Year: 1878

IMPORTANT DECISION BY JUDGE WALLACE


MARK HoYT on THE srAND-GENERAL BUTLER


DEFENDING HIS POSITION AS COUNSEL.


The trial Of the suit Of James A. Whalen against
General Sheridan was continued yesterday before
Judge Wallace and jury. At the opening of the pro-
ceedngs United States District Attorney woodford,
in reply to statement of General Butler said that
the suit had not been brought against General Sheri
dan a military officer but private citizen, and
that If the verdict against the defendant levy
could be made his personal property to collect it,
and that If the case was one against the government
General Butler would not be in position to appear
in it, for act of Congress had expressly forbidden
members Of Congress from appearing against the
government directly indirectly. General Bntler
said that Mr.. Woodfora never mistaken III
his life. The Judge interposed ana said that there
need be difference of opinion that matter.
There question that General Sheridan was
sued an individual.


General Butler said :.'Tf the Court is satisfied
suppose every one ought TO be satisfied but must
be allowed TO say that should like to satisfy the
Court and jury that I not doing any wrong in ap
rearing in this case. II my brother will read the
statute again he will find that member Of Congress
is not prohibited by law from appearing in the con
stituted courts Of the United States. II s correct
that he is prohibited from appearing as counsel in
the departments OF the government 1t was not pre-
sumed by the law that member Of Congress could
influence judge who was appointed for life. and it
was quite a common thing for members of Congress
to appear in the Supreme Court the United States
have appeared myself in against the government
involving $500 600. The law originated with Reverdy
Johnson, who raised the question whether John
p. Hale had not influenced o military commission
I 5s IS 70 a ta'
ernment money in this case shows that he thinks the
government has some pecnnary interest in the case
General Butler then proceeded with his argument to
show that General Sheridan could not have acted in
his military capacity.


JUDGE wALLACE's OPINION.


After short speech from Mr.. Beckwith for the de-
fendant in reply to General Butler Judge Wallace
said that he had arrived at conclusion in reference
to some OF the points in the case, of which was
that the laws Louisiana did not interfere materially
with the provisions and rights Of the common law.
was not iustifed IN the issue Of the order he
had issued in this by any provisions Of the Re-
construction act General Sheridan was there to
the rights Of personal property and to prevent
violence and turbulence. and was not there to
else any Judicial functions. The act Of General
Sheridan simply that Of apriyae citizen. and II
was the same II any other citizen had directed the
Sheriff or Mark Hoyt to go there and dEposscss
whalen. General Sheridan could not do that as
major general; that quite certain as matter OF
law. But if General Sheridan did it, in sense,
the servant and at the solicitation of Mark Hoyt he
may be protected under the authority of Mark Hoyt
and If this order was issued at the procurement
of Mark Hoyt he could justify under the title of Mark
Hoyt


petition of Mark Hoyt to the District Court of
Louisiana then read setting forth that Whalen
and Slater were in unlawful possession Of the Kill
loona plantation.


MARK HoYT's TESTIMONY.


Mark Hoyt was the first witness called and said
know Morgan Morgans, Jr., and James A. Whaen,
Jr.: have known Morgans for twenty years; had
never seen Whalen to my knowledge until November.
1867; went South with the view of purchasing land
i'll December 1865, and purchased land in Madi-
county, Miss; that was the Hard Bargain
plantation; Morgans had . third interest with me
in the profit and loss and my brother had the other
third and l represented that; Morgans became in
debted to my brother for $4,000. which had been
loaned to him some years before; Morgans is
the brother-in-law Of my brother; previous
to my departure to the Hard Bargain plantation he
received letter from Morgans and also had some
talk with him, and in the course of that talk Morgans
said there good crop on the killoona planta
ton. that IT good idea to that plan
tation; finally said would go to New Orleans;
did so and had consultation with Fellows Mills,
the lawyers, and submitted the whole fairly
them; afterward came into possession OF note for
$4,000. drawn by James A. Whalen and indorsed by
Morgans;' Morgans was with me. at Fellows Il Mills
office and he said that he wished to give prefer
ence


At this point the Court adjourned until eleven
mnr ING