The New York herald., 1876-09-19
THE BEECHER SCANDAL.


1t having become generally understood that there
would be motion made before Judge Westbrook yes
terday, TO change the the suit of Francis d.
houton Henry Ward Beechcr, The court room was
in consequence depscly ihronged with eagerly ex-
pectant crowd of spectators When Messrs. Roger A.
Pryor, rhomas G. shcarman and A. J. Yanderpoel
representing the husants made their appearance in
Court The prospect deeply exciting legal
considerably heightened Late the afternoon Judge
Westbrook suddenly called the notion and the
suit prouiscuous scramble for front seats which
were soon filed with equally promiscuous crowd OF
listeners Mr.. Moulton sat directly behind his coun-
se General Roger A. Pryor but the defendant In tho
suit, however Jailed 10 put in appearance tho
evident disappointment OF the audience.
The argument was opened by Mr. shcarman, who
said, "li II please Your Honor, this Is amotion to
change the place or venue in suit tor malicious prose-
rution." Mr. Pryor said, 81 do not understand u.
II was order to show why hereto
iorc entered oy defendant IN Kings county should not
bc argued In New York" Mr. Shearman :--'sl say
sgain that II is motion to change the place of ,ral
SUIT Tor malicious prosecution. Within the 1--we days
allowed the complaint WAS amended ana the return
day Mr.. Pryor SAID the removed To New York.
and Judge Dykman gave an opinion, deciding with
out, unfortunately, having defendants moving papers
before HIM, declaring that II certain statements
had been in these papers he would deny
the motion; assuming that they not
them and those statements were fully set out in them
but he sustained preliminary objection and ordered
That defendant have leave 10 make his motion New
York, to which the cause transferred.
General Pryor, In reply showed that he had served
on defendant an amended complaint changing tho
place OF venue TO New York. and that Defendant ne
ihcr answered nor dcmurrcd. This q ne motion
substantially TO change the venue from Kings, from
which Il had already been changed, an sbsurdity and
mere ciap,rap, and HIS Honor had no jurisdiction.
Judgc-Th.y now ask TO change from New York
General Pryor iexcitcdyl-lcs, motion that never
was before Judge Dykman.
Mr.. shearnan thotlyl--We'll see before we're
through on which side the captrap is have yet to
learn that Mr. Moulton or his counsel select
county tor Their objection that have not served
answer TO she amended complaint is disposed OF in
40 Howell
have heard the motion, II not prccuded by statute,
SUIT pending here. He would take the papers sub
mittcd ana hear the whole the merits next
Thursday.
MORTGAGING FLUCrUATING STOCK.
Patrick =. Flynn, carrying on business grocer
gave a chattc mort gage his stock, fixtures ana
wagon 10 Cornelius H. Reed, With whom he WAS accus-
omcd to deal Flynn continued his business usual
selling goods and replacing them by purchases from
Reed until at tho end about SIX mouths when Mar
shal Farley seized the wagon and sold under an ex-
ecutionsn Fly and favor of a Mr. Chamber
lam. Reed, who held the mortgage, there
upon proceeded TO icrccloso IL and brought
suit against Mr. Farley the value
OF the wagon. The SUIT defended on the
ground that the mortgage void MS being on fuc-
tuatins stock aud lraud OF bona nj, creditors
flynn OF whom ChambcrNn tho execution creditor
ON the Trial of the before Chcl Justice
shea, IN Part = OF tho Marine Court, Yesterday, 10
charged the jury that # they found matter OF fact
that the change oi the stock by Flynn by sales
purchases. made with tho knowledge and assent OF
Reed, then the MORTGAGE void to H. and beng
void tho ground OF fraud IN part, void TO
ana whole, incudIng tho wagon The jury
Of his counsel. Mr. W. y. MeeSs Tho court granted
him an extra allowance