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

nj the duty he has performed. ana sne ooui' moo
s;s,,aS mil II o'clock on Tuesday to-day.
The Tlton- Beecher case was on tue ca,ouu',' ""o
was called in Part I. 1t was certainly unoerssoou
asbavinp been agreed upon between the counsei-nV'
IN 80 many words perhaps but 1T was without oouo'
40 implied-thatthe case would DO tired before nii'
"a s,ob appeared to be the general understanding
p.rts / and H. sit at the time, and in order TO
dsnatcI, business cases sent from Fart l. 10 DO
t,icd in Part ii. He could not say whether the
Beecher case would be sent into his court or
oot but il IL were not such course of action wouu
be no special disrespec to himself. as Judge MeCue
was the presiding Judge.
Thomas G. Shearman said that he he had no Wish
to speak about the at present. as he would con-
sider il somewhat indicate. There had beeh ho
agreement between counsel rs TO the case DOING
brought before any special Judge. IL was 10 10
broueht ND in a certain court q certain day.
and had been brought up accordingly Judge
MoCue sat as Judge Of the court "hen
the calendar was called, and OF course
the case came ~ before him, as III was on inc
calendar. The case would certainly go on at IL
o'clock on Tuesday to-day, and the question as to
who sbould try the case rested with Judge McCue,
as no agreement had taken place between the oppos-
ing counsel by which selection had been made of
eny special Judge to try the case. He saw no rea-
son why Judge McCue should not try the case. but
that matter would DO determined upon when the
case came up
Gen. Tracy said that he did not see any reason
why the case should be taken out of the hands OF
thu Judge before whom it had been regularly called
All cases were called before the Judge who presided
in Part L. and it was matter of subsequent action
whether or not any special case should go before
the Judge who sits in Part II. Judge McCue is the
presiding Judge at the present term, and the case
was regularly called before him. and is therefore IL
his hands. There had been no agreement OF counse
as to tho case going before any particular Judge
and of course il was called up in the regular way
Without such agreement of counsel the case couie
not be taken fsom the calendar and the calenda
was called in Part l., as is the usual custom. Fo
himself it did not matter much which Judge 1t wa
tried before; but as it was regularly before Judg
McCue, he saw no reason why it should now o'
taken from his jurisdiction. 1t was matter yet u
DO settled as neither of the senior counsel was pres
emit whom the case was called up.
Roger A. Pryor said that he had no reaso
to believe that the case would not
tried before Judge Nelson. The mere lac
that the case was called yesterday morning o.
Judge McCue. and that lawyers for both SIDE
responded slgnifed nothing, as that was the usua
method Two conferences had been held betwee
the three Judges and the counsel on both sides
He attended neither of them, but no mad pee
informed by his associates and Mr. 1llto
that the result of those conferences was an under
standing that the case was to be tried before JUG
Nelson. Hs wished it to be distinctly understood
that he was personally aware OF the understand
ing butbe b. heved that such an agreement did exis
IF there WAS not such understanding" aske
Mr.. Pryor, "why did Judge Nelson proccee
10 call the special juryp In answe1
TO the question as to whether the counsel &c
MIR. Tilton would object should Judge McCue nc
refer the case to Judge Nelson, but procee
to try it himself. Mr.. Pryor SAID "Juds
Beach is our leader and l cannot say. Personall!
Ihave no objection to Judge McCue, and our sid
are ready to proceed under any fair Judge"
Mr. Pryor seemed very confident that the case
would be tried before Judge Nelson.