The New York herald., 1876-11-14
THE COURTS.
Discontinuance of the Moulton-
Beecher Suit.
THE ESTATE OF SYDNEY MASON.
Decisions by the General Term OF
the Common Pleas.
GENERAL COURT REPORTS.

In the suit brought by Francis D. Aoulton against
Henry Ward Beesher for malicious prosecution, In
which the damages are laid NJ $50. 000 and In which
motion recently made before Judge Westbrook
70 change she place Of trial from this county 10 some
county in she Interior northern part Of the State
the fact has already been published In the HERALD
that Judge westbrook had decided TO transfer the case
- Delaware county. The opinion Ia the yes
lsrday Aec In which he gives at length his reasons
nr changing the place OF trial. After rccting the cir
bumstances originating the suit he says that New
FORK ana brooklyn should be deemed to be one CON-
nuuity that Tor the purpose OF this motion the suit
should be considered to be in Kings county,
although the amended complaint brings tho case
In this county. The inconvencnce which. y Is Al
legged, witnesses would be Obliged 70 submit 10 ne
does nos deem controlling objection. He says the
given 10 his MIND thai Brooklyn 10 not
oa ns tno and
trial. and among other things, because II tho iau
OF the paintsf himself "There was another reason
Also which my mind Is very controlling In any de-
tsrminng Of the change OF place Of trial. and bat Is
The plaintiff has written caused 10 be written,
from time 10 time 10 the newspapers, very elaborate
and carefully prepared Communications 10 establish
the alleged immoral conduct and lie OF tho defendant
II 10 but fair 10 tue plaintiG that these
lclss written ana published for the express and
only purpose or inducing the public 10 believe in Tho
guilt OF Mr.. Beecher. To think otherwise, and 70
Ascfibe TO the plaintiff no motive whatever IN such
publications. 10 TO insult hts intelligence py supposing
that he would perform great labor and Incur consider
the influence Of certain publications. in the newspapers,
Judge WcstbrooK says:-'lf The plaintiff has not
sought 10 influence the result of the action,
he has endcavored TO mould public opinon,
the transactions out OF which this action springs
IL does become the party who has done ths 10 say
MY efforts been incnectual and have produced
No effect II Is not unjust 10 hold that the ca use
should not be tried In locality the general sentiment
ot which Of the the action has sought by
appeals through the public 10 control and which nc
has himself selected the place OF trial. The harness
D the trial should be above and beyond suspicon and
no Court should allow trial by jury Of the vcinaec
The general opinion and belief OF which upon the
matter involved such trial either party has ndustr
ousiy through the papers sought TO form" For that
reason Judge Westbrook grants the motion TO change
The place OF trial. and already stated IN the HERALD,
dcsignates Delaware county the most proper place
Tor such trial. unoss satisfactory reasons be given
Tor selecting come other county
And now comes the addenda 10 this litigaton-a
angular one, IL will doubtless appear TO many but
no doubt very acceptable 70 the puoc Ut large This
Is the discontinuanco OF the SUIT by Mr. Mouton lo
lowing tue above decision aud the execution OF the
proper legal papers 10 that end Ho is srcported as
giving his Tor this course the fact that hc
cannot afford the expenses that would have to be in
Cured In trying tho case in Delaware county, but
coupling with this the further statement that II
Mr.. Beccher insists on trial IN Delaware county ne
shall have II II he (Mr.. Moulton has TO give up bus
ness and sacrifice his last dollar The probability Is
thai ths litigation may now be accepted as ended.