The Providence news. (Providence [R.I.]) 1891-1906, 1893-01-13
Buffers Remarkable Legal skin.

Buffers Remarkable Legal Skin.
General Butler was twenty-five years
OF age when he was admitted to the bar.
AS law student he had been a hard
worker as well as quick scholar, and
his memory and application were equally
great. Before his admission to the bar
he had practiced little in the police
court at Lowell, conducting suits brought
by factory girls against mill corporations
for wages withheld on one pretense OF
another, and glad enough to earn an oc.
casional fee of two dollars.
The advice which this aspiring limb
OF the law gave to the mill girls OF
Lowell on the occasion Of strike was
an incident Of his early legal days
which made him well regarded by the
mill owners. Two or three thousand of
the mill girls assembled in q grove to
discuss their grievances. The young
lawyer accepted an invitation to address
them and gave them sound advice, ad-
mitting the justice of their claims. but
advised them to return to work and
strive either by remonstrance or appeal
to the legislature to secure shorter
hours and better pay. This advice
caused the girls to return to work.
1t would take too long to mention the
notable cases in which General Butler
has been engaged. In the case Of Moore
versus the Commonwealth, reported in
Metcalf, the form Of Indictment which
had been followed for fifty years in Mas
sachusetts was held to be bad upon
writ of error brought by General Butler.
In the case of the Commonwealth versus
Carey, IL Gushing, a murder trial, Gen.
eral Butler saved his client on techni-
cality. Station Agent Haywood, of Lin
coin. who was also a constable, pursued
Carey, whom he had detected purloining
tickets and who had been suspected of
another station rol--y. When about
to be captured Carey turned and shot
Haywood. The court held that Carey
was not guilty of murder when shooting
Haywood for attempting to arrest him
without a warrant.
Another famous case was related TO
the annexation of Charlestown to Bos-
ton. The legislature had passed an act
authorizing the annexation. Both cities
voted to accept the act. Upon advice OF |
General Butler majority of the Charles. |
town aldermen refused TO sign the Ger
tificate Of the vote. The attorney gen.
eral brought petition for writ OF |
to compel them to do this,
and General Buffers point was sustained
by the supreme court in an opinion OF |
Chief Justice Shaw. This helped to de. |
lay the annexation of Charlestown to
Boston by dozen years and more.
In 1s4S General Butler was counsel in
case concerning the taking Of Lake
Cochituate water. He was the counsel
of mill owners. The city of Boston had
at great expense various res
eryoirs to supply as compensation to the
mill owners an amount Of water equal
10 the amount taken from them. Gen
eral Butler objected before the court
hat having taken the water the city
'ould not compensate in that way. This
position was sustained, and the city later
'old its costly reservoirs. In another
'ase, in which a person was indicted for
stealing a key to house, General Butler
established the principle that key could
lot be a subject of larceny, being part
II the realty, and the prisoner was dis
harged.
During his long practice General But
er has been associated with or opposed
o such men as Webster, Choate, Fletch-
r, Everett, Gushing, Curtiss, Rantoul
nd Abbott. There were two well known
ases, differing widely in character, how
yer, In which General Butler was op-
osed to Rufus Choate. One was q suit
or damages instituted on the part of the
rev against captain who had neglect
q to supply his ship with antidotes for
he scurvy.
General Butler conducted the cause Of
he sailors, and Mr.. Choate defended the
aptain. The trial lasted nineteen days.
Feneral Buffers chief points were that
,e captain was bound TO procure fresh
egetables il he could, and Sat he could.
most remarkable amount of evidence
as submitted by the sailors counsel.
efore the trial was over almost every
aiding physician in Boston and nearly ,
7ery sea captain and shipow1er had ap-
Jared on the witness stand.
In spite Of Mr.. Choate's skill and elo-
hence the jury gave damages of $1,000
Another case In which General Butler ,