The New York herald., 1876-07-23
OF the same before the Commissioner 10 the end that
thorough trial shall be had thereof
voted Ihat this commission do adjourn, subject
to the call of the Chairman. ~ SHIPMAN

General Benjamin +. Butler and General Roger A.
Pryor, the counsel of, and Mr.. Frank Moulton. the
plaintiff In tho present rather complicated suit
against the Rev. Henry Ward Beecher The Fifth
Avenue Hotel was also the place selected and alter
long conference in regard to the future proceedings
TO be taken against the distinguished defendant the
trio dned together General Pryor going out of town
and Mr.. Frank Mouton accompanying General Butler
10 the Fall River boat at the foot Of Murray street.
Evidently the hotel clerks had been instructed to
bAe the reporters and their answers 10
polite questions were the Of courteous but thu
HERALDs Information to the meeting and It's result
was obtained from higher source and without their
valuable assistance
The facts that Mr.. Moulton and his counsel are
determined oil the overturning of the decision
OF Judge Dykman by Judges Gilbert and Barnard at
Poughkeepsie, to force Nc Beecher by the 3lst OF
July make answer to the plaintiff let his 20
BY default, in which event Mr.. Moulton have his
damages assessed by sheria's jury In either event
would then so to the Court of Appeals, Mr.
Becchcr could not take his appeal there the
overruling OF demurrer; he must wait until judg.
Ii is believed the above the substance OF the
conference between counsel and client yesterday, the
reversal Of Judge Dykman's order sustaining MIR.
Beecher's demurrer being subject of much congratu-
lation between them Judge Barnard, in rendering his
IMPORTANT DECISION,
sad"It was essential to the maintenance OF this
ton that the complaint should aver that the criminal
prosecution alleged 10 have been instituted and prose-
cuted by defendant against the plaintiff had been ter
minated in favor of the plaintiff This averment has
reference TO the merits 1t is rule doubtless based
while the prosecutor complained OF was proceeding to
hna adjudication in the proper court. 1t would be un
seemly to permit an action for malicious prosecution
which might be prese ned for trial before the action
which il was based was tried, and still more unsecmly
to permit tho action after the proper court had deIer
mined the particular prosecution complained Of in favor
of the party who brought the same.
"Aier 1t Is established that the action for malicious
prosecution may be brought the fact OF the termination
OF the prosecution on which the action rests has no
further relevancy The plaintiff must then prove that
the prosecution instituted by the defendant against
the plaintiff without probable cause and maciouslv.
"Ihe prosecution omplaned of In this action as
falsely aud m maciousy made criminal. Tho plain
TN AYERS that the defendant falsely accused him OF
perjury, and that ne made the accusation maciousy.
the criminal charge resulted in an Indictment and the
complaint that tho prosecution thereof has beer
terminated in PLAINTIFFS favor by the entry OF nolls
prosequi, motion of tho District Attorney OF the
county where tho indictment pending and triablc
and with leave Of tho Court that the made
after consulting with defendant and in compliance with
his request think this was n sufficient avcrmcnt OF
the termination Of the criminal charge in favor Of tho
plantiE The District Attorney Of Kings county was
charged with the duty OF the prosecution The deiend-
ant made his complaint with reference to this fact.
Tho District Attorney at the request of the defendant.
the Court for leave to abandon tho prosecution
OF the criminal charge against the plantin, and the
Court granted tho notion and the final order is en-
tered. What is needed further to sustain the aver
that the particular charge on which the action Is
brought ended, and in favor OF the plaintiff He asks
for a trial and the Court and District Attorney with
defendants concurrence, instead Of trial order the
entry of nolle proscqui on tho indictment In other
words tho District Attorney asks leave To abandon
the prosecution aud Court says he may II the
ton complained OF rs malicious had been civil ac.
tion, averment that the plaintiff had asked leave oi
the Court abandon It. and that such leave had beer
granted would have been sufficient. Tbs District At
torney acts Tor the people IN criminal cases, except
that have leave of the Court to enter nolls
prosequ Where this leave is obtained and the order
is entered it is record promise by the people that the
indictment will be no further prosecuted
81 think the judgment at Special Term should be re
vcrscd and the demurrer ovcrrulcd with costs "
1t will thus be seen what an important bearing on
the future OF this cause cebre the above decision ha
the final of Mr.. Bccehers counsel Will prob
ably not be known until July 81, as above indicated.
1T is A SERIOUS ANNOYANCE WHEN ONE RE
sorts TO the seaside or spato have ones az
cnticc by intensely hot weather the sun and wind
HA DYE 90
ATTENTION DISEASES OF MEN DIR JACOBY
na.e Of Prussia has adopted th.. Ssanch Of
Private Office. l6l Bleecker St
APOLLINARIs, QUEEN OF MINERAL WATERS
Most popular European beverage OF the day Used In all
kind Of wine spirits &c i%ror.sd in champagne shaped
ssT ho.s ~'e co. Ns~ Yo
For sale by all wine merchants groccrs and dealers in
mineral waters
A HARD MONEY BASIS BRINGS BREAD RIOTS.
Vote for rreenbacks and plenty and WoLcors PAIN fAsn
A SAD EXPERIENCE.
After years patient toll mother breaks down in
doing domestic upon hard running machine.
n0c be TS.sa by a'ns
entirely novel adaptation OF automatic principles to ma
s,Uf g" Ssw at tie Maney Hail. Col
50, and ut 65s Broadway, New York
A-PERNANENT CURE EFFECTED by THE sILB
EL.src Truss sold only by ELASTIC TRUSS COMPANY.
6s3 Browdway.
BUCHAN's DIsINFECTTNG SOAPS swEErEN
houses destroy veuin aud rid dogs OF heas ~ John st.
CRISTADUROs HAIR DYE ACCOMPLIsHEs ITS
TSa sn .sAd'ds s instantly ''''' wholesale anu retail
CANCER RADICALLY CURED WITHOUT KNIFE,
'A"''' Drs Brown 4 sToDDARD No. West i4sh st.
CANCER CURED WITHOUT THE KNIFE OR
psin, and positively guaranteed. by Professor j. n
EUREKA WHITE SULPHUR SPRING, SARATOGA
and cold sulphur Baths equal any in this
State convenient DISTANCE from hotels address. Tor cir
White sulphur Spring at Lake Saratoga.
ELECTRICITY.-Ir QUIETs THE NERVES,
strengthens the muscles aids digestion refreshss the
mind Call No. West 1ath and witness the speedy
IMPROVED POLITICAL NET BANNERS POR.
'""'''' M r. LEVY 4 Co. 4a5 broadway.
KEEP COOL, AND TAKE COMFORT BY sMOK.
Ing sURBURGs' GOLDEN scErrnE Depot 13i Fulton ST.
POLITICAL. BANNERS, FINE PORTRAITS, FLAGS,
itsa.D'''"'''' losH. &C. w. D. oD'' 100 ''''' ''"
POLITICAL NET BANNERS, FLAGS, PORTRAITS,
'''"''"''"''''' "'' moJER GRAHAM. s7 Duane st.
POLITICAL BANNERS, FLAGS. TRANSPARENT
cps &C. wM p. SHERMAN co. sse Broadway.
RUPTURE.-A PERMANENT CURE BY DR..
ses and and surse" Xppnc. a
,cripon No. vesey st., Astor House, opposite ST. Paus
church.
SODA WATER APPARATUS FOR MAKING ALI.
%erstcd BeverageA JOHN MATTHEW'S LIST av and 25tn
t.. city
SPECIAL SALE MEMS STRAW HATS 90C.
ach former price 81 So 10 New Church st.. up stairs
THE ROD AND GUN HAT, SOLD BY JOHN
DOCGAN. 102 Nassau indispensable to those who
onsder either fishing or hunting ~ necessity.
NEW PUBLICATIONS
-NANCERS.-NEw TREArTcE EXPLAINING THEIR
ful tYeaf fUe int fPaa- nraA 4
)ARD. Nos West I4th st.
\ MATRIMONIAL ADvERrIsER FOR JULY con-
vi tains 81 matrimonial advertisements Price 10 cents
Address ADvERrIshH, Post office box $3.50. New York
NEW AND BRILLIANT MUSIC-"TILDEN AND
Hendricks Grand March," Adams 4Oc. National Re-
orm' campaign Harloe. tOc "Havcs and Wheeler
.rsnd March" strandbcrg. soc Hurrsh for Hayes and