The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-11
MAR YLAND.
The Suits Against Butler in the Superior
Court at BaltiupOre-Argument Of Caleb
Cushing.

The Suits Against Butler in the Superior
Court ut Acknowledgement Of Caleb
Cushing.
BALTIMORE, Oct. 10, 1858.
Considerable excitement was created here to-day
over the "Butler trial." 1t is Familiarity termed,
resulting from two suits, civil" in their character,
brought by Kimberly Brothers for the recovery OF
certain property seized by General Butler Fortress
Monroe; and another by Charles wooey for the
seizure Of certain dispatches In Washington. Gen
eral Butler, it will be remembered was served with
process, and was temporarily detained, but was
released, the case being thrown into the courts
Below may be found synopsis OF the proceedings
In the cases had to-day
The cases were argued before the superior Court
on motion to vacate the service Of the notice OF the
tendency OF the suits. Messrs. Caleb Cushing and
William schley appeared for General Butler, ana
Messrs. r. J. Brent. X. 7. Merrick and William Meade
Addison for Mr. Wooley. The opening was marked
by the sharpest legal play. Mr.. Brent commended
he demurred, thereon claiming the right to open
and close. Mr.. Schley insisted that the motion as
such gave to Buffers counsel the right OF commenc.
ing and concluding. Various authorities were cited
as TO this point OF practice. Judge DObbin decided
the practice OF Maryland to be az laid down by
Evans practice, and supported the argument OF Mr..
Schley.
Mr.. Gushing read the petition upon which the mo-
ton was raised setting forth the facts Of the service
OF the writ and the circumstances surrounding 1t.
He alluded to the fact OF General Buffers election to
the Congress Of the United States from Massachu-
settS, anu " ~ WHle SpeeOlIy seeking us NOME I-
mediately after the adjournment Of Congress he
was served with the notice OF the suit, In
violation Of his privileges as q member OF
Congress. He held, therefore, that the pro-
cess is nulty. Mr.. Cushing proceeded with his
argument upon this point, erecting q very able
forensic speech, lasting some three hours. He was
followed by Mr. Merrck very closely in the OppO-
site line Of argument. The arguments Of both gen.
tlemen were very exhaustive Their investigation
into the whole subject OF personal privilege and the
privileges OF members OF the English Parliament
and OF legislative and judicial officers generally
ceived the most thorough discussion One marked
feature Of the occasion was the absence OF any au-
sions, such as were expected by the vast audience
assembled In connection with the scenes in which
General Butler and Charles w. Wo0lley have figured.
MI. Cushing's argument was regarded by the assem-
bled legal minds Of Baltimore as one OF the most dig
nied Efforts in connection with all the circumstances
OF the case that could be made IN this country The
urbane and dignifed manner In which he referred to
possible openings for illusions that should be very
foreign from judicial tribunal, was most cOnsum-
mate effort Of the finished orator Mr. Merrick IN
castle vein, touching upon the exemption OF public
officers from arrest suggested that the counsel for
General Butler should go little further and claim
their exemption from all Productions OF character,
although, said he I'm this case the member prOba
bly, does not need such privilege" Beyond this
acr1d sentence the proceedings were marked by the
utmost decOrum. The court room presented an
array Of legal and judicial ability seldom brought
together on one occasion.
From the pressure Of business upon the Superior
Court the case was continued until Saturday next,
when the concluding arguments Will be made by
Messrs. Brent, Schley and Addison. The speech OF
Schey with the full lights OF the efforts OF MesSrs.
Merrick and Gushing before him, Is looked forward
to with great interest. The interest manifested in
the result OF the case Is most intense W0oey and
Kimberly d Bros, the compliments in the case,
are all claimed as Baltlmoreans. The court room
was densely crowded and the court house building
surrounded by an anxious crowd, the "returued
rebel" community forming, perhaps, the major part.