New-York tribune., 1874-08-04
THE LIBEL SUIT VIRTUALLY ENDED.

the mutual friend OF Mr BceCher and Mr.. Tilton, -
the guest of Gen. b. r. Butler at Bay View
THE LIBEL SUIT VIRTUALLY ENDED.
JUSTICE Riley DECIDES TO DISMISS THE CAsE-rHE
COMPLAINANT AT LIBERTY To APPEAL TO THE
SUPREME COURT-FUTURE LEGAL PROCEEDINGS.
The announcement that Mr.. Tilton would
be examined Yesterday before Justice Riley, on the
charges made against him by VIM J. Gaynor FOR libel.
drew large crowd to the courtroom long before the
hour OF opening. Inside the railing were seated many
prominent lawyers, with DR.. Corey. the physician In
iuDaoy few minutes after 10 O'Clock the com
planant entered and Mr. Tilton soon followed him,
accompanied by his counsel exJudge Morris Assistant
Dstrict-Attorney Farren followed afterward and
held private consultation with them. Justice Riley
called the at 1890 and proceeded Immediately to
read the following opinion:
In the matter Of The People agt. Theodore TltOn.-I
entertained the complaint in this case, and issued
warrant against the defendant belevln. II to be my
duty to do So had no knowledge OF the complainant
or ms position In the matter. The defendant was ar
rested on that warrant and appeared before me person
ally and by counsel and the complainant also appeared
at the same time, when IL was admitted by the com
planant, and thus made known to for the first tme
that the complaint not made with the knowledge
or the consent OF the person alleged TO have been
onense it s also that 1t is such oense because OF
the private wrong and injury t incts upon the nul-
nate with e peTsoP sssseS stbonea # is not always
absolutely essential that this should be so, and many
occur whore third persons may properly interfere
without incuung odum censure OF any kind As
the public oense however, consists in the injury done
or threatened TO the individual, 1t is hardly
consistent with legal principles to assume crime
from any composition or publication however vrulent
when the person therein mentioned, who Is generally
supposed 10 be tho best Judge OF what aecs MS own
reputation declines Omts to prosecute therefor The
person mentioned In the publication complained or Is
citizen OF Brooklyn to whom the courts are as aecesspo
10 the complainant and In this ca5e he has not seen
tt to make any complaint and does not unite IN IN TINS
that is my duty to dismiss the complaint not because
the complainant did not have right TO make IT, but be
cause the person alleged to have been oeed does not
unite IN tins prosecution, but as may be wrong IN
view Of the law will incur no FISK OF error In the
matter. shall not therefore dismiss lt pow but give
notice that will do Wednesday morning next at
10 O'clock to which time this stands adjourned My
onect IN thus postponlng the nna decision oenS 10
afford the complainant an opportunity 10 apply 10 the
Supreme Court for writ OF Inandamus to compel me IT,
proceed II am IN error IN refusing In thls event
shall checTfuly perform whatever may be regarded as
my duty III the premises; otherwise shall terminate
the case as have already stated.
Mr.. GaynOr then said 70 Justice Riley: "Do under
stand your Honor to decide that l had right to
institute this proceedingl ." Justice Riley answered: !:
mo- | do not so decide" Mr. Gaynor then made this
inquiry: "rhen your for leaving me to get a
mandamus from the Supreme Court TO compel you TO
proceed with the hearing, because the party beled
does not unite with me 10 prosecuting this case 7"
Justice Riley returned. That is the reason" and
after adjourned the case to Wednesday morn
ing
Riley is that no further legal action will be taken. Mr.
Tiltou. counsel exJudse Morris says that there is
probability that a mandamus will be obtained COM
peng hearing and 1t is understood that Mr. Gaynor
will make no attempt TO push the matter further Mt
Tton said last that be unfamiliar with the
legal details but he supposed the case was now ended
When asked if he thought that legal proceedings would
be instituted after the Investigating Committee had
made It's report either OF his own motion or that OF MI
ba ha moi
upon the subject
A member OF the Investigating Committee remarked
Yesterday afternoon that Justice Rleys action had dis
posed Of Gaynor's case There would be chance OF
Mr.. Gaynor's getting a mandainus from the Supreme
Courts Judicous people everywhere though, that
Justices Court place TO bring up such matter
in. He thought 1t not Improbable that legal action
would be taken by sim the other after ;he Com
mttee had finished lt laDors but, his opinion there
would be no occasion calling the Grand Jury Oh
the District Attorney. Either party is able to protect
It's own interests without that. and the best course
would probably be to institute a civil suit
Counsel for Mr. Beecher said that he supposed Mr..
Gayuors case was at end, and he did not think
there would any other legal proceedings coming after
the investigation He was confident that Mr.. Beechers
friends would not prosecute Mr.. Tton. Mr. Beecher Is
q, TOO forztying a spirit to desire that He thinks
that those who have tried 10 nure him will be punished
enourh by the result Of the investigation and by the
report OF the Investigating Committee. Some or Mt
Beechers friends felt that even his OBJ
tanned legal action against Mr. I1lton the effort
would be useless, because any jury would aequt Mr.
Tlton on the ground Of insanity. He admitted that his
own opinion went so far as this.