Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-09-25
The Libel Suit. A.ain., General Bu,l.r.

The Libel Suits Against General Butler.
Ia the Superior Court. in the case against
General b. r. Butler, brought by Kimberly
Brothers, in which the damages are laid a,
S26,O0, (heretofore reported,) the counsel for
defendant, Hon. Caleb Cushing and William
Schley, Esq, have filed the following petitiou:
"To the Hon. George w. Dobbin, Judge of
the superior Cour. of Baltimore City: The ps-
nh On OF Benjamin f. Butler, a citizen of Ma.
sachusetts, respectfully represents to your
honor that on the evening OF the 21th of July
last while he was seated in one of the cars Of
the through train from Washington city TO New
York. Immediately after the arrival of the train
IN the city Of Baltimore, and before il had left
LOT Philadelphia, he was summoned 10 appear
IN this honorable court on this day, (the second
Monday of September instantly 10 answer the
writ OF Edward Kimberly and VIM. A. Kim.
berly, and al the same time a copy of a declar.
alton was served upon him, with a notice
thereto attached, that on the day of the appear
anee OF your petitioner to said action. a rule
would be laid on him requiring him to plead
TO said declaration within fifteen days thereaf.
ter 4"
The petition then recites, at length, the &C.
tlon OF the sheriff, and his return TO the writ
and states that the petitioner was elected mem
Der OF Congress from Massachusetts, and took
the oath prescribed, and that he was on his re-
urn 10 his home, from his congressional du-
ties on the day Of its adjournment, when the
writ was served upon him, &c1 The petition
then continues as follows:
Your petitioner respectfully suggests that
as member OF Congress returning from the
se.t OF government to his home, in the manner
Aforesaid, he was not liable TO be summoned,
ana 10 be served with said copy of said decla-
ration, as AFORESAID, and he is advised by coun.
sci acquainted with the laws of MARYLAND and
the rules and practice of this honorable court,
that the exigency of such services, and the
practical coercive effect thereof, are substan.
tally the same as If the Legislature Of Mary.
land had not abolished the writ of cdYytas al
respondendu (and which, under the laws of
Maryland, then existing, when the cons titu-
ton OF the United States was ratified by the
several State7, was the appropriate original
process in an action of this character y and had
not directed thai, instead Of the caDias nd re.
spomdendnm, form erly used, q writ of summons
should be the process in all civil suits or ac-
tions at law to compel the appearance of the
defendants.
"And your petitioner files herewith as part
OF this petition, certificate, under seal Of the
clerk OF the House of Representatives, in yeri.
ncatlon OF the several matters specified in said
certi1cate; and he is prepared aver, maintain
and prove every matter of fact stated In this
petition by competent legal testimony, in case
tne same shall be denied or shall not be admit
ted TO be true, as stated, Wherefore your DC.
ntioner prays that the service Of said summons
and the service Of said copy OF said declaration
may DE declared TO be Illegal inofficious, and
nnllitl's IN law: and that the aforesaid return
OF SAID sheriff may be set aside, vacated, and
quashed and that your petitioner way be heard
without day"
A similar petition was filed on the 18th inst.
IN the case of Charles W. Woolley against Cen
Butler, heretofore reported, in which the dam
called for trial at the January term.-Boltimore