New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-12-08
THE SCANDAL SUITS.

| PROBABLE DISAPPOINTMENT OF BOTH CASES
| TIE COURT OF APPEALS DECIDES AGAINST TILTON
AND GRANTS A BILL or PARTICULARS IN THE
DISCRETION or THE COURT BEIoW-TIIE COM
PLANT AGAINST MOULTON AGAIN ORDERED
NEUTRALITY-SUSPICIOUS. FOR THE GREAT TRIAL
TO-DAY - PROBABLE LINE OF DEFENSE - THE
CHEF WITNESSES TO BE CALLED.
The Snit of Theodore Tilton against Henry Ward
Beecher for criminal conversation with the formers
wife, for which damages to the amount Of $4,000
aro claimed, will come up in the City Court of
Brooklyn This morning, at II o'clock. The trial Of
the caso viii not be begun to-day. for IN important
motion VIII be interposcd in consequence of decis-
IONS yesterday liz the Court Of Appeals and in the
United States Court for the Eastern District OF
hcwYork of which full particulars are given Else
where. The two decisions really DO not affect the
merits OF the two cases; tiey only cause delay A.
D3trict-Attorncy Wmslow of Brooklyn expressed
1t yesterday, They arc . part of the strategy
of tho case" Al along il has been
the ain of the attorneys of Mr.. Boechcr to compel
the trial Of Mouton for the SANDER OF Misc Proctor
before tl@5 OF Mr.. Ba'chcr; for conviction Of
MGuicl, which il generally considered as iueyi,a-
biz l'nce he claims to have Written only what his
wtncsg, Mr.. B,,chcg. will emJha!cally d3ny). wonld
ihyHldte his testimony a. the cuirf witness of Ill
ton on lis suit. For the reason, Mr.. BeccbcrJ
lawyers have sought to post pono tno trial OF liltOn5
suit against their client. 1he aim OF ieous and
hoHitoH's LAWYERS On the other hand, has been to
delay M5E,on's tg.Il and to hasSau that Of Whton.
Yesterday both sides gained victory, but neither
was substantial enough to boast over.
The Court OF Appeals reversed the order of the
General ierm Of the City Court denying Becchers
application FOR bil of particulars of the Zines and
PAGES at which l,on ailegc, Mr. Heecler aud Slrs.
ii!ton committed aduituy. Bat in doing 50 1t
avoided any decision on questions of law, and re-
m-ted the case to be decided upon its merits as to
the application for BIZ of particulars. That Is to
say the CONT Of Appells decides as to the right Of
the defendant TO IA bill If tho circumstances III tho
eyes oI Jdleo Melissa warrant. Ials may post
pone-it may Only d.l.y-tho TiltOn-Beecher case,
when 1t comes up today; at any rate. Judge
Nelson viii be called upon to decide the
matter I, is rcu.tcl to " ,hc discretion Of the
Court whether or not such bill be allowed. and
naturally any Juds would hesitate TO decide 1t at
when he is sure 20 be reviewed By tue Court OF
Appeals. JdG % Nelson, before whom the case Niil
come to-day. stated 10 TRIBUNE reporter yesterday.
that lie should Aayo goat reluctance in deciding
auch question. iIo las held, aud yesterday,
strongly expressed his views that while under ord-
nary Circumstance # assault and battery, when
plaintiff knows when and where he was beaten,
or If slauler. TAero pllntiI las his
wines TO tae date ana circumstances and
- - = ~, - ,r,;o,I,r, ,,.,o
~. i';.ia! -. H. q:l,,,;,
,ir.aIf q, fin, ,,r,,f
cf the few occasions of adultery of which he mad
personal KNOWLEDGE or information. Tho cirCum-
starces were entirely different in tic case Of a man
wroacei as MT. TiitOl had been l3upposlng ne had
D''' "'''s - - ''-H ''"' no CO.. -, -,
-, ~ ~" 40 ~ "s''' I''I,,,
49, u ''o '''''''.'' I.4 D.! i,d o ,I,
',I.i, would n-,.,LIv b, brought M to-
1a,. H.. was informed tlat the counsel fer MI
i,itou had already prepared bill of PARTICULARS.
which il wa, stated was of a general character He
,,,..d That ti.c ,yr, entitled to n,lo il Of cen
-, .i,..t.,. = ,, - ,o,,,s.,riIy he n = General
>i'..,',l.r t,,r.,t.Id d. div oII,,.l i, ~
,.,,..., -,. ,r.t noluIi.,i,, carroJ varo COM
,i,l ,,,,,, 49,, d,, IN III. ,e,r from tbe Tina
vLe, t.e ,.l,.ed intimacy bean t. when it
st..,,oJ ne enid very cu.,,at;cally "th9t will not
do y The hill Of rar,icIlars has been drawn no
IN orf,ci,otio, If H., reversal NV the
Co,,t ,f .,,,.rs which c,,, r,,la yc.ter
a., ,,t - +, NOT If tl,o oorr-ll
,,,.,,,r i,ii.,.cI. T. su,sifc3 certain & ,,s and
,lo,os ,,ror which ord ~ which odylierics vcro
,itfod md -, in general Terms indic.tcsother
cc,.i,n. and rIac,i yiti,out sprc;fyng them This
Hill has bcpn prepared for some time past, and It
yas the intention nj one time Of the counsel lor
Triton to surp.i5e tie tense by the submission #
for cx-Jndee Morris and Mr.. b. T. Tracy " opposin!
counsel and consulted with them upon the new
issue presented. No trustworthy information of the
e t.f Dup pui1 obtained.