New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-06-02
MAJoR-GEN BENJAMIN r. BUTLER.

To he Editor Of The N. y Tribune.
Sir: Your correspondent witnessed an interesting
aud amusing scene in the Supreme Court, at Boston, in
the Winter of 1872 in which the pecularires and abil-
ity Of NJ. Bsss-r were most capitay exhibited TIE
occasion was in THE wise: The Court sitting in
Bsnc for tae hearing of the argument of law questions,
Che Chief Justice the late learned Leinue Shaw pre-
siding. With very great ability, the Chief Justice
combined most fcrbJding, Thurowlike aspect, when
on the bench and was the terror Of young practitioners,
from any real severity harshness, but from his
dark Of shaggy bar completely covering his FORE
head and bis piercing eye, which seemed aike almed
at the faacy Of an argument and the temery OF the
luckless wight who should PROFOUND it, -Four other
Judges were on the bench with him, and the bar was
crowded with lawyer listening TO the silver tones Of
Prof Greenleaf who was arguing the intricate points
| Of Boston mill-dam" title
| Suddenly, the door N the rear Of the Courtroom
opened and there stalksd in the formal and pompous
Sheriff of Suffolk two three jail turkeys, guarding
tall and muscular mulatto, bandcufed-aDd bringing
up The rear with his head and chest thrown back eyes
directed anywhere and nowhere ard a roll and swing
of the most uufincbng effrontery, redoubt-
able BIS BUTLER The party moved slowly
around the crowded asssblage inside the bar and en-
terng side entrance, took position Immediately in
front Of the Chief Justice. it was a scene for Ho-
ga tn, and is understandable. The solemn wonder of
the lawyeTs-the Lowering brow Of the Chief Justice
the fassy movements among the court o6iCers-the
fearful looks and pardcolored garb Of the prisoner
but above ALL tie sublime impudence Of Butler, who
evidently was generating the whole performance, was
picture TO be seen and copied
The death-like silence Of the Courtroom was broken
by the Chief Justice with a clap Of thunder " Mr.
Butler Mr. Butler What means this unseemly in
trusion r.
Batlsr-(with calm but defiant air)-" II is 40 in.
trusion, Mr. Chief Justice have poor client here
brought before your Honors upon return TO writ of
habeas corpus. have waited four days to suit the
convenience Of the counsel rater case, at the sug
gestion of one of your HonOrs, but l can wait no
longer!'
Chef JRstiee-"What motion have YOU to make,
Gr. Butler this is time to hear your petition; make
your motion and retire."
Butler" Ny first motion, SIR, is that those hand
cuffs be taken of from my clients hands
chit Jastice-(who waited to vent his wrath on
somebody" Mr.. Sheriff why have you brought
prisoner into this Court handcuhed Instantly, let
those irons be removed"
The Sheriff with great trepidaton unlocked his irons,
and Butler again addressed the Court.
Now, your Honor, ask that the petition and re-
turn be read =
Ch,ef Justice getting wrathy again. for Buffers
ner, was new and unprecedented in that Court-they
got used 10 il afterwards
Mr.. Butler, this il very remarkable conduct, are
you not aware that we are in the midst Of the argu
ment Of an important case I"
Tie young attorney from Lowell wa in nowise in
tiuicated but he rose gr1ndly to the occasion. lie
stated slowy aud deliberately his clients case that he
was in prison upon a false and unfouDded charge under
a warrant issued without jurisdiction and in contempt
Of the ordinary forms and process of law. That he
claimed the right to be heard al once-without one
moments delay. And then raising bis voice, he in
few but stirring words, rehearsed the sacred regard
for personal Liberty in the old Bay Sate-the revered
character Of tie writ under which bic client had been
brought before the Court, and his own professional
oath which would not permit him to leave his present
place before the Supreme Court of Massachusetts"
till he cllents case was heard and decided.
His harsh but eloquent words told upon the Court,
the Bar and the crowded auditory which had gathered
in from "Parkers" and "The Trem nt,' to whom
the news had been communicated, tha, " Ben Butler
was having a fight with Chief Justice Shaw" The
"Ch,f" smoothed his knotted forehead as the
gand old words Of the Massachusetts Bill Of Rights
were read and leaned forward to catch every syllable
Butler closed somewhat IN this fashion
No man in Massachusetts, thank God can be de-
prved of his personal liberty, except under the sub
stance as well the forms Of law; but ignorant
Lowell magistrate has fit in this TO repeal
our Bill Of Rights Every citizen ought to obtain
right and justice freely and without being obliged to
purchase it, completely and without any denials,
PRoMPLY And WITHOUT ANY DELAY, and such, your
Honor IL the very language Of the glorious Constitu
ton Of Massachusetts ask in the name of that Con-
stiuion that my client be heard ay, demand it
right"
A buzz Of applause wen. round the Courtroom, when
Butler closed and folding his his chest he
looked az nearly lie look anywhere at the Chief
Justice.
And although but few Of the Boston lawyers present
then knew him; and those of his own Circuit, who
were present. had sbrewd suspicion that " Ben's"
client guilty fellow who was probably about
to escape by one of the young Attorneys flaws
still the water case was al adjourned, aud Butler
" had the floor"
1t almost his frat appearance in that Court, but
he was often seen there afterward, when tough
was TO be tried, or a rich Corporation to be pun
melted "OSE VINO WAS THERE"
Neu. York, May 90 1861.