The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-28
THAT TRIAL.
How 1t Trails It's Weary
Length.
Jurors Called for the Two Hundred
and First Time.
A BRIEF SESSION.
Fullerton Won't Examine General Tracy
and Beach Absent.


Wednesday today. The suggestion was made, IL
will be remembered upon the announcement Of
Mr.. Beach that ne could not attend, as he had a
reference case to argue IN New York, and iS had
been prearrangeu that the cross-examination OF
Counsellor Benjamin f. Tracy. who was then on
The witness stand should be conducted Dy him
(Mr. Beach,. Mr.. Fullerton, 1t had been decided,
should not, for personal reasons, sufficiently ex-
plict to the legal fraternity and others, o1icate
"a the capacity OF inquistor while Mr. Tracy was
She occupant OF the chair. AS it was, the hdbttues
Of the trial did not all know this facs, and those
who did chung with tenacity worthy a better
sause to the hope that there would be no inter-
ruption TO the continuity or the contest
growing out OF any oversensltiveness of
the ''learned brothers, who honor
the Court and each other on their
respective sides of the house. Hence it was that
between the hours OF ten and eleven O'Clock the
usual retinue Of the defendant put in an appear
Ance in the vestibule OF the Court House, wended
Eher way up the iron stairway down along the
corridor, and, passing the "Gog" and "Magog"
who stand so grimly guarding the entrance TO the
han of justice. found their chairs and camp stools
In readiness. BY halfpast ten O'Clock, indeed, all
the eligible sittings in the apartment were occu-
pied by men and women. or the latter there was
numerous representation, who chartered, read
she papers or looked curiousy about them. The
sun shone brightly and cheerinRly through the
windows, gladdening the hearts Of all,
and the Court officers busted themselves
In regulating the shades so as to
conform the penetrating glances OF "old
"Sol," which boldly lntruded, TO the comfort and
convenience or Judge, jury, Bar and press.
Such was the orderly ana well regulated
position Of affairs preliminary 10 the opening or
the proceedings OF the ninety-seventn day OF the
No ndala 4 a rdnu
was the second day Of the seventeenth week OF
she trial, which actually commenced on Monday,
January H. although the calling OF the jurors
originally impanelled was begun in The third
week OF December. II is a remarkable fact, but sell
dom, II ever referred to- that death set Its stamp
early upon the inauguration OF the proceedings In
this court. When the late Chief Clerk (Mr. Stephen
]. Callahan) had called eighteen OF the names OF
Jurors In the panel he was taken suddenly ILL., and
died within three days thereafter. Since that
period several deaths have taken place
among those who were In the habit
or attending the trial, including the
original panel OF 1000 Jurors. Assistant Clerk
Francis A. Madison, the eficient aad courteous
right hand man OF the presiding Judge IN the great
cause on trial. has called the OF 500 jurors.
These figures embrace the calling Of the roll OF
the twelve chosen occupants Of the jury box up
TO yesterday, which occurred pol times. The num-
Der OF witnesses examined up 70 the present is
eighty. or this number sworn and examined the
chiefs we're tine plaintiff. the defendant and the
''mutual friend" or either or both. There remain
yet to be examined Tor the defence and reouttal
about twenty. None or these latter are expected
10 take up much time. II Is expected that hiss
Florence Triton and Mr.. Henry Z. Bowen will,
despite all that is said to the contrary, take their
place on the pages OF history which will record
The testimony OF all witnesses IN this trial.
Mr.. Beecher. In referring to clerk Mallson's oc-
cupatIon in swearing In witnesses. addressed
himself TO that gentleman the other day, and
humorousy remarked, Madison, you are an
awful swearer;n 70 which the latter wltty re-
torted, eyes, sir, l make other men swear, tits
very true; but ddnit succeed IN making you
swear, Mr.. Beecner.n The Plymouth pastor
smiled at the wittclsm ana Madison stepped one
pace TO the rear 70 indulge his wonted atrus In
wardness.u
Yesterday morning, eight minutes before eleven,
Mr.. and Mrs. Beecher. accompanied by two or
their sons ana Mr.. Moses 5 Beach, whose face Is
ever wreathed In smiles, entered the court and
occupied their usual chairs. Tue defendant looked
rather pale ana some what anxious. az he had
doubtless been apprlsed by MS counsel that there
was an adjournment In prospect and he has re.
peatedly asserted that he does not relish these
terrupuons, as ne IL weary or the case aud eager
Tor It's termination. He glanced about him with
serious expression ana fretted under the delay
which ensued.
Judge Nelson came into Court prompt as ever,
and took his seat on the bench a few minutes be-
fore the appointed time. Ex-Judge Porter fol-
lowed soon after, and solitary and alone, unat-
tended by even junior attorney, came Theodore
hilton, grim and sallow, looking anything else
than q man OF war. he read from a morning
Journal and looked up from time 10 time at the
clock, wondering, perhaps, whether he mas been
entirely deserted in his struggle. General b. +.
Tracy, the counsel and witness, took his seat
npon entering among mis- contemporaries and the
hands on the dial Of time sped round TIL they
marked fifteen minutes past eleven, an unusual
delay. The jurors were called and answered 10
their names. Then Mr.. Evarts came into Court,
followed by Messrs. Hin, shearman, Fullerton and
Morris. Mr.. Fullerton sat down smiling and
nodded to the reporters, as is his won't, but failed
20 bestow look Of recognition upon his client,
who sat near him. After brief conference with
Mr.. Fullerton Mr.. Evsrts addressed the Court and
said:-
II Your Honor please. the arrangements OF our
learned adversaries In regard TO conducting the
examination OF Mr.. Tracy a. witness VIII not
admit OF their going on for to-day. Mr.. Pryor Is
detained from court either by the sickness or
himself or OF his wife. ano Mr.. Beach cannot be
present to-day, as Mr.. Herman Ia Ia New YORK en-
gagged In case with him. Mr.. Beach VIII ne here
tomorrow. The other witnesses We might nave
brought forward are absent TO-DAY. We have q
small witness here, however. who viii occupy bnt
snort time
Judge Nelson said he should thlnE II better TO
adjourn, but OF course that matter would be lett
10 the counsel.
MT Morris said IN Your Honor please at the
commencement OF the trial we assigned a different
branch OF the labor TO each counsel; Mr.. Fullerton
was 70 take the part OF the examination Of wit
nesses, and we foresaw that the contingency
might arise that Mr.. Tracy might be made a sit.
nessi u was then arrahg ed tnat Mr. Beacl should
examine Mr.. Tracy, 1t not being the desire, for
personal reasons, OF Mr.. Fullerton 10 do so.
Judge Nelson remarked tnat he could appre-
elate The propriety OF that arrangement.
TUE COMMUNAL PROCESSION
mr.. Hill then called the witness, j. Francis st.
heorge, reporter formerly connected with the
New YORK Standard. M. 81. George. on being
sworn, was examined by Mr. Hill. aud In answer
70 the questions put 10 him, testaed:-l nave re.
SIDED IN Brooklyn about thrty.three years;
am Journalist by profession; nave been
connected with neWqpaper4 about seventeen