Year: 1874


They invited them to q trial on the indictment
now before this Jury; and although they
the last summing up TO the jury, and although
we Snis vs CLIENT appeared az fnere charged with
vlted the contest and challenge the other side TO
the issue. Why not 90 on with the trlal OF the in
dictment against their client tMr. nlton) nowf
Iney had been charged with bringing this action
1or mercenary purposes, bat they had no alterna-
tive ont TO bring on the trial as they had done.
BE TRIED ON THE CRIMINAL INDICTMENT AT ONCE
tney were ready 70 discontinue the civil action.
ao, snan TWO months nave elapsed since the IN
oring IL TO trial mad been met win stay or pro-
ceedlngs, Ce, They did not want money; they did
not want verdict OF damages, but they wanted
"a opportunity IN this Court TO vinoicate their
cnent; c; II is . grievous wrong that these delays
WIN Win tae due course OF justice. They would ex-
aSnsy every means IN their power to nave an early
u'sposition OF this asue.


Mr. Tracy submitted that 1t was a matter OF
proiouna regret than In case OF this grave TIM
poroance 20 no motion can be made without giving
40 opportunity TO the counsel ON the other side 70
make harangne TO the public, for that was an
ne .Go couid call the speech Of counsel. As to the
inotiou mdue, u was simple suggestion that
engaged In the case that 1t would be
the beginning OF this case the newspapers were
trying ~ but now the newspapers had turned IL
over to the courts to be tried and they are
to conduct the case In accordance with the rules
OF law and the rules OF evidence. MIR. Tracy did
anything against his case. as he is Responsible 70
higher authority and to himself Tor the institu-
tlon OF this suit. The charge tnat there has been
disposition for delay on the part OF this defence
Is gratult0us and unf0unded. When this case was
first presented they held that they had the legal
places In which he proposed to charge tnat the
defendant was guilty OF tne offences stated IN the
at tie trial They claimed that it was the right Of
every man, however humble, to know which
points he must be prepared 70 assert his Innocence
OF the charges brought against him. 1t was lnfor-
nation that they could readily have accorded, for
It is to be presumed that he never made these


AWFUL CHARGES AGAINST HIS OWN WIFE


and the mother OF his own children. ana this de-
1endant, without knowing when and where he
proposes to prove that offence was committed.
they asked him to give that wife and the mother
oil his children and the defendant IN this case the
Information OF when and where the offences
charged were committed, that tney might be pre-.
pared to come into Court and establish their inno-
cence. That right had been refused. They then
without being successful. Next they appealed to
the hlgnest Court In the State, and he would ven.
there In manner which has no precsdent in THIS
State. The defendant IS not responsible for the
a delay Gonr The Court Of Appeas had decided that
In compelling the plaintr to furnish the IN
formation sought for. The General Term had
able on Thursday, and 1t Ill became the other
side to accuse them with delay. Not q
fendant. and there never will be- TINS Is a case
nvolvlng greater Issues and striking deeper at
any other case ever Drought into Court Of ins-
nee, and the counsel therefore submitted that the
dignity OF the administration Of JUSTICE the char
acter OF the counsel charged with the great
interests. demands that no steps be taken IN the
proceedings OF tnis case without deliberatiOn and
orderly, eacn party having granted TO him al that
tine law grants and every opportunity to assert
and 10 resist them on the otner As to the point OF
law raised touching the continuance 0l the trial
over the term, the defence would be willing to
stlpulate that the case continue at the discretion
oil the Court


AS TO THE CRIMINAL CASE


he said there seemed to be studied enort to
bring 1t on that the wife and mother so deeply
interested Tor time ana eternity In this case must
have her mouth sealed wnile ner husband and her
accuser can stand forth and accuse his wife and
the mother OF his children II they are so anxious
her Nc voce can be heard n ayor Of her vndlcaon
and the legitimacy OF her onspring anu not TO
press prosecution where her mouth is close.


the desire to give the impression that obstacles
had peen thrown in the way Of the trial by the pros
ecution. The two counsel VINO had spoken Tor the
defence had so expressed themselves. The Court
OF Appeals has lett the disposition OF the motion
counsen would guarantees to give the defence in
thirty minutes che Dill OF par tlcuars, and the ques-
ton as 20 tne order ior stay o. proceedings could
question should not be decided before the
days sun sets Ae would suggest that
with. II had been said that the wife and mother
could not be heard as = witness. 10 that assertion
the defence might have influence sufficient to pre-
vail on the District Attorney to do SO, and they
would give . stipulation that both mother and
daughters shall be witnesses In the case. In order
70 snow their sincerity IN desiring that this trial
p viii cr no 70 nor he
trial into another month. II was absurd Ior the
counsel on the other side to say they would con-
sent TO this trial running over to another term OF
the Court, as lawyer knew iull well that his con-
sent could not give jurisdiction to court wnicn
sent is, therefore, worthless. Let all the blame
belong, therefore, where 1t rightly belongs. Thus
far Il has been postponemens after postponement
sKULKN0 BEHIND THIS TEcHNIcALlrY AND THAI


TRCHNICALTY


every charge that we have made. We have made
none that we cannot prove and substantiate be-
gladly 10 Tns csuse
morality and Christianity demanded It Of them
tnat these charges De made, because they were
true, and. being true tney were ready to and
would substantiate tnem. Would the counsel on
the other SIDE he asked, go now into the other
which Is made returnable on Thursday should
the Court decide against them they would whi-
ingly give them tnat Dill OF particulars for which


Mr. Tracy, IN replying to Mr.. Fullerton said =
this plaintln made these charges under high
sense OF duty TO the public or TO morality it Is to
be deeply regretted that took him four years TO
md out his duty, and only saw 1t clearly when he
interfered with him IN his business arrangements.
He had not accused the counsel for piaintin OF
neer q sdeay TINS and ne mad
never entered any Court where they had not cast
upon the counsel Tor defence. An or
dery motion had been made to the Special Term
because Mr.. Evarts, who they desired TO consult
was absent IN washington, and 1t was the inten-
ton OF that counsel to argue the motion tor bill OF
particulars, as the matter is 10 the discretion OF
the Court. suppose the bill OF particulars il
granted and the plaintiff has 1t here to-day.
heard Of 1t is not to be supposed that they can
rush suddenly on to the trial OF the case without
even time 70 read the particulars charged. They
should have Y reasonable time given them to pre-
pare, and then they would be ready Tor trial.


The case was hnally set down Tor trial at ten
O'Clock on Monday morning next. The panel OF
Jurors was called and sworn.