The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-08-02

An lrllSfnan whose ldlntI WIS a itAb
nm barrister enters tie efferveseing at
fairs of Alabama at this time, Richard
Busted was his name. As a boy hi
was a printer in his youth he was s
Methodist preacher in the city of New
York From that he became a lawyer
and was made corporation counsel foi
that city In the politics of 1850 h'
was a Douglas democrat, bitterly opposed
to Lincoln. Ills father was known as a
bitter enemy of slavery. In 1862 Lincoln
appointed Richard Busted brigadier gen.
eral. He was sent to the field in Vir-
ginia and at once established an enyiable
reputation as soldier. His early ami
mostly against Lincolns gave way TO an
earnest support of the President in the
latters controversy with General McClel-
Ian. whether the war should be conducted
On one line of principle or the reverse.
The Senate at that time was anti-Lin-
coin and Mcclellan, so the contirma-
ton of General Busted did not follow.
The rejected officer Indignantly resigned.
Thereupon the President appointed him
United States district Judge of Alabama.
lie did not open court for obvious rea-
sons. After Parsons had been installed
as provisional governor that is, about
two years after his appointment the dis
tlict Judge opened court for the fall term
of 1865. He had lively time in Alabama
for nine years, the only district Judge.
lie used his office as an offensive par
tisan of a political party, even as his
father had done under the British nag
lie taught the negroes that the great
plantations were source of oppression
to them and that 30 acres and mule
was the remedy He taught that the
hoy who could read and write was worth
twice as much 10 himself and to the
community as he that could not, and that
the public school should know the public
veal only. standing on the hill top, with
open door to all creeds and all races
alike Liberty to one should be liberty
to all The only kind of man the law
should know was mankind Alabama
was far richer in the gifts of God than
ali New England. Let these blessings be
open to all.
AT the May term. 1866 of Busteed's
court. at Mobile, the grand jury Thomas
o. Glasscock foreman, and James O.
smeir, district attorney, found bills for
treason against William G. Jones and
others. Jones was judge when the state
seeded and accepted some office from
President Davis.
Judge Jones was remarkable man.
In 1929 a young man, he represented
Greene county in the legislature. In
1880 he represented Mobile county in
ri II Will
liam r. Chiffon were chosen to defend
him now.
James Q. smith. as United states com
missioner, had accepted Jones bond. But
the same Smith had become United
States district attorney and rose to his
opportunity He was scalawag rampant
lie insisted that the nature of the indict-
nent excluded the right Of bail. Jones
must go to Jail and stay there until a
petit jury should consider his case
The matter came before Busteed He
agreed 10 hear Watts the next day.
Smith wanted to know what disposition
he should make of the accused, not en-
titled to bail, while awaiting the judges
pleasure.
Watts on the spot button holed John
Hardy, scalaway marshal. Hardy could
do nothing, he said. The responsibility
of ignoring the law was too heavy to
be borne by him. The presiding judge
was an eye witness to the scene The
order of the court had not been issued
In regard to the detention of the ac-
oused So Judge Busteed spoke out
boldly, saying: Mr.. Clerk enter an order
on the minutes of this Court that Thomas
IT. Watts and William =. Chiffon are APP
pointed Special Marshals to take charge
OF William G. Jones and have him be-
fore this court tomorrow at Il o'clock.
The presiding judge had never before
had to consider such a case. He sent
respectful message to Watts that night
asking to see his brief at once and all
his authorities Brief and authorities
were accordingly sent and before mid
night We're all returned. Next day Chill
ton spoke first. The Judge requested
Watts To speak on a single point. The
Judge then took from his pocket Ia
boriousiy prepared opinion, holding that
the case was bsilable and Jones was
thus released. Subsequently,, general
act was passed by Congress- the result
of which was the prosecution fell.
Another indictment from Busteed's
court becomes worthy of notice to inter-
pref the times. George w. Gayle of
Cahaba was a criminal lawyer of estab-
lis neu reputation ana OF unlmneacndDle
personal character. Three or four months
before the war ended he published in the
newspapers the following advertisement,
towit:
"a MILLION DOLLARS WANTED"
ITO have peace by the list of March
II the citizens of the Southern confed
eracy will furnish me with the cash or
good securities for the sum of sl,0OoO02,
I will cause the lives of Abraham Lin
coin, William II. Seward and Andrew
johnson to be t&iSen by the LIST of March
next This will give MS peace and salts
fy the world that cruel tvrants cannot
Eve in a land of liberty. If this is not
accomplished nothing will he claimed be-
vond the sum of $4,000 in advance, which
IS supposed to be necessary to reach ano
slaughter the three villains. ] viii give
myself $1,000 toward the patriotic pur-
will address " Cahaba Ala Decem-
pose Everyone wishing TO contribute
her I, 1894.
MI Gayle was no; in the army He
labored 10 defeat the execution of the con-
script law In the Murfreeshoro cam
paign the lieutenant colonel of an Ala
hama regiment OF cavalry applied TO
lieutenant General Polk for permission to
capture. in his tent General Rosecrans.
then commanding the army of invasion.
General Polk replied that Of course the
capture proposed would be legitimate, hut
the officer effecting II must remember trat
no unnecessary harshness or indgnity
toward the distinguished captive could be
1erritted It was common rumor in the
falton-Atlanta campaign that Forrest had
rroposed to Gen j +. Johnston to take
JNno men ride TO General sherman and