Benjamnin F. Butler, Butler's Book: Autobiography and Personal Reminiscences of Major-General Benjamin Butler

When Moore was called to plead guilty or not guilty, I took 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 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 writ of error to the Supreme Court. The case was taken to that court, and after argument the point was decided in my favor. When I got a copy of that decision of the court, I enclosed it to my friend, the presiding justice at the trial, saying that I hoped he would read the decision and have the pleasure of knowing that he had “erred with the ancients.” I afterwards tried many cases before him, but he never repeated that phrase to me.

Perhaps the reader will permit another illustration: Elijah Record, who was a burglar by trade, got short of false door-keys and went down to supply himself one morning through one of the principal streets of Lowell. Whenever he saw a key left in the door lock, and the owner of the shop not in sight, he would take it out of the lock and put it in his pocket, for a little filing would make of it a skeleton key which would open several locks. He had got one or more keys and then, coming to a shop, the door of which stood open, being unable to see anybody, he proceeded to take the key from the door and put it in his pocket. But the owner of the store was sitting directly behind the door reading a newspaper. He heard the noise made by turning the key, and saw the key taken out of the door. He sprang after Record, who, unfortunately for himself,