The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-05
THE LITERAL REPORT.

Yesterday was the day appointed for the pre-
lminary proceedings in the Beecher-TIltOn trial.
1t was arranged by Judge Nelson that the special
panel OF jurors In this case should be called
at two O'Clock, but as there had been rumor that
Judge McCue would preside at tnis trial there
arose a Misrepresentation as TO the time fixed for
the great cause to come on. The result OF this
was that when Judge McCue took mis- seat at ten
O'Clock in Part OF the City Court the room filed
up with lawyers aud with jurors Presently Gen.
eral Tracy. Mr.. Shearman. AMI Mr.. Henry
Ward Beecher entered the court room,
and took seat at one OF the Ia
hles. This caused considerable excitement, and
there was iutter OF expectation manifested as
to what was the purport OF this visit, inasmucD
this was Mr.. Beecuer's first public appearance in
Court.
Mr.. r1ton's counsel were not present. and very
soon there were whisperings among the audience
as TO what their absence meant Judge McCue
proceeded to call the calendar. The second case
was the great scandal SUIT. and when Theodore
Tton against Henry Ward Beecher" was called,
Mr.. Shearman SAID,
.'READY FOR THE DEFENDANT
There was no answer from the other side and
soon Judge McCue went through the calendar
again, without answer. He tnen minated that
he wanted TO see General Tracy, who approached
to the 'front.' OF the oar with Mr.: shearman. -
Judge McCue said that ne mad called the case OF
Tton vs.. Beecner once, but no one had responded
from the other side.
General Tracy-We came here to have the case
settled, but we have nothing to do with the nom
appearance OF Mr.. Morris.
Judge McCue-Hadn't we better let the case
stand over until two o'clock
Mr. Shearman-Tnat will Keep US here all day.
General Tracy-1 II IS to he disposed OF at all 1t
had better be disposed OF for the day.
Cerk MaIlison-The jurors have been summoned
for two O'Clock.
that; we understood the case was called for this
morning, and was to have precedence OF all other
causes.
Judge McCue-I understood 1t was set down by
agreement for two O'Clock.
Mr.. Shearman-No, sir. There was never any
agreement for two O'Clock An agreement setting
the case down for twelve O'Clock was GAINED by
the Otner side. which but slightly understood. 1
have a very important case IN New YORK. iDvov-
ing 5000 900, which appears on to-day's calendar,
and If this case ID not exactly on or to-day the re-
suit Will be that Mr.. Beach and myself who are
occupied on the same side, VIII be kept Dusy IN IL
for the whole term. Now on that ground. we
want this case TO 60 on Immediately. The case to
which reerred Is In the supreme Court IN New
YORK, and they are very anxious TO press IT. II
mas been delayed two months already on account
OF this case, but don't want 1t to go ahead, ana
Tor that reason we are anxious that this case
should be proceeded with.
Judge McCue-II there was any one here from
say about the matter.
Mr.. Snearman-Is this case number one on the
Judge Mccue-No; the case of Frazier vs.. Mas.
sey Is the first one.
AN ARRANGEMENT
was then made for the taking OF the testimony OF
Mr. Drake, de berIe esse, In the court oil Part
2. MI. Drake Will leave foi Europe this month,
and 1t was desired that his evidence should be
taken before he left the country. After this evi-
dence was taken an arrangement was made by
counsel that the remainder Of the proceedings OF
the day should 90 on in their absence, inasmuch
as the leading counsel mad engagements In New
YORK.
After testimony had been taken In the opposite
court room. as above related IN our preface, the
same case was again callef at halfpast twelve
Mr.. Beecher at that time was present with his
counsel. Mr.. Thomas Il. Pearsall appeared for the
plantln.
Mr.. 5nearman SAID that he had sent word to Mr..
Morris Office as TO the disposition OF the case, but
he had refused TO appear In court until two
O'Clock.
Mr.. Pearsall, who was present, came forward
and SAID -FOUR understanding ~, sir, that the
Jury WAS summoned Tor two O'CLOCK and then the