Year: 1875

DISTRICT ATTORNEY BRITToN REQUESTS DIS


CONTINUANCE OF THE CRIMINAL SUITS


AGAINST MoULToN AND TILroN-rHE REA-


SONS FULLY EXPLAINED.


Yesterday morning quictus given TO certain
anticipated sensational points at issue connection
with the great scandal Of tho period District Attorney
Britton, of Kings county, appeared in Part OF the
Brooklyn City Court before Judge Nelson and entered
noc prosequi in tho criminal suit against Francis D.
Mouton and Theodore Titon. Mr. Britton In so doing
sad-


II please the Court it has been the practice while
performing the duties OF District Attorney of this
county, Whenever there an indictment pending the
trial of which would for any most surely not
suit in conviction in any public benefit to move
nollc in the This practice is founded upon prin
ciple which I believe to be manifestly just and
without exception in its application Tho facts
invoking IL being clearly established, whether
the accused desires to be tried or not or
whether the desires that he should be tried
have no legitimate influence upon District Atto~-
ney representing not individual interests but those OF
the people They, the accused and accuser, may only
be considered in enabling the District Attorney to
rive at just conclusion TO his duty in the premises
Prompted exclusively by these sentiments move that
noe prosequ be entered in the case OF The People
against Moulton, which is indictment for alleged
libel upon the Rev. Henry Ward Becchor. 1t is just
TO the accused that should say to this Court that


HE HAS DEMANDED A TRIAL


from me In this case, and has founded such demand
upon alleged injustice TO be done him by the people
should they, after ndicng hun, decline to proceed to
trial whereby he might be enabled TO vIndicate him
self from the charge IL Is the duty of the District
Attorney, understand it. 10 prosecute those whom
the interest of the people demand should be prose-
cuted for the punishment of crime through convic-
ton, and accordingly any demand for trial,
the theory claimed by the accused, would be entirely
demoralizing to the administration of justice
far relates to the Office Of District Attorney. Any
person deeming himself unjustly charged in indct
mcnt IL seems 10 me- must find his reparation from tho
people, in the voluntary motion by tho proper officer rep
resentng hem and in the action OF tho Court thereon
In causing entry upon the record in the case there
by furnishing permanent evidence Of the abandonment
by them Of the prosecution under the Indictment
This my deliberate Judgment after long and careful
consideration, and present these views the Court
for such action IL may deem proper either in ap-
proval or disapproval thereof"


Judge Nelson SAID that he would grant the motion,
recognizing that the question involved in such
rests largely in the judgment and discretion of the officer
representing the peope that in this particular the
expressed and the proposed TO be pursued
by the District Attorney proper and commend them
selves the judgment of tho Court fair and just
exercise of the discretion vested In him.


Mr.. Britton then made similar motion In "the
of The People against Moultonn for alleged libel
against lady OF this community, and Judge Nelson
also granted nollo In that


nolle then, motion OF Mr.. Britton granted
by tho Court in the of The People against Theodore
Tilton, for alleged libel against Rov. Henry Ward
Beecher