iust concluded q long con-
Cue occupied scat at the right Of Judge Rey-
nolds Gen. Tracy aas at tho oxtromo end Of
tho table With his eyes c1oHed, but evidently
keeping up 40 industrious thinking; tho clear
cut featnres Of District-Attornev. Winslow wore
clearly diHcernable among tho other Legal lights
4 jury summoned in q minor caHo had just tnkon
their seata, whom, after consulting hs caloudar,
Judge noynolds oalleds
"r1LroN AaA1Ns1 DEEcnEn ~
Judge Morris, Of counsel for ~. Tilton, arose
plaintiff"
atr. Thomas g, shoarman, Of tho counsel for
Mr. Deecher. then arose quickly from his sent a.
the ond Of tho table, aud said rapidly Dfay it
&tte anth %o& boo L11t1
granted in tho cause peuding tho appeal from the
decision denying tho bill Of particulars, and I
do not SEQ thRs tho cause can now como on.
But 1t has bean go far modified aa 10 onable the
other sido to mako aay application to hare day
fixed for trial. II thoy hare any to make to-
day, NC are ready to hear It.
The Court-Has anv stay beon granted
Ex-Juago AIorris-Thele is none. There WAS
a stay granted, but 1t has been so modified aa
not to Interfere With the cauro on the calendar.
suppose, under the circumstances tho trial oan-
not 80 on. suppose q das can bo fixed.
ExJudgo Fnllerton-Wa want tho earliest
possible day. I understand that this Court Is 10
be heard at any tine, Yeare here ready for that
argumeu. now. This. .ia d caao that should be
lleara at once. Considering the parties inter
ostcd and tho hearing Of tho caao ou tho public,
it ought to DO heard at tho earliest moment. l
suggest TINT tho appeal b. disposed OF at once,
and thcao pattioa brought to close quarters, sud
this cause ondoa. This application il only to Do
10y tho trial.
Con. Iracy-May It please the Court, this is a
canso Of tho grasest Importance. THIS attempt
to force tho oase on By tho other aldo Is madc to
infnence public opinion, and not tho Court. To
that practice in the conduct Of this causo wo
propose to give the other side an entire monop-
oly. Wc pfoposo to try this caNso before tho
public or newspapers. THO motion is made in
entiso good faith. and ! repol With In
dlgnat1on tho ASSERTION that tho appeal is takon
only for delay. The appeal waa takeu because
his Honor, Judge Nolason, who denied tho np-
We arc ready whon this Court, In the discharge
Of its legitimate functions iB ready to tear this
cause. When tho appeaa comes up, wo will be
ready to argue it, and abide the decision. Be-
fore TINT fine comes any naacrtion TINT this
cause should bo tried. is addressed, not to tho
Court, but to tho public. That IL oil We have to
say in auawor 10 the assertion that Tho appeal ia
only for delay. 1agree with tue learned counsel
that this il gravo cause, aua should be tried ut
tho parties como to olose quarters they will And
It quite as close on tho other slo as thoy want.
Tho CougEThat has nothing to do with 1t, Mr.
Tracy.
as thu suggestion that this appeal is intoudol
only for holhy, to which 1t in ID answer.
Tho Coutt-1 suppose. or I know from Judea
Nelson limsef, that tho order staying proceed.
ings was 30 framed ~ to allow She cause to DO
moved on to trial. He may grant stay it you
agroe to argue tho apponl immediately. At all
oyonts, there was no neoosslty for you to como
here to-day, except TO 1noyo to have q dav fixed.
! think should fix day for trial. II Judge
sa nsnp se eiael m g sgSay ss s a ase IT,
E1:Judgo Fullerton-:1 should think tho tina
for thn hoaring Of tho appeal should bo fixoa
now. Tho other side should be roady. Tho
counsel hero read a stipulation on his stde,. to
waive argument Of Tho appeal from Judge, NeIl-
aou'a order, and allow tho Court to decide on
tho appeal at once. lie then continued, asking
tho Court to ti1 a timo for tho trial, irrespec-
tive Of any action Of tho learned Judge appealed
from.
Con. Tfacy-We aro roady for tho arpoal. and
only want time to prepare tho papers,
E1-Judge Ful!ettog--I hope tAe other side
will waive tho printing Of the rapors.
Mr. ::Shearman-A!Iow INC TO aay that Judge
Neslson will not dspouse with tho usual pr,nting
OF tug cano on appeal. 1ie assured both myself
and Alr. Morrss to tlat effect.
E1.Jadgo Fnlletton-Well, we will attpulats to
have atl tllo papers printed by tomorrow morll-
ing,-for tho other aldo too, il ii viii expo
ditto the matter, md stand tho o1ponBc our