New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-12-09
THE LEGAL STRUGGLE FOR DELAY.

y
A STAY OF PROCEEDINGS oBrMNED-sHARP TX
CHANGES BETWEEN THE CoUNsEL-CHARGEs OF
SEEKING DELAY MADE AGAINST BEECHER's
COUNSEL
Promptly at 10 o'clock yesterday morning
Judge Nelson entered the City Court room, aud the
Of Theodore Tlton against Henry Ward Beecher was
called Mr.. Madison. the Clerk began calling the panel
OF Jurors summoned to try the and had proceeded
for some time when Judge Nelson interrupted the pro-
ceedngs by suggesting that time might be saved by
postponlng the call until II was decided 10 90 on with
tho case. lie said:
Judge Neilson-I wish 10 say 10 the counsel present
that this formal call having commenced before they all
came in. would ike 10 kdOw wnetner thcJ prefer 10
wait 10 this manner until the whole formal call IL COM
pleteG or whether 10 would save their time 10 maze any
Sp1setd with the call il that is grceabe
Mr.. Tracy-How long Will it take If your Honor viii
Judge judge Neson-Two hours at least; think so.
Mr. Madison the Cerk)-We have 50 pages OF slips
Containing names of iarors) yet.
Mr. Tracy-How many have you got over nowi
Mr.. Maliison-wc have got over about SEQ; in that
Judge Neson-A hundred have been sworn.
Mr.. Tracy think We will wait through, yonr Honor.
The calling Of the jurors then continued FOX some
minutes without incident worthy OF notice. until Mr.
Tracy, for the defendant, interrupted.
Mr. Tracy-It occurs TO us. your Honor. that, n any
disposition TO be made of this case to-day II would be
sa Should be- Gn9 so that they GO
for the day, and therefore we think IL wei 10 renew
suggestion made by your HONOR rev moments
Judge Neson-No doubt some who have been sworn
will require to be excused. that hink We had bet
ter nsh unless you prepared to dispose of the case
In some form.
Mr. Tracy-we are on our side.
Mr. Morris-Wc ready TO try tho case now; always
have been, and desire TO go on for that reason.
STAY OF PROCEEDINGS.
Mr.. Shearman-we submit that, the Court OF Appeals
having reversed the order refusing us bill OF particu-
lars and having permitted this court 10 exercise Its fair
discretion in the premises have applied 20 the Judge
holding Special Term, and obtained from him an order
70 show cause rcturnrbs on Thursday, at 10 In the
morning. aud a stay OF proceedings In the mean time
This was earliest day that ne c"uu nx In conse
auonco of the absence OF Mr. Eyarts who teegra phed
10 that hardly expected 70 be back
opinion OF the Court Of Appeals Of which have only
seen an and unofficial copy iD the papers,
ali the counsel have not that II Is obvious
of course that the cannot the present time
and we desire TO have reasonable time-iu fact, the
order TO show provides that should he at some
reasonable time before the a Of the that the bill
of particulars should be furnished STILL we are xious
particulars.
Judge Neson-Have you any day to suggesti
MI bhearman-We suggest some day week; wo
ara not particular as to the day We cannot OF course
bud ourselves absolutely TO go because very much
would depend on the disposition made OF this motion,
Of particulars IL explicit.
MI Morris-The application was formerly made before
your Honor. and arguments have been heard on both
sides upon all the fcts and circumstances relating ia
the application II the counsel desire early dsposi.
ton Of that application don't why might not be
disposed OF here now without any delay. The coun.
gency your Honor will rec0lleet. that suggested vhes