New-York tribune., 1875-09-15

be entered. But Mr.. Moulton refuses to accept
withdrawal of the indictment, and In long iet1sr'
published below, demands TO he tired at an carry
day. II still remains with Mr. BrittOn and Judge
Moore to dispose of the matter as the former may
move and the later decide after argument
THE CORRESPONDENCE.
MR.. rRIrToNs REASONS FOR WITHDRAWING THD
SUIT.
OFFICE OF THE DISTRICT ATTORNEY, KINGS COUNTY,
Room No. 3, COUNTY CouKr-HoUsE,f
BRooKLYs, Aug. 81, 1870
The Rer HENRY WARD BEECHER-DEAR SIR
There is in this Office Indictment, found upon your
complaint and testimony, against Mr.. Francis d. Aoni-
ton for libel based upon publications by him regarding
yourself 1t not at disposed o awaiting the ~
suit Of civil action in the same court brought py Mp
Theodore Tlton against yourself involving substantially
the question. The trial OF that case continued SIX
months, terminating in July last by disagreemens
custom pending the summer heat, the court a..
journed lis jury term, civil aud criminal nntn
IeI on me to make SOME disposition of this indictment
As public officer representing to the best Of my ability
narty 10 the personal with these
matters on behalf OF the people only am called upon
have therefore given the subject serious and con-
sciento rehyeon, ana is n the mSs ,n.srssts
would be bes. served by moving ior no"e P'"sequ'
Substantially the herein involved was tried in the
civ acion aud after protracted and moste eAbausuve
Observation-Disclosures tnat OF the civil case-tle well estab-
lshed principle that he accused entitled & 10 se
AN agreement FOR conviction will be thereby lessened
and il il but reasonable that IN tho absence o
additional evience-of the Of which am mot
DOrmed-a jury will he more favorable 70 tne case ot
defenda def pSIt in III the civil action and viii be likely Is
| convict, probably to agree. ,,,.. 81.
the Court exclusion OF other business pressing for
disposition and will also be Of great expense 70 70 'eS =
obtain % in this county jury qualified by law g 81,
eject upon puoIic morals Of another trial OF Issues In
volved in this matter perhaps this may not W proper
| subject to influence my action. ,
NSt intending TO express or intimate any personal
opinion upon tho merits OF TING controvcrsy am oon
strained by these facts invite the views Of yourself and
Mr. upon this subject, and 70 snbnis TO yong
judgment whether 1t viii not be better una, tne s %
this indictment should not take place Any sngscsuon
which you may think proper to make wilI receive eare
'0"'i"''A'''-' WISSHEsiER BRirToS, Dist. Atty
MR.. BEECHER CONSENTS.
OFFICE OF THE DrsrRIcr-ATroRsEY, KINGS CouNTY,(
ROO" No. i Sno"knHs' cS%sIT GSgsriGI sSpt H. IsSo
Cisv Court Of Brookl-Ihe People &C., aS@ franc" u
FRANCIS D. MouLroN, e,q-Dear Sir: herewith fn'
close copy OF letter forwarded to the Rev Henry
Ward Beechcr may properly say that Mr.. Beecberm -
reply concurs the disposition Of this case 40 suygesso
by me-
submit to you whether, for the reasons stated, yos
should not also dcquesce in the action proposed, bsc
fore determining the natter, await the expression oa
yOur views. Very respectfully, ...
WINCHESTER bRiTToN DistrictAttorney'
Mr.. MOULTON DEMANDS A TRIAL.
BRooKLYs, Sept. 13, 1s75.-DeG Sir: Your favor OF
the l1th inclosng copy Of your letter to tie Rev.
Henry Ward Beccher, duly received ana In reply
beg to declare at that cannot acquesce IN sns
action posed" With this polite but peremptory pro
test against the withdrawal OF the Indictment would bo
content to terminate correspondence; but your noO
nyites an EXPRESSION of my vews and more particularly
challenges my gment 20 the suciency OF she rea
sons stated" justify your contemplated action, anu
omission to respond to yonr ;uEsssIn nroeee$ oe
wlth put III all courtesy, TO comply Win your
quest.
In discussing the consideration that determine you N
subject In different aspects and relations AS swois
only at the pubc interests aud ~ controlled excli
sively by Of Cffcia duty; whereas, l. prNat
If pursue the course best calculated TO vindicate ny
Innocence. II will not be tnere,oie, noi
will il imply any dispaIagement OF your undersanunH
Il your reasons" fail 70 impress me as declsvey as they
T. Yoa arc correct no doubt your calculation Of the
chances Of verdict for the prosecution Out not tns
and your solcitude the conviction OF the guilty
lawyer ard theref you will excuse nay error
have supposed the spirit OF our 20 pe ucD
that IL exhbi.s alacr,y IN Signalling the Innocence
than the crimnay Of tue citizen, and that the moss
Instrumental IN making reparaon TO the unJustly ae
eused IN my ate lgoranee % Dnu @ ias 1au M % a. shs %
people and with this Impression have rested safe Ia tne
law be employed for my destruction but would when
he found the victim OF false and malicious prosecu-
ton hasten give The Nndication VI public re-
Acknowledgement OF my innocence. or else Of formal ae-
quittal by Jury OF my counrymen. Less than this 10
the full measure OF rights less than this dsoaln
to accept
H. That the trial OF the indictment against me will in
yove heavy public expense and oDstract other exsent
business OF the courts is objection that should have
been lsdered 1T earlier Stage OF the proceeding ana
have ayaed 10 prevent your predecessor permitting the
powers of the District Attorneys Office To DC ptOsu.d
TO the purposes the Rev. Cnry Ward Beecher In his
controversy with Mr.. Tlton. l have been accused OF
crime in the OF the people have been compelled
10 plead culprt have been held 10 bail for now
nearly year. aud surely Is too late for the repre-
sentative OF the people in the prosecution 10 decline TO
yield 10 ny demand for trial On tho ground that tbe
the people What other expenditure can be more 10
gltlnate and lau,laDle than that incurred IN
vindcatng the innocence OF q mal against whom the
people have been betrayed TO institute an uniound.d
prosecution What sUpreuer interest can engage the Az
tenIlon and the of courts Than the duty OF aD
solving from unjust accusation citizen against whom
heard "A whisper OF suspicion
proach To NE IL scarcely consistent with the
nagnanmity OF great people TO plead poverty and tue
trt,l to one whom they have falsely aragned and ep
pfesayey pursued .,,
nI The !npOssibity Of impaneng jury In this com
munty IL difficulty, l an advised. that may easy DO
evaded by changing the venue 10 another county
Nv. Although you do not formally eDumcrate among
that may determine your action eonsders.
on of public morals OF another tri<l of
the issues involved In this matter yet your 70
the topic plainly reveals is nfueuce ON your Judgment