The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1875-10-23
NEW YORK.
A Nolle Prosequi Entered i'm the Indict-
mems Against Moulton and TiltOu,

A NolIe Prosequi Entered i'm the Indict-
ments Against Moulton and Tilton.
NEW York, Oct. 22-This morning during
the progress of the trial of civil suit before
Judge Nelson in the City Court, the District
Attorney entered and requested that proceed
ings might be suspended few moments while
he made motion. He said: If the court
please it has been my principle when perform
ing the duties of District Attorney of the
county, whenever there has been an Indictment
pending the trial of which would result in no
public benefit to move for nolle prOSequi In
the case Whether the accused desires that he
be so tried can have no legitimate Influence
upon district attorney representing no lndi-
vidual interests, but those of the people. The
accused and accuser may well be considered in
enabling the district attorney to arrive at
Just conclusion as to his duties in the premises.
Prompted exclusively by those sentiments |
move that Taotte prQsequs be entered in the
case of People vs.. Moultou which is an indict-
ment for an alleged libel against Rev. Mr..
Beecher. 1t is just to the accused that I should
say to the court that he demanded from me
trial of this case and has founded such demand
upon the alleged injustice done him by the
people, should they after indicting him decline
to proceed to a trial whereby he might be
enabled to vindicate himself from the charges
After some further remarks in which he
| thought it was sufficient reparation for man
when uDjustly indicted to have a noNe proseqoi
entered by the officers of the people1he said 1t
is my Judgment after careful consideration of
tue case and present it to this court for such
action and should this court entertain differ
ent view l am prepared to accept and act upon
the superior judgement of the court. ask for
an order OF the court directing iaolle proSequi
in this case.
Judge Nelson said the motion was granted
and Il think it proper to say that the question
involved in such cases Sests largely in the
judgment or the discretion of the prosecutor
representing the people; that in this particular
case the views expressed and the course pro-
posed to be pursued by the district attorney are
proper and commend themselves to our judg.
ment as fair and just exercise of discretion
necessarily vested in him. The clerk will make
the proper entry"
Mr.. Brtton said: make like motion in
the other indictment in case of the People vs.
Moulton which is charge for libel against a
lady of this city and for like reasons.
/. Judge said: That is also granted.
Mr.. Brtton said: make like motion in
the case of the People vs. Theodore Tilton.
Judge granted the motion.
Failures for the Past Nine Months.
NEW YORK, Oct 22.-Dunn, Barlow & Co 8
quarterly report shows that the failures in the
United States during the past nine months were
1894, with liabilities of $131, 172, 503 Of these
there were al in Connecticut with liabilities
of 81, 1868 500; 80 in Maine with liabilities of
1874, 900; 81 in New Hampshire with liabilities
of $3.50, 900; 564 in Massachusetts, with liabil-
tiles of $15, 628 32l; SO in Rhode Island with
liabilities of 1895, 594; 40 in Vermont, with
liabilities of 1900; 546 in New York city
with liabilities of $31, 1896. $50.
Duncan, Sherman q Co.
Sigismond Badeau deposited 1888. Sc with
Duncan, Sherman & Co. on the 18th of last
July. The deposit was not repaid and to-day
Mr.. Badeau's counsel obtained in the Superior
Court an attachment against defendants prop
erty in the receivers hands, Plaintiff counsel
claimed that the assignment was made with
fraudulent intent and is void.