Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-02-29
MOultOn vs.. Beecher
ARG UMENTS BY sHEARMAN, BUTLER, AM

PRYOR.
Argument on demurrer in the case of
Moulton VS.. Beecher was begun shortly after
noon yesterday in the Brooklyn supreme
court before Judge Dfkeman. Gems. Butler
and Messrs. sherman and Abbott appeared
for Rev. Henry Ward Beecher. The uues-
ton is TO determine whether after the dis
tTict attorney has entered a nolle proseuui
In The case against Moulton the latter has
The n ut 10 bring the case against Beecher
for malicious prosecution.
Mr.. Shearman opened with bTlef review
of the proceedings which led to the action
and speaking of the great trouble and an
10Y ance which would be caused if the door
should be opened TO every person against
whom the grand jury might take action
allowing them TO turn and sue parties who
furnished portion of the information. he in
sisted that the entering of a nolle prOsequi
was the virtual ending of the case
Gen. Pryor made strong argument on
legal points.
Gen. Butler followed, contending that the
demurrer should not be sustained. Mr..
Beechef knew when he went before the grand
jury whether he was guilty or not, and IL
was through his evidence that Mr.. Moulton
was arrested, held and obliged TO give bail.
He knew whether Mr.. Moulton was arrested
on perjured evidence, and whether he was
guilty as charged. Why, IL Mr.. Moulton was
guilty, did Beecher after his trial was over
request the district attorney not TO try the
case! Mr.. Moulton refused to have the case
settled in that way. He wanted trial, so
that he might virdicaie himself, but not
outstanding bis protest the nolle pros. was
entered, ard now they meant tn say he had
no cause of action or redress. If there was
no precedent for the case at the bar. then the
sooner they had one the better. He said he
would not describe or speak of the charges
which had been made against defendant
because il would be necessary afterwards To
wash bis mouth.
Mr.. Austin Abbott, one OF the counsel for
Mr.. Beecher, followed Gen. Batter.
After this argument the court took the
papers and reserved the decision.
Louisiana Impeachment Spoiled.
Alter seven ana half hours debate, The
Louisiana house of representatives yester-
Gay adopted the report OF the committee for
the Impeachment of Governor Kellogg by a
vote OF Of yeas TO 40 nays. The hall OF the
house and the Hobbies above and below were
thIoDged with spectators during the discus
sion OF the question. The senate was in
formed OF the action of the house by COM
mittee appointed for the purpose, with
whom senate committee arranged that the
house should remain In session until the
senate organize as court OF Impeachment
and notify the house what time would be
given them 10 sustain their charges by tes-
timony. The senate at once organized as a
court, Chief Justice Ludeling presiding, anG
adopted an order requiring the house TO pre-
sent their charges and testimony at p. m.
As the secretary of the senate reached the
| door OF the house with this order the house
adjourned until Wednesday. The attorneys
| for Governor Kellogg subsequently pre-
scented 10 the court of Impeachment an order
setting forth the peculiar circumstances at
tending the impeachment, declaring il to
| lutionery purposes, and violative of the
Wheeler adjustment; that the object of the
hurried adjournment OF the house until
wednesday was for the purpose of defeating
full investigation of the charges. as but
little more than one day of the session would
| remain; that VIM. Pitt Kellogg was inno-
cent of any criminal act; that the house of
| representatives. has failed to appear and pre-
cent any specific charges, and therefore Ii is
| ordered that the Impeachment presented be
| 10 prosecute, and this order TO have the same
| effect as judgment of acquittal. During
| the calling OF the vote on this order the
| house committee appeared with an authori-
| but In spite OF an excited protest from Mr..
| WilIZ, IL was ruled that the speaker had no
right 10 appoint managers after the adjourn
| ment OF the house. The order OF acquittal
| was finally adopted-yeas Is. nayss 9.
| END OF THE "DEAD LOCK- IN BALTI-
| MoRE.-T The ''dead lock- In the city council
| came to an end last evening, and Joint con-
Ventlon OF the two branches was held. 1t is
| understood that five of the democratic mem
6eFs agreed to vote for the reform nominees
| for school commissioners In the wards repre-
sented by refOrmers. The mayor sent in his
| green bag" and most Of his nominations
were confirmed. Mr.. Augustus Albert, late
Sheriff OF Baltimore city, was nominated for
| collector OF taxes, but the joint convention
refused to confirm him. 1t is supposed that
the present collector, Gen. James NJ. Ander-
son, will be allowed TO serve another term.
| Mr.. Frank Morrison, who was nominated
Tor superintendent OF the fire alarm tele-
graph, was also rejected. The school COM
missioners nominated by the reformers and
elected by the convention are principally
democrats, and some of them were former
members OF the board who were turnei out
TO make room for the present incumbents.-
Bdu. AaeT., 18Th.
SUICIDE OF A GERMAN BARoN.-Bruno
Won Faldern was found in Washington
Square, New York, early Saturday mornfng.
unconscious, and with a large contu> lon on
the right temple. At Bellevue Hospital il
was found that his skull was fractured. He