New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-12-08
A MOTION IN MoULTON's CASE.
4 rRoBApIE PosTrONEMENT TO ENsUE.

which to answer the amended complaint in the case.
II Will he remembered that last Thursday the
called in this court for trial The defense raised a
question of jurisdiction, the ground that 1t
was not shown in tho complaint that the
plaintiff was citzc Of another STATE than this Coun-
sci for the plaintiff made motion TO remedy tho error
by changing the word resident wbCrcn 1t occurred
n the complaint, to "citizcn" This was granted An
adjournment TO tomorrow secured the plea
Of the defense that they had expected the question OF
jurisdiction wonld interfere with the immediate prose
cuion Of the trial. and hence wholly unpropared
for 1t, having witnesses present So it VIII
be seen that tho osiepsble purpose OF the
defense in asking to additional time was
to procure witnesses TO prove the lady to DO "A
citizen OF this STATE and thus establish that the court
lacked jurisdiction ia the Roger 4. Pryor and OK
Judge William Fullerton appeared TO- NJ Mouon, and
Gen. Il. +. Tracy and Joshua NJ Van Colt for Miss
Proctor Neither Of tDe principals In the SUIT was
present Theodore TltOn attentive observer Of
the proceedings. There ouly about half dozen
spectators, excepting lew lawyers VINO were tGerc to
attend TO cases OF their Judge Benedict being
present to bear anohcr cas', sat beside Judge Wood
Iun curing the proceedings.
MI pyOr-l your Honor please. In the OF p. 0Cor
against Mou4tOn, We desre 30 make application ~
rScttc The order recently catered alOWm. counsel Tor
the poinT to am m tao coMpl .ilt 10y sub ;i.utlng
tie WORT e t arA' Coy "I,.l.tu' TINS ti1 JtIH, az
issue. We respectfully ak hat the word 'ui.i" br
strlckcn on, aud t1c wJri "aciou' bc substituted for
IT, 1 would also move that tie crler Oo 50
amended that We med LO. 10 Icq.Uc1 to
make IN answer to uc amended complaint OIL
", ducsluy mex, TIE day st for De ,liI".
You VIII Observe that restricted by tbs order 10
amend our answer at hc tri o. tina action. Yu will
observe that tn, order oOHscs to traverse by
era. denial Of The allegation OF ciiiz nsAip. SOW,
don. know that We Can do That. We sLJuli ha.a to
swear To il. W ill tr.yer M tha original aa>wc.o
answer on eydcIct-9.t we can't dcnv that
with truth and ctndor Il we 30 MOI
us to PIT m sucn answer IA t. TINS orle IT ohi-e- rs
admit mat allegation. wnc an essential one. az ei-e
- aV'liH We MY suppose ta' ne HiI non 10" Is
insufficient Ne dc>ir, 10 dcnur 10 the allegation OF
simply 90 wish To left liberty such rc-
SronSe, We suppo We have ll-iiI to do 40 not
know that the 1ehI men on IL Cicr Side VIII o'jcct
Nh Ir@cl-oh, ycs. your Honor, We OH ct to il.
supposed thJt dytrro that tie lady Wus citZ OF
foreign STATE at thc time OF the publication oI the
liucI, ant iEat she = new.
EX-jUisc Fu,nou-it Is for that reason that We ask
Mr., Tacy-I suppos / ina, it understood she was
az Tue time OF tnr CONNIE ',mcut OF TINS aciuh. W
state tuat at the im' Wien tie iNlcl was pi..'l $40
cuz-n ol Nos4caH>ce, aud NC s,~,5 i-'. slo Is
now ci..z zen - II ,s'cuu>ous,
Tie COdrt-YoH woI, ooiart 'h"r4
III IIdtyI W.l; !or j ,naDc, tecm to Go lust what
is tneir dttIg.--0 put 81 tno cause. They have
sVered ana II there IS ah, DOUBT ON Zoe point "sK
prruI SION TO iut,hrr amend amt "a W tina sue Us
cat zen -dir atShc inc ct the action. htd
suppOed tLot ine 'tloE OF it'ldrhee Wa" SuH ht
aNrrneu OF ClZ ll-uIp 10 thc tHc OF tac commence
ment OF TIE "cuon la'~ mat may amend 80 as 10
In OF another State. 4 is ony IN ,fJrt 20 postpone
JtIufce Fu,,crol-yi,.l r. ,c ara 10 be r.sIorshle
for an tue errors IN tHer c.np'int, shan no, hdve
l9G 70 yet he -hl, heucve, aud I.s an W1Vugyct.
olr. Trac!-Wcii, dou'. tHinh l. Is wong nov.
ar emitted 10 AL the advantages wncn tne law ard the
practice give us on ~ ann .ineul o. co4l !.:.-,
Of tie Ge'"nim1 I9-W la" 10 nave 'Lr''
NJ ami 81
commit the error and 'ne object a" the oiaof side IN
,l.intf was from another Stc. Tie Gc cuaHHj shoIi
nyr 70 days MAiCu 10 Dn~N'E Now l. } SAM % IL
20 ara ourselves OF ns point Tho pdrposc
of r,tI1c Uu he cause. llI Headlight Sc ar not
al. Ii We are rNl tl'3 IT, - Ci e., Nf -
r,g oil G. We may nave lin ours yr. o. f Z
r II lr.i natc ont, snoad pc t.n In,o cun,Itcr"ton
~ tuc cJI.. Tao Tran, a. al .ii.', - ga. lIe
tear. Now thcv make il m'Ion TO amend mo- c';n-
plan. St.. ur,Aer SUI 10 f3i u ).oi 5-'' VOC
1lll NOT entertain thAt nbjoA Una LF"l =. inv
or,ler tniuK. Goes injustice 10 u.-uH.eht. many on
nosilion when nc A.'ealsai 70 0eca2 amber -e rules
Oh ~ T9crYour honor win remember rha W, ey'rroi
mi : 70 Was resilient. in,.ii 81 ct1 no ~ s@Je
and propose 10 amend INA. b. 5'l:h- "4t .-' "''t
:. r, ,lGout" aud making a. - can .' ANA .'rr"-'
- avrrrc1 10 resident az the time OF the ion,
"1r attention WAS not cad Il, n't nd We UIok l
nm. iu.t l.r member OF IIF A..H, N.J pre-
Ell =, is aluolUel au*"cr-.his complaint l neal
inn the coni.lIlnt ana not s,i,r Eat "a. was a
citz ~ Of the atir al ne i'e oi .i' eLcLt o.
ia aciIou-aud an II I5 very ccT ina ia" Was a.
al.
llcading, tra, sac was sdch al TUG uLe o. 'h M
Iencciitnt Of TIE action. a there "ny d"u" II is
very technical criticism 81 the p,gaain$ WH,n CGSn.
MOI 10 interfere. A. 10 the "her question, Mhttlef
he counsel enucd 10 - o'l 10 sotT. IN Amended
rom tnat right l. was put on tie ooni ion that tie
uostuourmcut III tIe cause wAcn Dc "a hcd for lie hdi
bs din. On tue trld t,r tn ul had commenced.
II y IS bound, therefore 70 come prepared for taL He
C"lt On that wc Iad umc 10 amend our compunt. and
,,ir L,nor stated tnat DE- shDoIi amend iS adswerhV
.iff.tt u rs ftlf nIfu
of NON tAc I,',i IN i ,nn onr rh,crs a. i,iruc,nU
Ia t,. iIia Now he awaited himself or tntt
Giuup he has got h!s pos poAeHeIt' ana having on.
aur tie po-po.enVnt, lie [onrG ioI t"tW ud ,
nde plant at all, ans we could nave declined
to DO II. II W"ad nave $1,000 on 'io ordel o. your
Honor; b, for greater certainly Ne served cory Ol
III "i"e F0ller.ol-I state to the Court nov-aud
enc Z me sentiments OF ass0oate-that sc H. oul IA
Gpod fait. 10 dispute the residence OF the ranin IN
80 - re- ana inmcdiat Is the adjournment OF the
t,u the names Of witnesses for that parpoec mes
rar viii he here io.!uU'IOW With evidence 10 snow
'iI ho = a resilient Of Ncy-Ulmp-Liro We lu;cnd Tins
~ yooI fan. Now sIr, we ana not knOw-we cOud not
S,rfbat those witues.cs WOJd DE necessary On The
; of tIs c e unui your Honor made this disposition
OF tic case. We came lor the purio OF fdi'inS qs
Ii ~ vour llonor We not Object to their amend
IT,, Their complaint oi.cn as thoy lkt-Opce week.
day, OF once an I'u' rovIIiu we he given
The advantages which are orr rl9ht We cannot DC
Gv i0r ira on Wednesday because or thit question
~ ~ z.nsni-becase is one on which we shall take
testimony IA two iorcisneaic by we ie
.rruied: and we therefore ask lhat We DC IeIu'lcu
Ii,''r to tins complaint, or, II he amend that We
nave 20 days in w1cl 10 pu IA an answer ,o eoo,red
MI Iracy-I submit. yOnr HoDor, ,iii' 'o ~" a m IN
90 dan mr. Ia the com pant ne SHOULD nave uohe so III
the beginning. ,,,., 80 .,rocor "a dnuur ot This
Court do NJ think II IS proper ~ ut , az
,, -, tnc cnusr do not intehd 10 make that corlec
on slalI order The correction ID the beaihiEh OF
,he couniaiut nv striking out the "Vru IRA" ,",' ~
mere for the word action, In regard "a 'ho
.uis raised by counsel cannot entertain 'cn
MIR. Trdcy-Wil your hoNoi
tn prpV
" JnIgc FuIlerton-I object srennonsy. MI ,.,,.o
:, Tho trinl will proceed "Wednesday Inv "Fitu'o
p INV ru1cayur 70 Introduce Witnesses 80 Provo
wa Pc ~ tney slid thew would 80 II ,yt1 TINE.