The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-09-15
TIE SCANDALS REVIVAL.
LETTERS IBOUT THE LTBEL TNDTCT-
MENT or MR.. MOULTON.
mr. Bcccher and District Attorney Dritton

y nioulton Wants to be Tricd-A Suppressed
Episte from Rev. Henry Ward Beccher.
one Of the moves in behalf Of Mr..
heecher. about year age. was the indictment
ror libel Of Mr.. Moulton by the Grand Jury of
Kings county. MIR. winslow, a member Of Mr..
Beecher's investigating committee. was then
the District Attorney, AMI the evidence before
the jury was the testimony given before them
by Mr Beecher. The ciyi suit brought by Mr'
Tilton. however, took the place Of all other
plans for fights in the courts, and nothing was
done about the indictment. since the term'na-
tion Of the long trial Mr.. Moulton has frequently
professed a desire to be tried on libel charge
and IL has been understood that. should the
scandal go into court in that shape MIR. Benja-
min r. Butter would conduct the defence In "A
way intended TO be In effect vigorous prOsecu-
tion.
Mr. winchester Brtton became District At
torney Of Brooklyn at the first 0f this year, and
In one Of the pigeon holes OF his ONCE has lain
the Indictment against Mr.. Moulton. on the
2isi Of last month some acrimonious corre-
spondeucc having in the meantime passed be-
tween Nr Britton and Mr.. Moulton on the sub
icct the District Attorney sent the following
letter to MIR. Bcecher:
OFFICE OF rnr DISTRICT ArroRSyY. KrNGsl
CorNrY' Room COUNTY Cornr llorsE,
BnOOKLYN. Aug. n. 1873.
REV. HENRY WARD BEECIIER--I Dear
SN There IS IN this ofhce an indictment,
found unon your complaint and testimony;
against Nr. Francis ID. MoultOu for libel, based
upon public itiOns bv HIM regarding your
self. Ii was not at once disposed of, awaiting
the result Of a civil action IN the same court,
brought hy Mr.. Theodore 1ilton against your
sell involving substantially the same question.
The trial OF that case continued six months,
terminating In July last bv disagreement OF
the jury. IT It's conclusion. in accordance with
custom pending the summer heat, the court ad-
jOurned It's jury term, civil aud criminal, until
Septemncr The time nov approaches wnen II
Is incumbent on me to make some disposition
O this indictment. Asa public oficer. repre-
tenting 10 the best OF my ability the interests Of
the people only, am, and can be, no y rty to
tho personal controversy connected with theae
matters. On behalf Of the people only am
GATED upon to act
have therefore given the subject serious and
conscientious reflection. and the following con-
siderail1ns present themselves, suggestive that
the public interests would be best served by
moving IT nolle proscqui In this case
substantially the issue herein involved was tried
In the civil action. and after protracicd and
most exhaustive Investigation the jury dis
agreed. On a trial Of TINS indie ment-unllke
that Of the civil case-the well established prin-
cple hat the accused Is entitled to the benefit Of
areasonahle doubt will apgly. and the probability
OF an agreement for conviction will be thereby
that In the absence of additional eydence-of
the existence OF which am not inforned-a
People IN the criminal proceedings than to that
Of the defendant IN the civil action, and will not
be likely to convict, nor probably to agree.
The trial will involve much valuable time Of a
Judge of the court, TO the exclusion Of other
puolntrS pTthsllk LOT ulSf OsltiOn ana Will also
be Of great expense to the county.
viii he very difncult, u not impractcable,
20 obtain In this county jury qualified by law
nave omitted including among these copsid-
erstlons the effect upon public morals OF an
other trial OF the issues Involved In this matter,
as perhaps this may not be proper subject TO
influence my action.
Not intending to express or Intimate any per-
sonal opinion upon the merits Of this contro-
versy. / am constrained by these facts to invite
ihe views of yourself Ind Mr.. Moulton uaOn
this subject, and to submit 10 your Judgment
whether II will not ne better that the trial Of
ths Indictment should not take place.
Any suggestions which YOU may think proper
10 make viii receive careful consideration.
am, very res nectfuy.
WINCHESTER HRITroN. Dist. Atty.
Mr.. Beecher wrote reply, in which. Mr.. Brit
ton says, he concurred in the proposition rot to
try Mr.. Mouton under the indictment for libel
Thereupon Mr.. Brltton sent the following TO Sir,
Noulton
OFFICE or rHR DISTRICT ArroRxEy. KINGsI
County, Room 3, COUSrY COCRr HorsE,
BRoOKLYN. sept. n. ls15.
CIV Court Of Broohlp.-1he P.opt, Sc, aglhlst
FrdncL u. MOulton.
FRANCIS ID. MOrtTON. ESD Dsdr Sfr: here
with incose copy Of letter forwarded 10y me 10
the Rev. Henry ward iieeCher. | may properly
say that Mr. Deecher, I'm renly, cnncurs I'm the
disposition of this case = suggested by me.
submit to you whether for the reasons
stated, you should not also acquiesce In the ac-
tiOn proposed
Before determining the matter. await the
expression OF yodr views.
Very respectfully,
WINCHESTER DRITTOS.
District Attorney.
Mr.. Moulton has been yachting nearly all sum-
mer, and returned to Brooklyn as tate as last
Monday, when he received the District Attor-
news note lie at once wrote and despatched
the following reply, which Mr.. Brtton received
yesterday afternoon;
BRooKLYN. Sept. 49, 1875.
DEAR SIR: Your favor of the I'm. inclusing
acopy of your letter H. the REV Henry Ward
Beecher. was duly received and Ia reply Deg
g. declare at once that cannot "acGuiesce In
The action proposed.
with this polite but peremptory protest against
TIE withdrawal ~ ihe indictncGt. would he
content to terminate our cpTrespundence: but
your note invites an expression II nay views. and
more particularly cht, ngcs ms Judgment as to
the "suiiciency ~ the reasons stated" TO Justify
your conte plated action, aud an omission
10 respond To your suggestion night be Imputed
20 some motive Of stud ed iuciyilty, proceed,
with cAudor but III all courtesy, to comply With
IN discussing the considerations that deter
mine you 70 abandon the prose futiOn, YOU and
IcontemplAte the subject IN different a~pects
and relations. As sworn officer Of the Govern
ment, you uaie permitted to look only a. the public
Interests, and 10 be controlled exclusively by a
sense of official duty; whereas ]. a private cti-
zen, indicted OF Grimm j ofence.will be pardon
ed II pusle the course best Calcul tted To vlndi-
cate my own innocence. II Will not be sur
prising, therefore. nor Will H. iEpli any uispar-
Agement Of your Understandings u Your iuh-
sons" feil T. Impress NE as decisiVely as they
appear TO Affect yourself
l. You are correct, no doubt in your cacula
ton OF the chances Of verdict for the prosec IL
ton but Is not the acquittal of the innocent
a. much an object ~ your duty and your sol lei
tude, as the conviction Of he guilty? I am no
lawyer, and therefore you will excuse nv error
II have supposed the FplTit II our jurisDru-
dence 10 be such that u exhibits more alacTity
~ signalizng the Innocence than the criminal
iJ OF the citizen, and that the most grateful
duty Of the pubic prosecutor Il to be instru-
mental ~ making rcpuration to the uniusty ac-
eused In my lac lPnorance ! had imagined
thht the Distiict AttOTnuy represents a. well
the defendant rs the pCO lie, and with this I'M
Preston have rested safe In the assurance that
he would not sutfcr The machinery Of the law To
De employed for INV d. sttuction, but would,
when ho iound me the Yic,tl Of a false and
malicious prosecutor, GGsten to give me the
yndcltion Of publc a acknowledgement Os nay
innocence, or elso % u formal aCQuittd by a
Jury of my cOuntrymen. less than this Is not
the tull measure Of my rights less than thia |
disdain u accept.
H. That tao trial Of the Indictment against
me VIII Involve heavy public expense ana OBJ
hUucl o't or eNlgcnt buslncss OF the courts, is
al objection that should have been considered
AZ az earlier stage Ot tho proceeding, ana have
tNaVed 10 prevent your predecessor permitting
tht powers Of the District Attorneys o1ioc 70
ns pro,uthled Ia the PURPOSES Of the Rev.
menP ward lieeoner In his controversy with
M. Itton' nave been acc sod Of CRIME In The
name oil the people; huve been compelled to