Year: 1874

A~~~~~~~A


New YORK, Aug. 3.-The Third Dis
trict Court room at Brooklyn was
again crowded this morning by those
anxious to observe the changing phases
of the Beecher-Tilton scandal. When
the ordinary routine business of the
court had been disposed of, Justice
Riley called the libel case of Gaynor VS..
Tilton, instituted last week, and read
the following decision:


Il entered the complaint in this case
and issued warrant against the de-
fendant, believing it to be my duty to
do so. I had no knowledge Of the COM
plainant or his position in the matter.
The defendant was arrested on that
warrant and appeared before me per-
sonally and by counsel, and the COM
plainant also appeared at the same
time, when it was admitted by COM
plainant, and thus made known to me
for the first time, that the complaint
was not made with the
knowledge or consent of
person alleged to have been libelled.
Now while it is true that libel is pub
lie offense, it is also true that it is such
an ofense because Of the private injury
it inaicts upon the individual hbelled.
Complaints of this kind usually origi-
nate with the person assailed, although
it is not always absolutely essential that
this should be so; and many cases
occur where third persons may interfere
without incurring odium or censure of
any kind. AS the public offense
however, consists in the injury done or
threatened to the Individual, it is hard
ly consistent with legal principles to
assume crime from conversation or
publication, however virulent, when
the person therein mentioned, who is
generally supposed to be the best judge
Of what affects his own reputation, de-
clines or omits to prosecute therefor.
The person mentioned in the publica-
ton complained of is citizen of
Brooklyn, to whom the courts are
as accessible as to the complainant
in. this case. He has not seen fit to
make any complaint and does not unite
in this prosecution. have concluded,
at this stage Of the case, that it is my
duty to dismiss the complaint, not be-
cause the complainant did not have a
right to make it, but because the per-
son alleged to have been ibelled does
not now unite in this prosecution. But,
as may be wrong in my view of the
law, I will incur no risk Of error in the
matter. shall not therefore dismiss it
now but give notice that T will do so
Wednesday morning next at 10 o'clock,
to which time this case stands adjourn
ed. My object in to this postponing
the final decision is to afford the COM
plainant an opportunity to apply to the
Supreme Court for writ of mandamus
to compel me to proceed, if l err in re-
fusing. In this event shall cheerfully
perform whatever may be regarded as
my duty in the premises. Otherwise I
shall terminate the case as I have al
ready stated.


When Justice Riley had finished
reading his decision Mr.. Gaynor said :
"Does your honor hold that under the
law have no right to this complaints


Judge Riley replied that inasmuch as
he was not appointed by the party IL
belled, he had prepared this decision
and would dismiss the complaint, We'd
nesday next, if no other steps were
taken by the complainant.


The Count Joannes rose here to
speak, but Ex-Judge Morris, counsel
for Tilton, objected to the court hear.
ing anything he had to say. The court
agreed with the counsel and the case
was finally adjourned to Wednesday.