Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-11

N$HfVI tors were Garrett
Davis. then a Sena-
tor from Kentucky, and Gen. Ben Butler
1t was during the trial of the famous trea-
son cases from Indiana. 1t will be remem-
bered that the Sons of Liberty" some
times known as the knights of the Golden
Circle" were very strong in the hocsier
state during the war. In 1864 it was dis
covered as alleged, that plot had bee
formed to assassinate Gov. Merton, seize
UPON the state government release the con-
federate prisoners confined in Camp Morton
arm them with guns taken from the ar
Scnal, and cast the fortunes OF the staff
with those OF the confederaey. Several
citizens were arrested for participation IN
the plot, ard some of these were tried on 2
charge OF treason before a military court
At Indianapolis, and three were condemned
to death. The date OF their execution hal
been fixed, but Mr. Lincoln, a few days be-
fore his death, granted a respite. Before
the arrival Of the new date for the execu-
ton, at the solicitation OF Gov. Morton
President Johnson committed their sen
tence to life Imprisonment in the peniten-
tiary at Columbus, Ohio. The prisoners
finally asked for a writ of habeas corpus
and their final discharge on the ground that
Indiana was not In rebellion, nor at the
time Invaded by an armed enemy, and
private citizens could not legally be trie i
before a military court for any offense
The writ was refused by the court below
and the case came to the Supreme Court
on appeal. .-... -.
In the supreme Court.
There was a great array of legal talent
on both sides. The government was rep
resented Attorney General Speed, Gen
Ben. Butler and Henry NJ. Stanberry after
ward Attorney General For the applicants
appeared JOS. +. Mcdonald of Indiana, Gen.
Garfield. David Dudley Field and Jere
Black. Garfisld was q volunteer attorney
and II was his first appearance before the
Supreme Court. The case excited great
attention, not only because Of the array of
great lawyers who were to take part I'm
the argument, but on account of the prln-
ciples involved and during the progress Of
the argument the court loom was crowded
to its utmost capacity. l do not remember
the exact order in which the argument was
made, but think Attorney General Speed
had spoken for the government, and Nc
Donald, Garfield and Black for the pris-
oners, when the incident to which / refer
red occurred. Among the visitors t. the
court room that morning were ex-Gov
sharkey of Mississippi and Senator Davis
of Kentucky. The chairs Were all fun
when they entered and recognizing them |
went to them and gave them seats at the
desk usually occupied by the crier. | was
at the time an officer of the court. Either
Garfield Black was speaking when they
came in, and they paid the closest atten-
ton to the argument.
Butler was the next to follow for the
government, ana as re arose on the ODDO-
site side OF the room from the governor and
Senator. and began arranging his notes the
Senator turned to me and asked: NV no Is
that?" l replied by informing him 1t was
Gen. Butler. 1t seemed to both astonish
and irritate the distinguished kentuckian,
and in a rasping voice, very different from
the courteous tones he generally used in
speaking to airy one. he said: What. is that
old Beast ButlerP" At this Butler pricked
Up his ears and glanced around / ought
to have said that the Ser ator. in speaking.
was facing one of the whispering arches,
while the general was at the other end. and
could distinctly hear every word that was
uttered. l assured Mr.. Davis 1t was in very
truth the Butler who had been denominated
the beast.
The Irate Kentuckfan.
He at once arose from his chair and asked
for his hat. Knowing the peculiar con-
struction of the room. and that Butler was
cognizant of all that was said. was anx-
ious to carry the conversation a little fur
Their. and l said to him:
Senator. you have listened to enc side of
the case. will yol. not remain and hear the
general on the other:
/ will never forget the tone in which, he
leplied: Stay 10 hear that old spoon thief?
No. sir! No. sir! You are officer of the
court, and have to stay, but, sir, can so,
and will co.
1 was watching Butler, and the look of
amusement on his countenance was almost
too much for me, and / had to retire to
another room to give vent to my laughter.
At the conclusion of his speech the general
came over to where was standing. and for
some little time joked about the action OF
the irascible kertUckian.
All the speeches made during the hearing
of the cause Were worthy OF the important
questions involved, and eff the court before
which the argument was made. Mr.. Stan
berry closed for the government. A good
part of his argument went to the point Of
want of jurisdiction Of the court, claiming
20, hr,l I'll
knowledge, the applicants were no longer in
esse and if that was so. they could not sue
for writ He claimed that unless the
records showed to the contrary, every court
was bound to presume that the orders CT
every other court had been duly carried out;
that the record disclosed that the three men
had been condemned to death at a certain
time; that the sentence had been approved
by the President and the order for Its eXecu-
ton issued, but that the President had af-
terward granted an extension of time to
another fixed day; that it had been stated
in argument the men were confined in the
penite ltiary, but the record before the court
did not disclose that their sentence had
been committed, or another respite given
and as the day fixed for their execution had
long since passed, and nothing was on rec
presume they mad been duly executed ac-
cording to the order. Mr.. Stanberry was a
great snuff taker and a box of that titiilat-
ing compound was kept for his use and that
of others of like he bits on the desk Of the
crer.
The Men Were Released.
At the conclusion of his speech he came
over to the desk for his accustomed pinch"
l referred to the line of his argument men,
toned above and asked him If he really
thought it was sound. He laughed a merry
laugh, and said the court would not hold
with him, but it would puzzle them for
some time, as they were great sticklers for
the rights of courts, and he had stated the
law correctly when he said the court was
bound to presume the orders of another
court, duly entered of record, had been car
ried out, unless there was something in
the record to show to the contrary. The
court did not hold with him, but granted
the writ and the three men were released.
The Supreme Court then consisted of
Chief Justice Chase, and Justices Wayne,
Nelson, Clifford. Grier, Swayne, Miller,
Davis and Field Justice Field is now the
only living member of that court. Mr..
Wayne the oldest justice both in years
and in length of service. He was appointed
to the bench by Andrew Jackson, and re-
manned loyal when his state, Georgia, Sc
coded. He was typical southern gentle
man, of the old school, extremely touchy,
with that high hired cOilrtaSv an DIaa ca nt