The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-05
Both Sides Apparently Eager
to Begin.
SELECTING JURYMEN.
Henry Ward Beecher in
Court.
Testimony OF a Produce Elk
change Merchant.
GRAPHIC DESCRIPTION OF SCENES And INCIDENTS.

This celebrated cause, after long delays, not to
say prevarications ana man9uvrlngs for position,
came forward yesterday 10 something like action.
The large court room the east side or the great
corridor OF the Brooklyn Court House was nlled
with queer medley OF professional and non-pro-
Iessional people, generally respectfully dressed,
but in the main OF bewildered countenance. as II
strange to the forms OF justice while contributing
10 It's aggravatlon ana disorder.
BERCHBR THERE
In the midst widely known by his portrait to
every even the obscurest, invader OF the chamber.
Henry Ward Beecher sat reading, the old look OF
the blooGed horse in his nostrils and little age
enshrined in mis- worldly wise and notable face,
mellowing it 10 mixture OF sandy gray
and blush red. Warmth and time, thought and
PAIN ardor and intuition, spoke out OF Its autumn
colors beyond the expressiveness OF any lace in
the room judge or attorney. The non-professional
character OF this eminent divine was In more
than usual contrast among the legal brother
hood. he showed the looser ut OF the clerical as
compared with the legal texture, less gmlety
features, more breadth OF iltrospection and
less OF mere incsion OF the wits; sort
OF halo Of temperament was around him a.
most visiby, and his adaptible life and histrlonc
art showed well In this secular court as in some
more spiritual temple, although he did no more
than SIT and look on.
The occasion was not favorable to a close study
OlMr. Beecher's face, as he was surrounded by
standing laggards looking on agape and for GER
tain periods would not be visible at all, swallowed
up In the crowd. Yet, that the face OF one excep-
nonal was there was felt every instant that chance
revealed IL. The length OF the profile, the
swing of the eyes in their sockets, and OF
the long haired head on the shoulders, and the
leonine shyness, like something IN cage on show,
but with great bounding out-of-door nature, not
yet inert, gave Mr.. Beecner sort OF lonely rrel-
evancy to the spot.
sometimes he looked to be bored as II all this
time was beng subtracted from creative work and
inner study. Again, he took sharp worldly In
terest in some subject matter. and his whole tenn
permanent seemed beam out then, like the
name Of revolving light At other times he
turned to his newspaper or review, and read along
like reviewer and co-author with lengrhening
face. at last serious and tired.
Those who know the motion and thron0 OF q
great city court Of very high jurisdiction, rapid
disposition OF cases. the press Of the attorneys in
crowd to the Clerks table, and the snap and
despatch OF what seems to the novice profound
matter for reflection, will apprehend the coniu.
sion in which the great orator was passive being
until his case came up-'Titon against Beecner."
Ready" exclaimed Mr.. Sherman, dramatic as
the occasion required.
Then the crowd cleared away Involuntary, and
Mr.. Beecher was seen looking at Tracy with all
the dependence and impact he could have made q
client feel If he were upon the theatre at the be-
ginning Of the climax scene where the in nocent
chief actor Is IN the dock.
COURT ROOM TALK.
This trial, long postponed, has lost none OF
the peculiar interest which the peculiar cnarac-
ter OF the Brooklyn and Plymouth societies give
TO all their performances around this their leading
trlc, and running the whole gamut Of the senti-
mental and the emotional up to somewhere be.
tween the stocal and epcurlan, this aside society
has now In the Beecher scandal the new features
OF political and legal f,aesse. First 1t was "Who
In guiltyr" Next, which is the champion In q
personal disputef" Now, in addition to the FORE
going questions, the issue IS tnis-'Whicn has the
best counsel and prevailing influence with the
BenchT Yesterday, this last form Of the trial
was paramount In the minds Of spectators In
the lnterludes the questions were asked on all
sides:-"which Judge will try the case9 Does
this mean a trian Is the trial to be evidence on
the facts or deoate on authority and jurls.
dictionw
There seemed to be a paramount feeling that
only bind fatality could get trial out of the
duel even yet. Nobody could see how trial was
TO be avoided; but 1t had been, and was even now
a measuring OF length OF blades between coun-
sci, There stood the principals but would the
seconds permit the encounter? Both the princt-
pals we're not present, however. Mr. Tilton did
not appear at all, nor did his leading counsel.
This was generally ascribed TO hnesse.
"You see,r exclaimed consciously ssgaclous
lawyer, 'ff Morris and Titon had appeared
before Judge McCue, and Tracy and Snearman had
answered ready they might have been ordered
to proceed at once with the case; and they are
AFRAID OF McCue since he ordered bill OF part1cu-
lars They stay away aud force the trial over to
Tuesday, when II Will go before Nelson"
Wherever looked there was game OF adj
vantage, and so closely has this cause cetebre
pierced all professions and cruss OF society that
moral character, and turn upon tactics OF counsel
more Than on injuries and damages.
Mr.. Beecher was accompanied by his son, Cap
tam Beecher, part of the time, the same young
man, 1t Ia said, whom Mr. filton assisted to be ex-
war These two Beechers and their two counsel
Tors and the approach OF District Attorney Brtton
70 ADDRESS Mr. Beecher socially, with Judge McCuc
on the bench, gave TO that side the look OF sta
blhty lor the day, particularly as nobody was
present Tor Mr.. T1lton except Pearsa Of the
junior coansel, and the young lad Roderick, or
Rondrics, rom Mr. Morris once. The general
public were
nYsTIFIRD,
and conversation passed through the Hobbies at
shs ertTaordnary and prolonged trnng Of Justice
In the local prlnts OF Brooklyn Judge Nelson
mad been censured Tor assisting to override Judge
McCue's attitude on the oil OF particulars and
biassed public and partisan opinion mad climbed
upon me Bench Itself ana the administration OF
the law to charge preference for very slight, II
any causes, In TACT.
"Pn tell you," exclaimed one OF the attendant
IN tne court, a cnirpy, good natured fellow, "you
see. Judge mcCue IS Catholic. He says 10 Judge
heynoids iou are Methodist or EpiscOpaan.
There's Nelson PRESBYTERIAN. The Congrega-
flonailsts are next door to the PresbyteraDs, and
we had better let Nelson take the case, ne Is
tbeol0gically interested.iD
This was probably 'guying,n but 1t shows that
little religion Is In the afar, and discussion Is
anticipated on Inc right to challenge for religion
Another cause celtbTe, minor 10 the standing Of
the parties and the circumstances has SO closely
attended the beecber-1ilton trial as make cross
lines even Ia politics and on the latter case.
in snort, whatever could have embarrassed this
case rom literature TO politics, religion law and
aninIty, has thrown some part Of a snadow upon
the court room. And vet IL Ia OF general admis-
sion that the three gentlemen inc bench are
probably uDequalled In the state for collective In