New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-06
THE ISSUE JOINED AT LAST.

THE ISSUE JOINED AT LAST.
MR. BEEcHER AND THEODORE TnroN FACE TO FACE
ONCE MORE JUDGE NELSON TO TRY THE
cAUsE-INCIDENTs IN THE COURTROOM.
After four years of arrangement and enmity-four
wears of efforts to avoid enconntering each other m
final Henry Ward Beecher and Theodore
Tlton yesterday met face to face at last and ther
counsel Joined issue finally in struggle which the
world looking on believes can result Only ID the
Acknowledgement death of one or both OF the prn
cipals. And yesterday saw the beginning OF wpa'
cannot fail TO prove of the most celebrated, sen
sational and exciting ever tried in any conn
try Based on a scandal which ought to have dis-
gusted mere hamlet. the prominence OF the parties
to 1t have given it universal notoriety, and world
watches the result.
Owing to the announcements in all the papers
that the case was to come before Judge MeCue and
to the fact fully and clearly set forth exclusively in
THE TRIBUNE that the struggle had for the time be-
ing taken the form of sharp preliminary contest az
to the Judge who should preside, Part J. OF the
CITY Court of Brooklyn, where Judge McCue sat,
was early filled with audience representing a.
most every honorable calling, and many OF these
representatives were leading spirits in their various
professions. Henry c. Murphy was early
| in the courtroom. and for many minutes pre-
vious to the opening of the court was IN
earnest and low voiced conversation with the pre-
siding Judge and his two associates, Judges Nelson
and Reynolds, whom interest in the issue to DO
| called and disposed of had attracted to
the room. Judge Nelson. as he took his seat,
wore calm smile of satisfaction, which indicated
that the decision to send the to him for trial
| had already been made known to him. Naturally
he must have been much gratifed at this announce
ment. 1t is bis natural and laudabie am
| bition to try this great cause - inc
honor of presiding, the opportunity OF
making world wide reputation in such trial are
we'll worth ccntending for even by the most dstin-
| guished of jurists; and the Judge 10 whom II has
| fallen has reason to congratulate himself. Judge
Nelson has not hesitated to avow his desire TO try
it; and his qualification at the decision
was unconcealed But he has the modesty
| to say that he has sought for tins
opportunity because he felt that the task devolving
on him was robbed of some of its difficulties by the
| fact that such distinguished counsel conduct IL.
cable counsel like those in this case" said the
Judge in effect when the cause was first assigned HIM
by common consent able counsel greatly aid Judge
Their citations do not have to be closely examined,
they do not insist upon too much latitude and they
are not qubblers to be constantly suspected and
watched" The Judges labors thus lghtened, he
is helped to q clearer comprehension of the and
thus in a OF great magnitude De may win great
honOrs at little risk.
Besides these distinguished figures sitting at the
bench. numerous others of prominence gathered
within the bar Once the presiding Judge, grown
inpatient at the delay of counsel, for it was past il
before any of them in called Gen Isaac s. Cat
lin, partner of Gen. Tracy. from the crowd.
and held hurried whispering with him. which re-
suited in the dispatching of a messenger for the
counsel Others by were Gen. Henry W. Slo-
cum, Corporation Counsel Dewitt. ex-Judges Carl
son and Daley, Col. A. G. Davis young Henry Z.
Murphy, Augustus Storrs, Alderman Fisher, Col.
Keeney Commissioner Whiting of the Board OF City
Works. ex-Judge d. P. Barnard, ex-Judge Troy.
Judge Moore, Prof. Robert r. Raymond, Gen. T. y.
Dakin, the Hon. T. n. Melvin, and Alderman Ripley
Ropes
Shortly after the departure of Gen. Catlin's mes
senRer Thomas g. Shearman. az If In obedience 10
the CALL and accompanied by two clerks who bore
packages of documents and large tau Lex, stepped
briskly into the room, and approaching the Judge,
explained IN q whisper the cause OF delay,
and asked further grace for moment or two for hls
associates. Before Mr. Sherman could descend
from the bench to his place slight noise at the
door caused all eyes to turn in that direction,
and the first genuine sensation of the
day was felt when Henry Ward Beecher.
accompanied by his two sons, was seen to enter
Instantly the room was filled with whispered COM
ments on his personal appearance and expression.
There was nothing strange in either-the same
familiar black habit, the same familiar full and
ROSY countenance-yet every one seemed anxious 10
think him little paler or a little thinner, and
70 attribute both to mental anxiety. But there was
nothing in feature, or expression, or manner that
was extraordinary under the circumstances, HIS
sad look was nothing lmore than natural IN
view of the shadow under which he rests.
His reserve although he bowed pleasantly to threeor
four acquaintance, was the natural hesitation OF
man under such surroundings. And it was the most
natural thing he could do to take from his cloak
pocket worn and soed paper-possbly the same
he perused the day beforehand mechanically hold
it before his eyes without probably cOmprehendiDg
an idea it contained.
HIS more distinguished counsel shortly followed
Mr.. Beecher Mr.. Tracy came first, busting by and
clearing the way for his more dignihed senior, VIII
liam NJ Eyarts who stalked in with cOurtly stride
looking tall las it is well known he IS
not) in his long gray overcoat enveoping ms
spare figure. Behind him came John X. Porter, with
eyes bent on tue floor, il he were tmidiy picking
his way with fears of falling bashfu!y seekinga
retired place TO crouch in, as though Diushing at
beipg observed John +. Hill came next, join
ing Mr. Beecher at once; and last came
the tor figure of one Of Mr.. Beechers least
known vet most distinguished advisers. Probably
NOT dozen persons in the room knew that this still
vontbful man with bushy side whskers Of brown
bue wearing eyeglasses, and hiding himself In q
hinge CAPE bore such relation to the defendant
furnished ideas and briefs and citations of authori-
ties to the counsel most prominent in the
argument. Mr. Austin Abbott is little
seen in courts the Office is his field, and
IL &c ,r,ofa for others his chief business