The New York herald., 1874-12-10
Proceedings in the United
States Court.
VlNDlCATlON OF EDNA DEAN PROCTOR,
Interesting Testimony Before the
Referee.
MORE BEECHER CORRESPONDENCE.
MOulton Pays $4,315 as
Costs.

The United States Circuit Court, Montague,
corner OF Clinton street, Brooklyn, was thionGed
by q curious audience yesterday morning, VINO
were attracted by the announcement made that
the trial OF Francis D. Moulton, for HAVING pub
.lished libel against the character Of MISS
Edna Dean Proctor, would be commenced.
The suit was instituted. 1t Will be re-
mempered, to recover damages in the sum OF
sloo, o0O but rom the earliest institution OF the
complaint the fair paintin mas discaimed any de-
sire to recover aught else save judgment which
would vindicate her character a. pure and
virtuous woman. The case as Q side issue to the
main question In the great scandal suit OF Tlton
vs. Beecher, Is, however. the most important
action that bas been broacned since the reputa-
tion OF the pastor OF Plymouth church was nrst
assailed by the breath Of scandal. The plaintin
was alleged In the statement OF Moulton out OF
which springs this Agitation, to have been on
terms OF improper intimacy with Mr..
Beecher. The circumstances Of the relationship OF
the parties concerned purported to nave been
learned by Moulton rom Rev. Henry Ward
Beecher himself Had there been any truth in the
allegation the open trial OF such case would as
suredly have necessitated tle taking OF testimony
OF q most obscene nature. Hence 1t was source
oil astonishment to many who were present In the
Circuit Court OF the United states yesterday fore.
noon. when bevy OF eighteen young and middle
aged ladies, chiefly from the congregation OF
Plymouth church and residents OF the Heights OF
Brooklyn filed across the threshold and took up
their seats on the left nand side. within the en-
closure set apart for the Bar ana the press. Nh.
Ovtngton and son, at whose house Mrs Titon So
journed after leaving her house; Judge Moore OF
the County Court; District Attorney A. W. Tenny,
Assistant D ,strlct Attorneys Moore and Hoxie,
Theodore Tilton, ex-Judge Morris, Franklin Wood
run and other notable ciuzens were prominent
among the spectators.
MISS Proctor entered the Court accompanied by
her brother. and leaning on the arm OF General
Tracy. the senior counsel for pialntn, about fifteen
minutes after eleven O'Clock. Ex-Judge Van Cott
and II. Broadhead appeared as associate counsel
for the complainant, and Tor Mr.. Moulton ex-Judge
Fullerton, Mr.. Knox and General Pryor were in
attendance. Judge Woodruff came into Court
few moments later and the crier called the court
to order. Five jurors being absent, the Court or
dered that they be fined $3.50 each for the offence.
The Court then called the case Of EDNA Dean
Proctor against Francis d. Moulton.n
Mr.. Fullerton arose and said they were NOT
ready to go on with the case for TWO reasons. In
the nrst place there was as yet no issue found IN
this case which gives the Court jurisdiction to try
the case When an eppor unity was presented he
desired to contest the Jurisdiction OF the Court.
was III, and had been confined 10 his bed since
Saturday last with disease to which he had long
been subjected. For these two reasons they were
not ready TO go on with the trial.
MI Van Cott said there was no reason why the
case s not at issue The right was reserved, under
the order made when the case was FIRST called, to
make an amendment which was an amendment
by the change OF word; defendant was at liberty
to answer instarter traversng II he pleased or TO
answer on the trial II b, so elected. On the other
point they had no information before the Court as
the nature OF the 1ndispostion Of the defendant
Defendant could be examined at his house II It
was necessary. There was no reason from the
present situation OF the for delay in the trial.
The suit was commenced months ago, ana ample
time for preparation had been given de1endanrs
counsel.
Judge Woodruff said the only suggestion Is that
the defendant Is sick, No time Ior preparation
can obvtate that embarrass ment.
Mr.. Van Cott objected on the ground that there
was not formai certificate of the indisposlton OF
Mr. MoultOn presented, so that the Court could de-
termine as to the character OF the Illness OF the
defendant and be guided thereby In assigning
another day for the trial.
Mr.. Fullerton said he was not disposed to delay
the case. His friends on the other side were az
well informed as himself that the defendant Is
under the care OF physician and confined to his
bed. II they put this cause in a condition where
1t can De tried at once he was ready to enter upon
the trial at once. II the gentleman would name
any respectable lawyer OF Brooklyn or New York
to wnom the case could be referred he was ready
TO enter upon the trial before sundown. He would
also consent to the amendment OF the proceedings
in anv way his adversary might say.
Mr.. Van Cott, alter some further discussion, said
1t seemed then to be question oil damages, and
har~,
ming. Hence they would in order to facilitate the
disposition OF the case, and the recovery OF the
debt, accede to the proposal for reference. The
defendant would be better as soon as the case was
out OF Court. They would suggest the Hon. Ben
jamin d. Silliman for referee.
The referee named was accepted by counsel for
defendant. Messrs. Fullerton, Van Cott, Tracy
and the other counsel then withdrew to draw up
the stipulation determined upon Meanwhile the
ladies gathered about MISS Proctor and most en-
Enthusiastically congratulated her upon the vIndi-
cation which she had received in the turn which
the case mad taken. one OF the gentle sex rap
turously exclaimed, as she caught the painttn oy
both hands In the yestibuie anu Kissed ner, You
alter one O'Clock, the counsel returned TO the
courtroom, and, interruptlng an argument touch.
soSspa snS co esgn9ee Van doss addressing the Judge
SAID MAY it pease Your Honor. We have en-
tered into a stipulation with regard 10 the refer
ence TO be taken IN this Court"
Judge Woodrun-well, let II be made In the
form Oh an order OF Court, - an order In open
Court.
The following order and stipulation was ther
made:-
CIRcurr couRr or UsIryD STATES FOR THE kAsfrEs
DISTRICT nav Y0RK-Edna Dean Proctor rs- Frunrs ~
Aoaon his cause having been called for ula ne M &c
as ioowsfhss he Il issue now formed ssS
be referred tor hearing 10 Benjamin. u snnma ESQ
or in The event his declining 10 act 70 Jonn Green
wooa Esa or IN the event OF mis- refusing e connse
circuit Judge. That the hearing Of said issue shan ro
iced iorhwlth and de de IN diem until the same ena
nave been submitted to begin at the residence Of Ben
amin " snliman, ESQ.,, corner Of Perrepont and Chn
ton streets, at one o'clock this afte ternoon.
xhat st time during the hearing the plaintiff may
4rnend her complaint declaration she may be ad
vised respect the citizenship Of parties; and
that any averment IN thereof will be admitted
by the deien endant
That an order entered In conformity with this sp
TRACY. CATLTS BRoADHEAD,
P.aintif's Attorneys