New-York tribune., 1874-12-01
THE BROOKLYN SCANDAL.
THE BROOKLYN SCANDAL.

THE BROOKLYN SCANDAL.
TIE MOTION FOR THE TRIAL OF THE CRIMINAL IN
DGCTMENT DENIED.
Ex-Judge Morris Of counsel for Theodore Til
tom on Friday last made motion before Judge Nelson
Of the Brooklyn City Court the effect that District
Attorney Wlnslow be directed to name a day for his
clients trial on indictment for alleged ibeine OF
the Rev Henry Ward Beecher Mr. Morris asked that
Tuesday Dec g. be named the day for trial. The Dis
Attorney opposed the motion on the ground that
the Court had power to act in the premises Judge
Nelson yesterday denied the motion. His decision
reads as annexed:
Gin, court Of Brookryn-The People, &c, agt. Theo-
dore ron.-rhe application 10 have the case set Gown
for trial on the or December next was supported Oy
Mr. Morris OF counsel Tor the defeudant and opposed
bv Mr. Winslow tIe District Attorney, each presenting
views aud arguments WORTHY of earnest W m
early trial. T. proper that the application should DC
made on his behalf
But the discretion vested IN the public prosecutor as
10 the order business in hs office should not be n-
terferei with by the Court except FOR grave cause ln
great cities the pressure Of business be large many
cases calling for more immediate attention, ny reason
OF the nature OF tue ONnse charged cases honda IUe,
r tere ia m ablIfV 10 get bail! and the Dhtrct-
Attorney, however Jealous and fahu in the discharge
OF duty not be able 10 glEea 10 some
who might appear to have Just claim 70 IL In
this instance the Indictment for mere nslemranor'
was found October last and do not thluk that the
LAPSE Of time has been great 10 justify as IN giving
direction which should only be gwen where ne prose
cutor has been rem.ss in bringing the case forward
When the civil action OF Tlton vs. BeecAer was on
the calendar before Judge Reynolds, understood sm
to suggest and think, properly, thar the civil caee
arising OF the matter as the indctment shouG.
n practicable be first tried The District Attorney
ella ms to accepted and respected that SUGGESTION
But the argument OF the DEFENDANTS counsel WIZ
reference questions OF economy and eIpediency
has great force He apprehends that the decision NJ
the Court Of Appeals upon the lnterocutOry question
about presented may possibly Oe 80 delayed that
the civil case proceed on the 5ih OF December
a. set down. He thinks that this indie uIent Iu-
wolves the matter the civil actOn, and requires
the same preparation, II should also Dc set down Tor
tuat fav so that the other may be r56d II
IL certainly due the Court and TO the pubic Interests
that one OF the should be readiness, as the time
has been Sc apart and the jurors ordered.
But eau make order and must leave the District
Attorney make sucn arrangement With the defend
ants counsel as MS official engagements may permit
J. NELSON, j. {. &.
To-day the argument on the appeal from dcge Nell
sons order DENYING the bill OF particulars asAed for
by the Rev Henry Ward Beecher's counsel will be
heard before the Court OF Appeals. The Hon. VIM. NJ.
Eyarts and Tuos c. Shearmau Of Mr. Beechers counsel
and ex-Judge Wm. A. Beach and Gen. Roger A. Pryor
OF Mt Tilton's counsel left for Albany last night