The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-03

| outside questions or collateral issues allowed to
! creep In. with regard to the counsel who will be
engaged IN the case" said Judge Morris. al cannot
| tell whether they will be the same as on the last
| OCCASION but / shall be able TO say more about
| that IN a few days. At the present moment am
disinclined to enter into any further particulars"
Judge Morris was then asked II ne did not
think there would be some difficulty in securing
jury. To this he replied that he did not think
thefe would, but he preferred TO not say anything
| more on the question with the exception that the
| courts will not meet until September
| JOHN W. sTERLINGs OPINION.
AS Mr.. Shearman Is in Europe a HERALD re-
| porter interviewed his partner, Mr.. John W.
Sterling, at his residence IN this city, No. As West
Thlrty-ditn street. Mr.. Sterling said:-
81 don't know that can give you much infor-
nation: Mr.. Tilton's counsel have simply pur-
sued the ordinary course prescribed by the law,
which requires that they give two weeks notice
| before the beginning OF the next term, the first
| Monday of September"
| "Then they gave you the notice much earlier
| than Ii was requlredH'
/ ayes, presume IN order to show that they are
ready.and eager to begin the fray"
"What course Will you pursue ?"
"Oh, we merely shall serve counter notice in
forming them, Just they do u.s. that we shall
be ready to try the case on the first Monday in
"Do you think the second trial can take place
soon 2"
Mr.. Sterling laughed and replied, az don't think
that 1, VIII take place any from the fact OF
| their having given notice before 1t was re-
| CURED"
THE HOPES OF THE DEFENCE.
"Do you think the case will be tried this year ?"
al think II the plaintiff is very anxious to have
| 1t tried this year he have the satisfaction OF
having 1t tried, which is more than could be said
In case the defendant were equally anxious for
| speedy trial"
"wln the defence have better chance OF OBJ
| tanning a verdict Tor Mr Beecher than it had at
| the first trial ?"
| ~ think SO, Mr.. Sterling replied very quietly
| 81 think there has been change Of popular sent
! ment in favor Of MIR. Beecher which will help
materially"
"Do you anticipate such verdict"
ooh, 1t Is hard to say what jury will DO. It 10
| always difficult to make twelve men agree in a
| case so complicated ibis. hope SOL think
| so, but yet.jurles very uncertain"
"Will the second trial. If 1t should come on, be
| as long as the nrst P''
Here Mr.. SternG's manner became quite grave,
| and lie said. 'You may be sure that it will not.
| Tfton, and not we, were to blame for the length
| Of the first trial. Nobody expected that 1t would
| last more than six weeks; but when all
the doors were opened to bring in the
most irrelevant evidence we had to stop
the cracks. We had no choice but to
meet It, Tito had prepared his case for years
mad manufactured his evidence-and we had not
single fact. That's why the defence took so
much timen
"Messrs Evarts Tracy and Porter will remain
Mr.. Beecner's counsel, will they not?"
81 presume so, although am in no position to
speak with authority on this subject"
"Dd Mr.. Beecher anticipate another trialP"
"Irealy don't know. 1 have not spoken TO him
since he went to the country"
GENERAL TRACY's SURPRISE.
General Benjamin F. Tracy, counsel for the pas
| tor OF Plymouth, was found last evening at his
residence on Montague street. lie ceased his
| perusal OF a recent decision of the Court OF APP
! peals and the following colloquy ensued:-
| ACKNOWLEDGEMENT, what do you think OF the
| action OF the counsel of Mr.. Tton In reopening
| the suit against Mr.. BeecherS
General TRAcY-Reopening tho case i am
| greatly surprised to hear it, l have had no In
| formation or any such proceeding
! REPoRrER-It is fact. Mr.. Morris served
notice Tor new trial on Messrs. Snearman Il
| Sterling this afternoon. CaA you give your
| views in relation theretos
General TRACY-Wel, Sir, know no more about
It than you do. When do they propose to try it3
| REPoRrER-The motion Is to be made at the
September term OF the City court.
General TRACY-Humpn
REPoRTER-Waat course do you think the coun-
sci e. the defence Will take? Will the case be con
tested as before?
General TRACY femphatlcally)-Of course, you
may take that for granted. Undoubtedly, the de-
fence Will adopt the same tactics as at the begin
| ming OF the other Trial, WHAT arrangements VIII
be made with reference to the employment OF
| Z h1a
| Europe as you know and l cannot tell whether
| Messrs Evarts and Porter are to be engaged In
| the contest again.
| REPoRTER-What. in your opinion, Will be the
| duration OF the new trial ?
| General TRACY-That is a dfDcult question to
| answer. You can rest assured that it Will not be
| very briel. Experience teaches us that.
General Tracy said he had no personal opinions
| to express upon the subject. Beyond surprise, he
aid not manifest any emotion upon learning OF
the proceedings that have been Instituted.
THE JUNIOR CoUNsEL's vIEws.s
The reporter met Counsellor Ready, with whom
| he had brief conversation touching the purport
object and meaning Of the service OF the notice OF
| intention 10 apply for trial before the Sep
| tember term OF the City Court. That gentleman,
who was JUNO. counsel in the late trial. 1t will be
| remembered, said
81 do not Tor a moment pretend to deny the
| right OF the counsel Tor Mr.. Tilton TO move for a
| new trial. The case was not decided, there being
verdict butt seems 10 me TO be verltable piece
Of Jolly. regard ~ rs nothing more or less than
buncombe. Mr.. Beecher left townto-day as you are
aware, for the White Mountains, accompanied by
| most OF trends, and 1t no doubt occurred to Mr..
| Morris that such movement would be a good
present at paring-a sort or a Christmas box
something cool for the summer. 1t is, In my judy
menl, done Tor eject. The notice itself Is issued
eJrlter than is usual. don't believe 1t Will dis
! turb the equanimity oil Brother Shearman when
he receives the news In his Alpine on the otner
| side, in the slightest degree.n
! "ln event OF a new trial being granted do you
think that 1t woald be terminated earlier than TIT
! lastW
II am OF the opinion that 1t would be concluded
| in much shorter space or time, for the reason
Of