The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-08-30
A WHISPER HEARD.
1t Passed Along the Arches to the
Ear Of Ben Butler
Amusing In CT dent in Great Case.
Personal characteristics of the
Bench Some Thirty Years Ago.
Anecdotes of the Bar
From dc Washington Star

OA6OhaA "a Lub
Bench Some Thirty Years Ago.
Anecdotes of the Bar.
From the Washington Star
While in the capitol the other day I
overheard one of theguides describing to
party of tourists the whispering
arches" in the supreme court room, and
it recalled to my mind an amusing Incl
dent which occurred in mat room in 1866.
The chief actors were Garrett Davis,
then senator from Kentucky, and Gen.
Ben Butler. 1t was during the trial of
the famous treason cases from Indiana.
1t will be remembered that the Sons of
LIBERTY" sometimes known as the
"Knights of the Golden Circle" were
very strong in the Hoosier state during
the war. In 1864 it was discovered, as
alleged, that plot had been formed to
assassinate Gov. Morton, seize upon the
state government, release the confederate
prisoners confined in Camp Morton, arm
them with guns taken from the ar
senal, and cast the fortunes of the state
with those of the confederacy. Several
citizens We're arrested for participation in
the plot, and some of these were tried on
a charge of treason before a military
court at indianapolis, and three were con-
demned TO death. The date of their exc
cution had been fixed, but Mr.. Lincoln, a
few days before his death, granted re-
spite. Before the arrival of the new date
for the execution, at the solicitation of
Gov. Morton, President johnson com
muned their sentence TO life imprison-
ment IN the peniJentiary at Columbus, o.
The prisoners finally asked for writ of
habeas corpus and their final discharge
on the ground that Indiana was not in re-
belliou, nor at the time invaded by an
armed enemy, and private citizens could
not legally be tried before a military
court for any offense. The writ was re-
fused 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 by Attorney General Speed, Gen.
BENJAMIN Butler and Harry NJ. Stran-
berry, afterward ttorney general. For
the applicants appeared Joseph b. Melon
aid of Indiana, Gen. Garfield, David Dud-
ley + eld and Jere Black Garfield was a
volunteer attorney, and il was his first
appearance before the supreme court.
The case excited attention, not only be-
cause of the array of great lawyers who
were to take part in the argument, but on
account of the principles involved, and
during the progress OF the argument the
court room was crowded 10 its utmost
capacity. do not remember the exact
order in which the argument was
made, but think Attorney General Speed
had spoken for the government, and
Mcdonald, Garfield ana Black for the
prisoner, when the incident TO which /
referred occurred. Among the visitors
TO the court room that morning were eX-
GOV Sharkey OF Mississippi and Senator
Davis of Kentucky. The chairs were all
full when they entered. ana recognizing
them went to them and gave them seats
at the desk usually occupied by the crier.
[ was at the time an omcer Of the court.
Either Garfield or Black was speaking
when they came in, and they paid the
closest attention TO the argument
Butler was the next 10 follow for the
government, and as he arose on the oppo-
site side of the room from the governor
and senator, and began arranging his
notes, the senator turned TO me and
asked: who is thatp replied by in
forming him il was Gen. Butler 1t
seemed to both astonish and irritate the
distinguished keutuckian; ind IN rasp
ing voice. very different from the court
eous tones he generally used in speaking
TO anyone, he said "What, Is that old