Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1874-08-13
Beecher.TiltOn.

New YORK, July 31.-The counsel for the
Investigating Committee and the counsel for
Mr.. Beecher disclose that they are extremely
anxious, as are all the members of the COM
mittee, to get Mr.. Francis d. Moulton before
the committee. They assert most positively
that his presence Is even more anxiously de-
| sired by them than by the newspapers even,
or the general public. Up to this evening
their letters to him, the mission of their
| special messenger to Narragansett Pier, X. l.,
and inquiries and journeys of counsel and
committeeman with that object in view. had
not obtained favorable reply from Mr.. Moul-
| ton. His business-partner said to-day that
Mr.. Moulton would probably be in town in
the course of the day, and reports reached
MIR. Beechers friends by evening that Mr..
| Moulton was in town, but no word came from
him, and inquiries at his house failed to sub
stantiate the rumors. Mr.. Beecher's friends
are now bold in asserting that there will be
nothing in Mr.. Moulton's testimcl J, if it be
given. that can hurt Mr.. Beecher, but that the
injury, if any, will fall upon Mr.. Moulton.
Victoria Woodruff and her sister Tennie
volunteered to talk to the committee this
evening, but they were not allowed to do so.
NEW YORK, August ga summary OF Mrs.
Tilton's testimony before the Beecher COM
mittee on Friday evening is published to-day.
Mrs. Tilton claimed that she told Susan B.
Anthony that her husband had accused her of
| improper conduct with several Brooklyn gem
tlemen, including Mr.. Beecher, but that she
assured Miss Anthony that there was no
truth whatever in any of the charges. She
denies, therefore, without reserve, that she
ever confessed herself guilty to Miss
Anthony.
| The Third District Courtroom in BROOKLYN
was again crowded this morning by those who
were anxious to observe the changing phases
of the Beecher-Tlton scandal. When the
| h,,e,, - l.. a
been disposed Of, Justice Riley called the libel
case of Gaynor rs Tilton, instituted last week.
and read the following decision
Il entertained the complaint in this case
and issued warrant against the defendant.
believing it to he my duty to do so. l had no
knowledge of the complainant or his position
| in the matter. The defendant was arrested
on that warrant, and appeared before me per-
| sonally and by counsel, and the complainant
| also appeared at the same time. when it was
| admitted by the complainant, and thus made
| known to me for the first time, that the COM
plant was not made with the knowledge or
consent of the person alleged to have been
| hbeled. Now, while it is true that libel is a
public offense, it is also true that it is such
offense because of the private injury it infiicts
| upon the individual hbeled.
| Complaints of this kind usually originate
| with the person assaied, although it is not
always absolutely essential that this should be
/
may interfere without mourning odium or GEN.
| sure OF any kind. AS the public offense, how
ever. consists in the injury done or threat
ened to the individual, it is hardly consisten.
with egal principles to assume crime from a
conversation or publication, however virulent,
when the person therein mentioned. who is
generally supposed to be the best judge of
what may be its effects upon his own Tepu-
tation, declines or omits TO prosecute there
| for. The person mentioned in the publica-
ton complained of is citizen of Brook
Ign, to whom the courts are as ac-
cessible as to the complainant in this case.
and he has not seen Mt to make any COM
plant, and does not unite in this prosecution.
l have concluded. at this stage of the case.
that it is my duty to dismiss the complaint,
not because the complainant did not have a
| right to make it, but because the person
alleged to have been hbeled does not now
unite in this prosecution but as / may be
| wrong in my views of the law, / will incur no
risk of error in the matter. / shall not,
therefore, dismiss it now, but give notice
that 1 will do on Wednesday morning
next, at 10 o'clock. to which time this case
stands adjourned. My object in thus
postponing the final decision is to afford the
Supreme Court for writ of mandamus to COM
pei me to proceed. II | err in refusing in
this event shall cheerfnlly perform what
ever NAV be regarded as my dutyin the prem
Uses. Otherwise / shall terminate the case
as l have already stated"
When Judge Riley had finished reading his
decision, Mr.. Gaynor said: docs your
honor hold that under the law have no right
to bring this complaints"
Judge Riley replied that. inasmuch as he
was not supported by the party libeled, he
had prepared this decision and would dismiss
the complaint on Wednesday next, if no other
steps were taken by the complainant.
/ he l. l.-s
ex-Judge Morris, counsel for Mr.. Tilton, OBJ
jected to the Court hearing anything that he
had to say. The Court agreed with tie coun-
sci, and the case was formally adjourned to
Wednesday.
The committee have learned that Frank
View, Mass. They regard his testimony as Of
the utmost importance, but it is improbable
that he will give it.
New Yo' X, Aug. Al. W. Sage, Chairman
of tie Beecher Committee, having written to
Mr.. Tilton, asking for the documents with
which he asserted he was ready to support his
| charges, the latter replies in writing to the
| effect that he appeared before the committee
and began to read the papers referred to.
when he was interrupted by the committees
Lawyer, who suggested that Mr.. Winslow,
| member of the committee, should perform
| the duty of examining them. Having ac-
quiesced in this suggestion, Tilton expected
a call from Mr.. Winslow, but about this time
he was arrested at the instance Of Gaynor,
and so the matter rested. He then informs
the committee.that he has at last come to the
conclusion that as they are "a committee of
MIR. Beecher's friends, appointed by himself,
expected to act in his behalf assisted by at
torneys employed exclusively for his vindica-
ton; holding secret sessions, inaccessible to
the public; having no power to compel wit
nesses; giving no opportunity for the opposite
side to cross-examine such as voluntarily APP
pear publishing or suppressing their testi-
mony rs you see fit, and 80 far as my own ex-
perience goes asking no questions save such as
were irrelevant to the case, and emitting to
publish in your imperfect and unjust report
| OF my testimony all that was most pertinent
! to my own side of the controversy he had
! determined to bid them a respectful farewell.
| His counsel had been instructed to taae the
| case to a court of law, and had in turn in
structed him to hold no further communica-
ton with the committee except a courteous
withdrawal.
| Frank Mouton has at last arrived in Brook
| Ign. He said in an interview that he had not
received letter from Mr.. Beecher asking him
| to go before the committee and testify.
Moulton said, with great sincerity, that he
still adhered to the opinion expressed to the
| Committee, that the matter should have been
| compromised He regretted that the investi-
| CATION had been commenced HIS said the
| Committee was an ex-parte affair, and never
| should have acted except with a view to effect
/ comprppaieo Rut continued Mr. MOul-