New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-05
Mr.. BEECHER IN COURT.


IN COURT AS DEFENDANT.
When the call of the calendar in the City Court
of Brooklyn began yesterday morning, largo
crowd of lockers on and extra jurors summoned for
the term were apparently mystifed by the appear
ance of the famous defendant in the great case OF
Tilton against Beecher, and the absence OF tho
plaintiff and his counsel. Mr. Titon has appeared 30
promptly and prominently on every other occa-
sion when the preminaries to DIS
action were being settled while Mr. Beecher has so
carefully avoided anything like publicity in the
courts that the absence of the and the presence
Of the other this greater occasion caused COM
ments which betrayed suspicion that something
was wrong. and that the plaintiff was not as eager
for the actual contest as he had pretended. Few Of
those present knew or understood that o'clock was
the hour at which it had been announced that the
case was to be called and that the plaintiff aud his
counsel were laborng under this msapprehension,
and had SO absented themselves Fewer still under
stood how the misapprehension arose, or compre-
hended the tactics of the defendant III insisting so
strenuously that the case was now on" or OF tho
plaintiffs lawyers in absenting themselves IL is
probably mystery still to most of them who do not
know that there was something of a contest as to
what Judge the suit should be brought before.
Judge McCue, by right Of assignment, holds the
term, but there was an implied understanding that
the case was to be sent to Judge Nelson. In tho
preliminary contests in which Judge McCue
granted the bill of particulars and Judge Nelson
denied it, the opinions of the two Judges as to the
nature of evidence to be admitted this particular
case became known aud their probable rulings
foreshadowed. Naturally enough, Mr.. Beechers
counsel are anxious to bring the case before Judge
McCue, and the plaintiff probably prefers Judge
Nelson. Judge McCue may to-day send it to Judge
Nelson, but the latter holds that it would DO no
discourtesy should be not do since he is entitled
by assignment to any disposition of the case he may
choose
That public interest in the great scandal suit has
not abated was demonstrated by the presence OF a
curious crowd of spectators who occupied every
available space. Egress from the room was almost
impossible when once 1t was filled, and outside new
corners vanly struggled to edge their way few
steps nearer the scene of immediate interest.
Among those nearest the bench ard scattered with
ia the bar were many faces familiar at Plymouth
Church. and about the courts and City Hall, for
this case appears equally interesting to religious
folks, lawyers, and politicians. Plymouth Church
was well represented among the spec
tators and Mr.. Tlton's partisaas were present
in full force also. Among others present were
Judge Moore of the County Court, Fire Commits
soner Massey, Coroner Nolan, Charity CommIs-
soner Norris, County Clerk Herman. Alderman
Vaughn. County Treasurer Gardner, Gen. CatliD.
Gen. Thomas Dahin of the American rinemen's
team, Prof. r. w. Raymond, ex-Judge Troy, and IN
fact scores of other prominent men.
The central figure of this group-the central
figure of attraction also-was the Pastor of
Plymouth. Mr.. Beecher had entered early, probably
to avoid the sensation which must have inevitably
been created by his entrance into q crowded court
room. He sat by the side of Thomas q. Sherman.
his most intimate. though he may not be his most
distinguished counsel, and the one who has devoted
the most time and study to his detense-sat by his
side apparently unconcerned, and absorbed in tho
contents of n morning journal. Only man used to
frequent public appearance, only one whose nature
or whose mental absorption in some great work,
makes him Indifferent to human applause or
condemnation, could have been really and entirely
unaware of the sensation which Mr.. Beecher created
in the court. But those who have seen the great
preacher at his ease, have seen him just as he ap-
peared in court-indi6erent TO the rude stare Of
those around him-as cool and self-possessed
he was on the platform at Plymouth Ills dress was
his usual plain habit; the cid familiar black cloak
was thrown around his broad shoulders in the ac-
customed careless way.
Those who came here expecting to witness any
thing in the way of dramatic situations effects
must have been sadly disappointed for the proceed
ings were Of the most matter fact character For
over an hour Mr. Beecher and his cOunse Messrs.
Tracy and Sherman, sat quietly in their seats
listening to the calling of the calendar; they did
not even evinee any signs OF the impatenee which
might have been pardonable under the circum-
stances
Finally morscl of satisfaction was thrown
to the spectators. Theodore Tilton versus Henry
Ward Beecher" said Judge McCue Sudden silence
fell on the courtroom Us Mr.. Sherman arose
hastily, and stepping forward, answered, Ready
for the defendant" Mr. Beecher continued 10 read
his paper, but the spectators stretched ont their
necks and looked anxiousy around the court
room, as il expecting to witness seDsa-
tonal scene. Still Mr. Tilton did not appear.
In fact. at that very moment he was at French
| restaurant near the Courthouse, unaware of the
| important discussion which was entered upon OF
once. Judge Morris at his Office in Montague
st. arranging o huge pile Of legal papers and tho
rest Of Hlton's counsel were in New-York. and did
not appear at ALL except by Mr.. Pearsal partner Of
| Judge Morris
| Considerable comment was excited by the fact
that the case was called before Judge McCue, owing
| TO the general understanding that Judge Nelson
was to try it and doubts Were raised as 70 whom IL
would fall when brought ND to-day. I'll refusal Of
Mr.. Morris to appear In court until o'clock. tho
hour set down for calling the case, also caused TO-
mark. and the idea was broached that the pro-
oeeings yesterday part Of the legal tactics Of
counsel to delay trial. for which they had professed
| TO be eager. To endcavor 10 solve the apparent
mystery reporters visited several of the counsel in
the case, and also Judge Nelson.
Judge Nelson said that he was not present In
Part during any portion Of the proceedings, and