New-York tribune., 1876-02-29

Judge Dykman gave notice that he would e1tehu .n'
time TO 4 O'Clock and would give the two lawyers io
Mr. Mouiton an hour each. and Mr.. Abbott twenty min
utes In closing the argument.
CLAIMS OF Mr. MoULrONs COUNSEL
n WIS after O'Clock when Gen. Pryor began 10 speak
and tho room was becoming densoy crowded every
hour He won the appause of the crowd at the first oy
quoting from "Abbotts Digest" the statement tna'
,o,, pros,om and abandonment OF the prosecution
eouiysIent TO full discharge" remarkng that IL wal
good law for his learned friend CMr AbpottI III e'ey
case but the one In which he was at present engaged
Gen. Pryor spoke with great vehemence and hed ,ne at
tention OF every to the end OF his argument he
stated tho case action for malicious prosecutor
Mr. Moulton pleaded guilty in the action aRainst MIN
and was anxious for trial but the DistrctAttorney
I'm compliance with q request Of the defendant, Dut
against the protest OF the plaintiff moved noe proSe"
which was granted by the City Court The specnc po'
presented for adjudication Is, whether an order OF hoe
prosequ granted by the Court on motion OF TINS DSrc
Attorney and entered OF record Is such determination
OF the cause az will support action for malicious prose
cution.
The following against the demurrer were then
presented at length with numerous citations from law
books:
Fra: The gst Of the action for malicious prosec%% a %
Is the want 81 % does not touch the
Hence. the absence OF such avernent Is cur " W.
dict: and the fact or the VI
action is not nut in issne by general denial. Though
the plaintiff acquitted on the prosecution wan. q.
probable cause must be suostantivey anu express"
second Originally. upon false analogy to the writ OF
conspiracy technical acquial was ihdispeusaole 10
the support of this action Now, however IL - not es
antla that the prosecution terminate as to discharge
the offense aud oppose bar To fresh proceens' All
end OF the particular prosecution suiices -,
Third In a civil acton mile prose9'a "a an acknowi
that he win no further prosecute his suit, and II has the
effect Of nOnsuit or dscgninuance.' IN aeriminai
proceed ng the effect OF eOs proSeQnii u delca e.,
It determines the pa ticular prosecution. lac npnon
that Hoe proseqn operates onlF 10 STAY proceeuiYs
/ salked q; Mob. 2Gl II was never more tpnn an
idle fancy without precedent In pracuce, an IL ~ pW
co ntry il mas had speculative rrcogniton bnt IN
no IN n:ianco has it been acel on. ana now the clear
whatever the law In England elsewhere. In THIS statc
soe prose9i necessarily an end of the prosecution
Fourth nOie proseqi Is such Hn end OF me piO'ecu-
ton "a will Sustain ts action Entry OF n0Hc WoSeg"
bing an end OF the prosecution. the defendants as
woad be merely 10 plead q conclusion of Law, IL ho's
be not an end OF the prosecution. then an allegation Oh
deiendants Gis barge would be nugatory: -,
Fun. In New.York tha specific point has never been
adjadccd and indeed. was never pres Ited Tor aJ :,
tbs state s open for decision upon principles OF on
and Justice; nj il caunot be- doubted tnat the com
plant exhibits wrOrg, for whicl plantn should nave
redress The flcts reccd are admitted by tue demurrer
aud these SHOW TO case IN IT, enoFiny 10 De- "tnou'
precedent parallel Tho conceded a"t thIt he pfose-
rnion wns qOH Jross'd tho request oi the dsietn
and against the protest Of the present plantn dscii-
mates tins case rom any olbts t'c"ih'" '.i
makes il s generis and entities It 10 specific re- edy
Siith The law Of New-lork IA not obnoxious w tbe
repFoAcb implied by tue mpuiatinn tLt u pro'lus no
riless FOR great grievance as me complaint eAhio
It's. The demurrer should be oyenu!ed
GEN. BULgEs ARGUMENT.
Mr. Pryor occupied hour and quarter In his arg'i-
mcnt Con Butler yielding him portion oil his time ON
rising 10 speak Gen. Batter said he felt compelled 90
make an apology the gentlemen OF the Newfork bar
for his appearance among hem but that hc had been In
dneed Ia come by feelings of private friendship He said
the early com law divided Into two classes OF
cu,Un-yextOus prosecution and malicious prose
cut un-hut that In time these two classes had mingled
The necessity OF d-oiarsng an indicted person whose
trial not thought to be necessary, gave rise 10 the
nois prose7u Tho why suit for malicious pros
ccu,ion coud brought after noe prose1n IN GER
tain case was because sch su would be In opposition
10 the Court He abored earnestly 10 show To the Court
that tic case maudng new precedent, IN tht
IL was the first case in which the accuscr had been
Instrumental In procuring tie noie prose7ut The de-
rndant Mr. Bcechrr he said bal c9useI the arrest Of
the pa N tie charge Of perjury In order to keep
him from appearing against him witness in M In
portiut tIial When this plaintiff had suffered trouble
aud dssrace for number Of months until be had been
made TO the purpose of the defendant the defcnd-
ant then by cu,lus wh the Dist lctAt Orn caused
moion Of noue broseqd being advised BY his counsel
that such a motion would prevent Mr. Mouon from
malicious pris-cution. The Court knew perfectly we'll
that slice cDud ho Dt oDhNcd TOT @'s 'ps"" d" S
other way than by the present action. and II the
privilege of The Court establish precedent fJr similar
cases In the riiure. Mr. Mouton might mdct the de-
fen IAN, tor PERJURY but action would bo
not redress.
TlIg CLOSING WORDS or Mr.. ABBOTT.
~ the 81 Gen. BItirr's address n1nv per
son l. n the room. Mr. ABBOTT then closed tie argument
with so speech IN which he denied that tie dc.rnd-
ant hal caused tic entry ~ NOTE r0scqui for the Dis
.uI he GDurt had ttkcn the
sib Its, and he further declared that taC-ease was not
one on which 10 establish any precedent bu, one b.
br H. oided by already existing laws. H. also pointed out
TO the Court many ~ the citations mlds by the
uuscl for the plaintiff did not sp2y directly to tie
ease
The rnpcrs each side were then handed to Ju1gr
Dykman It is not yet known when his decision VIII be
rendered.