The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-04
THE SCANDAL.

DISGUST OF THE PEOPLE AT THE NEWS OF A
POSSIBLE NEW TRIAL.
The supposed intention OF Mr.. Tlltons counsel
30 reopen the great scandal suit continues 10 eX-
ciEe considerable discussion. People who mad
become SICK OF the miserable exposure OF human
weakness, ny ocrlsY and anectation OF ethereal
ism mad settled down TO the conviction that they
were to hear no more OF the wretched stun, ana
Jhat the family circle would no longer be polluted
by the perusal OF the demoralizing accusations
ana recriminauons OF the Plymouth pastor ana
his quondam bosom friend. The news OF the in
tenuon TO reopen the suit, published IN yester-
days papers, was received with dismay. In the
hotels the cars ON the street and IN all places OF
public resort the feeling was one OF intense dis
gust at the news, and wonder was expressed
that the parties concerned mad not the COM
mon prudence to hioe their weaknesses
by retiring into the obscurity Of private life, and
boring the public no more. AS the day wore on
doubts began 10 be expressed that there was any
real intention TO renew the trial. and these doubts
were strengthened when the evening papers pub
nshed the statements OF some OF the lawyers TO
the effect that the serving OF the notice by MOTHS
MERE MATrEE OF FORM.
precautionary measure usually adopted In cases
OF disagreement 10y jury. whether the counsel
Tor Mr.. linton really Intend TO reopen the case and
Try the issue once more remains yet 10 De seen.
Many people who have carefully observed the case
from the beginning do not hesitate to express
their confident belief that no such intention ex-
lsts, ana that nothing more than she usual pre-
cauLlOnary measure was INTENDED. III
this were not done, they argue Beecher's
aud take dismissal, ana the notice IS served
merely TO provide against such CONTINGENCY.
Pernaps also, tuere might be sight nope on the
part OF the plaintiffs counsel that Inc DEFENDANTS
lawyers believing 1t TO be mere matter of form,
might neglect TO take any notice or H. and thus
give them an opportunity OF claiming the dam
ages by delault The circumstance that eXcites
the greatest comment is the serving OF the notice
SIX WEEKS BEFORE THE TIME
whereas the usual practice is 10 serve such
document about fourteen days prior 10 the time
mentioned In It. Some attempt TO explain TINS
by inierring tnat the early serving OF the
nouce was dictated by CONSIDERATIONS OF personal
convenience as the plaintiffs counsel might pos
sibly be out OF town at the period when custom
would call for the service. Whatever the cause
NAV be pad taste OF serving Ii at the partlcu-
lar vine When the Beecher party were going on
pleasure excursion is severely censured, and IL Is
freely asserted that desire 10 cause personal an
noyance and crafty personal spite was the ruling
That the action in question as has been said,
was merely that OF clerk or once boy is 700
puerie ana silly an idea TO gain moments ere
dence rom any one who considers the mater seri-
Ousy. and whether 1t has any particular sig
nlncaRce or not IL must certainly have emauated
from person fully cognizant OF the effect their
acton would produce. The only thing that gives
any shadow OF foundation for the belief that new
trial slnendec Is the boast OF eXJudge MOTIFS that
some new evidence is lortncomlngi out people are
slow TO believe that any evidence at all CALCULATED
TO alter the present aspect OF the case Is likely TO
tura up. Bat, whatever the puDnc may THINK,
Judge Morris, who ought to be an authority on the
subject, Is positive on the point that the
case Will be tried again. He says the case
stands now exactly as II stood before the trlal
began, ana that ne does not mean TO let the
matter end there. he Intends 70 put 1t on tse
calendar for next term but before that can be
done, it is necessary TO give notice TO the oppos-
ing counsel. In doing this he insists that he Is
only carrying out an intention formed at the time
the jury was discharged. The question whether
Henry Ward Beecner committed adultery with
MIS- TtOn mas yet TO be settled, ana IL must be
settled one way or the other before there can be
an end TO This case.
These emphatic expressions seem to place be-
yOnd doubt the fact that new trial will take
place.