Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1891-03-05
STORIES OF BEN BUTLER.
-C'ILIARlTIES OF THE FA-
NOUS LAWYER.
f.s "eiI.En0w- Reputation for Learning. WIZ.
Audacity and Genius Needs No Confirm.
tion-A Hard Worker All His
L.fe-A Tlreless Lawyer.

his fellow members of the Boston bar.
says the Advertiser Since the gen.
erals announcement in the United .
States District court that the johnson
case would be probably the last
criminal cause that he should ever
try. the legal fraternity has irdulged
in many "reminiscences OF their dis
tinguished fellow members long and
in many respects remarkable legal
career Gen. Butler was twenty-five
years OF age when he was admitted to
the bar in 1910. AS law student he
had been a hard worker as we'll as a
quick scholar, and his memory and
application were equally great. before
his admission to the bar he had
practiced Il little in the police court at
Lowell, conducting suits brought by
factory girls az ainst mill corporations
for wages withheld on one pretense or
another, and glad enough to earn an
occasional fee of -.
Lawyer Butler entered into partner
ship with his preceptor. William
Smith, father Of II. I. Durant. 1t was
not long before he acquired Il large
practice. One OF his earliest cases
was most important one. 1t was an
action against the city of Lowell for
damages claimed for injuries received
by falling Into cellarway which
opened upon the sidewalk The young
lawyer won his case, and the city paid
$4,000 damages. the principle that
cities are liable for such defects being
then established. In another early
case, the audacity which has always
distinguished Gen. Butler in court was
displayed most effectively. The case
being called in court, the young law
yer said in the usual way: "Let notice
be given"
.'In what paper??" was the inquiry
OF the gray-haircd clerk OF the court,
"a stanch Wing.
"In the Lowell Advertiser" said
the young Democratic.lawyer. naming
a jackson paper.
Il don't know such a paper" said
the Wing clerk disdainfuIly.
Don't interrupt the court proceed
ings, Mr. clerk said the lawyer, 'for
if you begin to tell us what you don't
know there will be no time for any
thing else
In 1913 Gen. Butler was counsel in
case concerning the taking Of Lake
Cochituate water. He was the coun-
sci of mill owners. The city OF Boston
had constructed at great expense vari-
GUS reservoirs to supply as compensa-
ton to the mill owners an amount of
waite" equal to the amount taken from
them. Gen. Butler objected before
the court that, having taken the water,
the city could not compensate in that
way. This position was sustained,
and the city later sold its ccstly reser-
voirs. in another case in which a
person was indicted for stealing key
to a house. Gen. Butler argued that a
key could not be a subject OF larceny.
being part of the realty, and the pris-
Oner was discharged.
During his long practice Gen. Butler
has been associated with or opposed
to such men rs Webster Choate,
Fletcher, Everett, Cushing. Curtiss.
Rantoul and Abbott. There we're two
cases, differing widely IN character,
however, in which Gen. Butler was
opposed to Rufus Choate. One was Il
suit for damages instituted on the part
OF the crew against a captain who had
neglected to supply his ship with
antidotes for the scurvy. Gen. Butler
conducted the cause OF the sailors. and
Mr.. Ckoate defended the captain. The
trial lasted nineteen days. Gen.
Buffers chief points were that the
captain was bound to procure fresh
vegetables If he could; and that he
could. A most remarkable amount o!
evidence was submitted by the sailors
counsel. Before the trial was over
almost every leading physician in
Boston. and nearly every sea captain
and ship owner had appeared on the
witness stand. In spite OF Mr. Choate's
skill and eloquence the jury gave
damages OF %, OOO.
Another case in which Gen. Butler
met Mr.. Choate is proverbial. The
former devoted large share OF his
argument to warning the jury to be-
ware OF the magic spell OF Choate's elo'
.quence. which caused men to lose
their reason and become incapable o.
judging between right I; I'd wrong and
to award their verdict as tribute tt
oratory rather than as just decision
The effective warning caused Choate's
eloquence to seem the chief issue i,
the case. Consequently the great ora
tor dared not exercise it. aud bepa,
his argument by saying: my speed
shall be the speech OF a plain oil,
man." But Choate was not Choate i,