The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-06
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or McCue 1t was said that he had not only granted
me 6il OF particulars but had some years ago been
holder OF real estate in the CITY OF Brooklyn. He
OF Reynolds it was said by the Beecher interest
that he had some years ago, been the legal coun-
seller and adviser Of Mr.. Tiiton, and might be
rhe method OF calling this case was exceedingly
singular. Judge McCne was on the bench. Be
area formed by dense mass Of spectators, includ:
Brooklyn and some OF the ablest lawyers in the
State. Beside Mr.: Beeoher and his sons were
ABBOTT Beside Tilton-Moulton in the back.
ggrSnndmwers lawyers Morris Beach, s a,o Pearsa
all these lawyers aghting on the substance OF
two poor clients.
close together for the first time since the legal
proceedings began. They had put to rise and
where the other sat and never raised eyes to look
Mr.. Beecher, VINO was to dispose OF MS church
s usa se or
surtout, OF dun color, and had mis- br0wnlsh soft
looked just little less at ease than the day be-
lore.
tie WIDE collar, small studs In his shirt and his
long hair was unusually well brushed behind the
ears. where 1t spread out like lunches OF lacs.
He had good color and clear eyes and made no
movements, except a few times to close his lips
as If weary OF delay in the prelimlnaries OF the
case.
This room, like court room No. 2, was densey
crowded. Persons OF local emlnence, ike General
close to the principals All The judges were upon
the bench bright judicial set OF men; , LOOKING
Judge Mccue, whose sD good sense and. probably,
sound law relieved him by personal decision OF
VOWED him. The Judge is q stout man, OF graylsh
hair and mustache and black eyes. He Is neat and
strictly attentive to the proceedings. His assocl.
ate, Reynolds IL thin; gray,n haired, professional
person, and the Chlef Justice, NeilsOn, ID SUD
stantlal and serious man past middle age wearing
wig. Among these judges there is perfect
tiality Of rival counsel for either Of them should
have subjected the whole Bench to the indelicacy
worth 'g repornS Reduced 70 its essence the DE-
bate was no more than ths-
Counsel for Beecher-Judge McCpe, You have no
but must o6ge US by trying It, as Brother Shear; ar;
man, who Is great student OF Old dry law, Will
Counsel Tor TiltOn-Judge McCue, you must not
change your order to let Chief Justice Nelson try
this case, as we win argue to your face.
To demonstrate how utterly sOphistical and
wastelul the debate was We may ada what Judge
Judge McCue rendered his decision.
1--WE don't care which Judge tries it,' he said
other side nave got to pettifogging ana we nave
OF TiltOn VS.. BeecherP
Mr.. Tracy-We are READY, sir.
Judge McCue-The Court is ready. announce
to the counsel that the case Will be called In the
/ OCner room before JuOge Nelson. me Clerk VIII
pass into that room taking with him the jury box,
from which the jurors will be called will remain
In charge OF the general calendar.
At this decision there was q war, O rush and
scranbllng over seats IN very unseemly manner,
so that counsel and clients were no more than
members OF any street mob. The people started
for the other court room. 1t is said. and has been
so printed, that at this moment Mr.. Tracy, Of Mr..
Beecner's counsel, asked William NJ. Evarts, his
McCue, and Mr. Evarts replied. mo, win not.
However, there must have been recOnsuita-
ttOn for alter the TtOn party had cleared out Mr..
Beecher's counsel all re-entered alone and MIR.
been declared ION" yesterday by Judge McCue it
could not be transferred The following paragraph
embraces all OF Mr.. Evarts' speech that is vital
"Tnere have been two motions made In this case,
one that the panels should be consolidated and
the other that the jury should oe empanelled, and
| agree TO the understanding that no progress
eleven O'CLOCK This cause stands in your Court
as 1t stood there. Tnis Is not matter connected
with or referring to the s selection Of Judges We
Court, held by your Honor, and that the practice
Dy which the cause should be sent before any
other Judge is practice resting on consent or
the absence OF objection and that Your Honor will
search IN vain in the statutes organizing your
Court Tor the power OF holding double circuits that
is given BY express statutes even in regard to the
supreme Court, the Court OF common Pleas and
the Superior Court OF the city OF New York."
Mr. Evarts spoke without much spirit. 1t was
to his last point only that Judge McCues decision,
said 81 have come to the conclusion ana shall
so rule that we have the right to hold two terms.
currence Ill my views"
Alter Mr., Evarts finished the redoubtable Shear
the day with leather bag, and two clerks laden
down with antique sheepskin and other forms OF
He arose, his spectacles in perpetual state OF
adjustment and bent his eyes close together, as
for an obstinate endeavOr. He said that he didn't
see the opposite counsel; that they had gone out
without our consent and ought 20 be sent for.
The Judge had already sent for them, and they
filed In, the tall TiltOn looking arOdnd In o won
dering way, Beach frownlng an inquiry, Morris
amiably interrogative, Pryor back-eyed and pry-
Fullerton with his best Cross examining face put
The Judge sald-Mr Evarts has addressed few
remarks TO the Court in reference TO the right of
the Court to send this case before another Judge,
now on, and that there could but be one term held
Mr.. shearman-I will state the grounds Of my
Mr. Beach, have heard them sufficiently.
Here Mr. Beach looked a. Mr.. snearman. Mr..
centratlon. Mr.. Beach. turning to Mr.. Evarts,
more courteously. said:-"rrobabiy Mr. Evarts
has made his suggestions in consequence OF
knowing The arrangements entered into between
the counsel lor the defendant and the plaintrs
ton Of my friend that ne was engaged In a case
In New York, Your Honor should preside until
twelve O'Clock, when Judge Nelson should pre-
side in the empanelling OF the jury"
Mr. Evarts made no response, and, after stating
man SAss sE wsnoat Intending any oence to
any gentleman l pronounce this proceeding en-
urely repugnant to the arrangement between
counsel.n
Mr.. shearman made a speech in reply. and
quoted a string OF authorities BY the time he
finished Mr.. Beechtr was gone and also MIR. Moul-
ton, leaving only the formers counsel and TltOn.
"Are we never to have done with this business
OF disowning acts OF counsel for the PLAINTIFF ?
Can we never have concert Of action Are we
never to be able rely upon the assurances OF the
counsel Y'
He called on MIR. Tracy, his associate, to con-
nrm his memory as to the agreement OF the PIE.
vous day, and Mr.. Tracy did so at considerable
length, concluding thus:-"l have assumed tnat,
according to the regular and uniform practice OF
this Court, the calendar is In Part l, under the
control of che Judge who IL presiding and that the
jury box Is also IN his control; and | Assumed
when this case was called 1t would be called be-
fore Your Honor, as all other cases are before the
Judge who presldes In this Part. supposed that
the paneng or the jury should proceed here, and
that after that work was accomplished II 1t should
be SUGGESTED for the CONVENIENCE Of this Court.