The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-07
THE RROOKLYN SCANDAL.
A Condition n Affairs that Renders the Trial
ef the Moulton suit Inevitable.

When Messrs. Shearman and Tracy, oil
Mr.. Beech er's counsel, heard Of the decision oil
the General Term Of the Supreme Court, revers-
ing the judgment entered on Judge Dykman'a
order sustaining the demurrer to MIR. Moulton's
complaint IN his SUIT against tho Rev. Henry
Ward Beecber, they said, without hesitation'
"Of course, wen appeal" A reporter having
learned that there was some doubt about the
possibility OF an appeal, yesterday questioned
Gen. Roger A. Pryor relative to It. Gen. Pryor
said
"There can be no appeal from the decision II
the General Term until Judgment Is entered.
Ing the Judgment and allowing DEFENDANT
twenty days To answer will be entered; there
upon defendants counsel viii have the Aterna
tive either TO answer or to suffer default. III au
answer be interpOsed, then the cause viii be put
unon the calendar and be tried In the "a; u no
will be equivalent to u confession OF the facts
charged In the complaint aud nothing VIII re-
main but to assess plaintiffs damages before n
SheriG's jury. when there has been either a
verdict on trial or an assessment Of damages,
then Judgment will be entered, and upon .pp .i
case 10 the Court of Appeals. There can be no
decision by the Court OF Appeals OF the aues-
ton raised bv the demurrer until after TRIAL or
default by defendant. II may be that defendani
will suffer default, In which event, " the Court
Of Appeals decide the point In favor OF tine
plaintiff, the judgment entered on the detault
viii stand; white, on tho other hand, n tue
point be decided In favor IT the defendant
there will DO reversal OF the General Term de-
faults can there be trial OF the merits OF
the case; Unless the defendant means %
admit all the allegations OF the complaint
and allow judgment as by confession, he will
answer within twenty DAYS. The cause VIII
viii be reached no S'a tried IN Inc ~. fall. '"'
us there no way, II defendant desires u, ~
which he may escape the trial of the meritsr p
"Y,s. As / have already Indicated. he ma,
decline to answer, and let judgment go against
mo YOU suppose that this VIII he done2"
p" Hardly, for the reason thar default II a con
feesion, end confession which no decision OF
cision will only touch the law, ana not the fact'
You .Sen consider a trial of the case in
II do, and at an early day"
win trial OF this action involve the ques
ton OF xr. Beeoher's guilt, and open way fo
nll the testimony relative to it?'
/" Yes. The issue here Is sharply and soiel,
whether the defendant ne guilty OF the adulter,
charged. and all possible evidence bearing upor
that issue will De admissible"
viii Mrs. Moulton and Mrs. Iilton be com.
petent witnessesf"
" hey WILL"
"wiil the trial be lonr?"
at will not. for the reason that in the trial o
giltun against lieecher, Mr. liton's characte
was In ISSUE, and to that point at lesst two
thirds Of the testimony was directed. Here The
only issue IA the truth or untruth OF he charg,
against Mr.. Beecher, and that can be tried In
fortnight. We propose, with the aid of the
court, to exclude from the Jury every irrele
want consideration. / do not see how, with
good judge. the trial can last longer than two o.
three weeks"
when Gen. Pryor appealed from Judge Dyk
mans decision he consented that bfr Shearmar
should enter judgment against the plaintiff tina
the appeal might be taken from tue judgmen
and not from the order, 80 that tn,
case could 10 without complication .,
decision reverses the judgment it leaves moth
ing subst ntial to base an appeal on. and as
demurrer cannot he carried to the Court Of Ap
pealE, Mr. Shearm ans ground Is cut from undei
him.