The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-08-30

Beast Butler2'' At this Butler pricked
up his ears and glanced around. l ought
to have said that the senator, in speak
ing, was facing one of the whispering
arches, while the general was at the
other end, and could dis tinctly hear every
word that was uttered. I assured MIR.
Davis il was in very truth the Butler who
had been denomlnated the beast.
THE IRATE KENTUCKIAN.
He at once arose from his chair and
asked for his hat Knowing the peculiar
construction of the room, and that Butler
was cognizant of all that was said, was
anxious to carry the conversation little
further, and I said to him:
Senator, you have listened to one side
Of the case, Will you not remain and hear
the general ON the other"
1 will never forget the tone in which
he replied: Stay to hear that old spoon
theft No, sir No, sir! You are an
officer of the court, and have to stay, but,
sir, I can go, and will go"
was watching Butler, and the look of
amusement on his countenance was al
most too much for me, and l had to retire
/ to another room TO give vent TO my laugh
ter. At the conclusion of his speech
I the general came over TO where | was
standing, and for some little time lOked
about the action of the irrascible Ken
tuckian.
All the speeches made during the hear
ing of the cause were worthy of the i'm
portant questions involved, and of the
court before which the argument was
made. MIR. Stanberry closed for the gov
| eminent. A good part of his argument
went to the point of want of jurisdiction
of the court claiming that as far as the
court had any judicial knowledge, the
applicants were no longer in esse, and if
that was so, they could not sue for a writ
. / He claimed that nnlpCC fha records
| showed TO the contrary, every court was
! bound to presume that the orders of
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
afterward granted an eXtention of time
! to another fixed day; that it had been
stated in argument the men were con-
fined in the penitentiary, but the record
before the court did not disclose that
their sentence had been committed, or an
other respite given, and as the day fixed
for their execution had long since passed,
and nothing was on record to the contra
ry, the court was bound to presume they
had been duly executed according to the
order. Mr. Stanberry was a great snuff
taker and a box of that titillatiug COM
pound was kept for his use and that of
others of like habits on the desk of the
crier.
THE MEN WERE RELEASED.
AT the conclusion of his speech he came
over 20 the desk for his accustomed
pinch" l referred to the line of his ar
gument, mentioned above, and asked him
if he really thought it was sound. He
laughed merry laugh, and said the court
would not hold with him, but it would
J s., 1,
great sticklerS for the rights of courts,
and ne 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 carried 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 was the oldest justice
both in years and length of service. He
was appointed to the bench by Andrew
Jackson, and remained loyal when his
state (Georgia) seeded. He was typi-
cal southern gentleman, of the old school,
D extremely touchy, yet with that high
bred courtesy so pleasant TO meet with
in daily life. | remember being sent to
his house late one night by the chief JUS
tice. found quite company there when
l arrived. On ringing the bell the door
, was opened by the servant, but the
daughter of the justice happened to be in
the hall She recognized me and came
forward at once. l told her I desired to
see the justice, and she ordered the ser
want TO show me at once 10 the library,
which was at the head of the stairs.
THE JUDGE WAS TEsTY.
The servant raped at the door and on
being told to enter, opened the door and
began to announce me. The justice did
not wait for him to finish, but as soon as
he discovered that it was a visitor, spoke
sharply to the servant, and said:
james, how many times have l told
you must not be interrupted when in my
study by visitors?"
AS the servant was not to blame, I
stepped forward and remarked that his
daughter had told me to come right up
without sending my card. The justice
recognized me. and at once arose and came
forward With courtly bend he ex-
tended his hand, and at once apoiogized.
saying that, being an officer of the court,
his daughter did perfectly right in send.
ing me at once to him. The next day
met him at the courtroom, and he again
expressed his regret for his hasty words
to his servant, and said that he had al
ways been testy, and believed he was
growing more SO with advancing age, but
a gentleman was almost iuexcusable for
speaking testify to a servant unless the
provocation was very great He said that
as he advanced in age he found he had to
give more hours 10 his work and inter-
| ruptions caused him much more trouble
than they did when he was younger Jus
tice Wayne was one of the hardest work
| ing men on the bench. Not that he did
more than the others, for l then often
thought that the chief justice tried to
tighten bis burdens as much as he could,
but because his age required a longer
time to accomplish his work. He several
times told me that he often remained in
his library until 2 and o'clock in the
morning. If l remember right, he also
said his daughter helped him greatly by
looking up authorities for him, and often
times by acting as his amanuensis in pre-
pairing his opinions.
CHARACTERISTICS OF THE JUDGE.
Justice Grier was also getting along in
years at that time, and on warm days,
! and when the argument was more than
ordinarily prosy, would sometimes indulge
in quiet nap in his chair. He and Jus
tice Wayne were peculiarly sensitive to
the cold, while Justice Clifford, on the
other, hand, was always oppressed by