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Abraham Lincoln (search for this): chapter 23
cretary of the Navy and Secretary of the Treasury. It was at the same term in which S ward and Lincoln were admitted, and I believe I am now the oldest living practitioner in that court by date of cake away. He was seen in the act of departing on the train and went up the road a few miles to Lincoln. A telegram was sent after him with directions for the depot master, who was also a constable,ing pursued. The evidence of the boys was plenary, and he was committed to jail for murder. Lincoln is about six miles from Concord. I was at Concord attending the court. The constable was a Deof his death, and not being engaged on the day of the funeral, I took my horse and rode over to Lincoln to attend his funeral, with as much grief as I would attend the funeral of any dear friend. 0 which the law paid to me. That was not all. Cambridge is perhaps twelve miles distant from Lincoln, which is a nice little town, at that time not having a doctor, a pauper, or a lawyer in it. Th
David G. Farragut (search for this): chapter 23
to Boston Anecdotes of chief justice Shaw the great Northwestern conspiracy Farragut's prize money interesting criminal and civil cases lawyers must be ready to t then been established in England or in this country. In April, 1862, when Farragut made his wonderful passage with his fleet to New Orleans, he took possession oe whole value of the property captured amounted to nearly two million dollars. Farragut was by far too busy fighting during the war to go around with a marking pot,----and, there being no district court in New Orleans, this property captured by Farragut could not by him be brought before a prize court there. After the close of me and asked me to get the vessels and other property captured by himself and Farragut condemned as prizes. Accordingly, I filed libels in prize against the propertcase was heard at length before the arbitrators and an award found in favor of Farragut for substantially all the items claimed. The award was confirmed by the Court
Benjamin F. Butler (search for this): chapter 23
mber of our bar and friendly to me, said:-- Butler, why do you take such cases, when you know you if I attend to that, I cannot at this time, Mr. Butler. I hardly supposed you could, I said, andme with a little surprise. Are you aware, Mr. Butler, said he, that there has been one motion for 1860, I was counsel on the same side with General Butler. It was a busy season of the year for lawber facts, important and unimportant, like General Butler. Whatever enters his mind remains there fyou for giving me that case. Well, then, Mr. Butler, I take it you have no fault to find with the with Engraved from a life-size bust in General Butler's library. the hundreds of surgeons and phrwards Engraved from a life-size bust in General Butler's library. most famous as an advocate, G. any counsel? he said: I should like to have Mr. Butler. The horror of defending the murderer of es, and he replied with some severity:-- Mr. Butler, this is a duty which, when the court assign[17 more...]
Rufus Choate (search for this): chapter 23
aved from a life-size bust in General Butler's library. most famous as an advocate, G. A. Somerby, Esq., and also the Hon. Rufus Choate, who was the first advocate of New England if not of the United States. I had with me a young gentleman who did The whole East India trade and a large portion of the Boston merchants came as witnesses for the defence. I said to Mr. Choate that that defence would cost his client, I was certain, a good deal more than we. had claimed for damages, and that per them, and that is all I knew, and I saw very extended and onerous study would be necessary in many parts of the case. Mr. Choate told me it was no use to speak of compromise. The East India trade was determined to make an example of this case so tail of islands, renowned in all those seas for the abundance, the excellence, and the cheapness of their vegetables. Mr. Choate contested every point with all his skill and eloquence. As I have said, the end of the daily session was only the begi
German (search for this): chapter 23
s to be discovered, more witnesses to be hunted up. I rummaged libraries, pored over encyclopaedias and gazetteers, ferreted out old sailors, and went into court every morning with a mass of new material, and followed by a train of old doctors or old sailors to support a position shaken the day before. In the course of the trial, I had on the witness-stand nearly every eminent physician in Boston, and nearly every sea-captain and ship-owner. I studied five treatises on scurvy, one very old German one printed in Latin. 1 mention that because it contained an authority that I could find nowhere else, and when I brought it to the attention of one of the defendant's physicians on the cross-examination he admitted that he had never heard of it before, and more than that I had to read it to him as he could not read its language. The case was submitted to the jury on a very able and impartial charge of the presiding justice, and we obtained a verdict of three thousand dollars, which was
Clerk (search for this): chapter 23
in good stead. One of his first cases being called in court, he said in the usual way: Let notice be given! In what paper? asked the aged clerk of the court, a strenuous Whig. In the Lowell Advertiser, was the reply. Now, the Advertiser, being a Jackson paper, was never mentioned in a Middlesex court; and of its mere existence few there present would confess a knowledge. The Lowell Advertiser? said the clerk, with disdainful nonchalance, I don't know such a paper. Pray, Mr. Clerk, said the lawyer, do not interrupt the proceedings of the court; for if you begin to tell us what you don't know, there will be no time for anything else. He was always prompt with a retort of this kind. So, at a later day, when he was cross-questioning a witness in not the most respectful manner, and the counsel interposing, reminding him that the witness was a professor in Harvard College, he instantly replied: I am aware of it, your honor; we hung one of them the other day. I tr
Taney (search for this): chapter 23
ffect to their decrees? I argued that the court could not take judicial notice of the fact that the courts of Indiana was open; all they could have notice of was that the court ought to have been open, as peace ought to have reigned in Indiana, but it did not. I take the liberty to remark here, that during the whole War of the Rebellion the government was rarely ever aided by the decisions of the Supreme Court, but usually was impeded and disturbed by them. After I left Baltimore Chief Justice Taney issued a habeas corpus to release a secessionist who had been captured and was held by the orders of the President of the United States. So that the President was obliged to suspend the writ of habeas corpus in order to relieve himself from the rulings of that chief justice who delivered the opinion substantially that the negro had no rights that a white man was bound to respect. While I remained in Washington, I was trying cases before the supreme court of the district and the Su
Early (search for this): chapter 23
ing in those courts in the time of peace, and such as had no effect upon the Government of the United States. I called the attention of the court to the fact that the courts of the District of Columbia were open, when the sounds of the rebel General Early's cannon were ringing in the ears of the judges of the courts, and everybody else was under the full jurisdiction of the military. Could it be said, then, that the men of Early who were captured were to be tried by civil law by the courts ofEarly who were captured were to be tried by civil law by the courts of the district which were utterly powerless to give any force and effect to their decrees? I argued that the court could not take judicial notice of the fact that the courts of Indiana was open; all they could have notice of was that the court ought to have been open, as peace ought to have reigned in Indiana, but it did not. I take the liberty to remark here, that during the whole War of the Rebellion the government was rarely ever aided by the decisions of the Supreme Court, but usually wa
John A. Logan (search for this): chapter 23
ntry, and which had not been distinctly settled anywhere else. The case was this :-- There was a body of quasi-secessionists in Indiana and the adjoining States known as the Knights of the Golden Circle. Milligan was a member of that body and there was an. accusation made against him of being a party to a conspiracy to release the Confederate prisoners of war from Johnson's Island and send them. back to the assistance of the enemy. This conspiracy has been most ably treated by Gen. John A. Logan in his work, The great conspiracy, showing its vast extent and importance. He was one of the ablest and most successful volunteer generals, and a most loyal Democrat, and he afterwards entered the United States Senate--as a Republican. Milligan was tried by a military commission, duly convened The commission heard the case in due form. and advised his punishment. Being held in prison to await the result of that proceeding, a writ of habeas corpus was brought in his favor. to ha
Jefferson Davis (search for this): chapter 23
ook the objection that no offence was stated against him because it was not alleged in the indictment that Mary Stuart was not Moore's wife. The prosecuting attorney, a lawyer advanced in years, stated that that form of indictment was taken from Davis' Precedents, Davis having a great many years before been solicitor-general of the State, and that a great many persons had been convicted upon such an indictment, and the objection had never been taken before. To that I replied that this was a qDavis having a great many years before been solicitor-general of the State, and that a great many persons had been convicted upon such an indictment, and the objection had never been taken before. To that I replied that this was a question of pleading, and however long the fault existed it was clear that it did not aver the offence. The court having heard the argument stated that the point was a sharp one, and although he might be wrong in his ruling, yet he preferred to err with the ancients, rather than be right with the new notions which were being pressed upon the court. Somewhat to his surprise and disgust I remarked to him that I proposed to show that he had erred with the ancients, and to do so I should bring a w
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