Butler - John Maurice - Montgomery InGenWeb Project

The many Crawfordsville friends of J. Maurice Butler are pained to learn of his death, which occurred last Friday at Indianapolis. The following sketch is from the Indianapolis News of Friday evening:

John Maurice Butler, son of the late John M. Butler and Mrs. Susan Butler, died at 12:39 o’clock today at his home, 166 north Meridian Street. He has been ill with pleurisy for two weeks but for the last few days had been better and had been sitting up this morning. For this reason the shock caused by his death was particularly severe. This morning some of the members of the family were downtown, wholly unexpecting any sudden termination of his illness. Death came at the dinner table and almost without warning.  Members of the family saw a strange look come over his face and the next thing they realized was that he was dead. Mr. Butler was born April 11, 1865 at Crawfordsville. He removed to this city, where he has since lived, when he was five years old. He was graduated from Wabash College in the class of 87. From this his youth was partially disabled by a contraction of the muscles of the leg. A year or so ago he went to the Allen Surgical Institute where an operatedion was performed to remedy this defect. However, he did not improve. He went abroad and traveled extensively, hoping for relief, but not finding it. For some time he has suffered from blood poisoning. His heart action was bad and recently he had been confined to his room. Today, feeling somewhat better, he had gone to the dining table as described. He was unmarried. His only sister is Mrs. Alpheus H. Snow who, with his mother, were with him at the time of his death. Mr. Snow had gone to Chicago. No arrangements for the funeral have yet been made.”

Source: Crawfordsville Weekly Journal 29 May 1896 p 11

Gen. Harrison Over Federal Court-Room Meeting. There was standing room only, yesterday morning, in the federal court during the memorial services of the Marlon County Bar Association in honor of John M. Butler. Judge Baker, of the United States District Court, called the assemblage to order at 9:40 o'clock, and explained the object of the meeting In a few respectful sentences. He said that it 13 customary for a Judge of the federal .court to officiate on such occasions, but that, owing to Indisposition, ho would ask to be excused, and suggested that Gen. Benjamin Harrison be Installed as the presiding officer. He himself put the suggestion in the form of a motion, and the vote was unanimous. General Harrison then assumed "charge of Ihe meeting, and he doing so, mid the profound attention of the assembly, said: "Brethren of the bar of Indiana, we are again called together by one of those sad incidents that remind us of our mortality. The stress of the profession of the law is very great. It is an absorbing pursuit, and is characterized by contests that engage the whole man. Our relation to each other Is professionally that of opponents. We stand against each other; we contend; and yet It is creditable to  the Influence and study of tr law that these contentions do not reach the heart or do not  become a part of the life. I think there is. perhaps, no one of the learned professions more characterized by liberality and kindliness of thought among its members than the profession of- the law. Those small Jealousies that' obscure to the eye the greatness and merit of an opponent do not prevail among us; and we are here this morning, on this sad occasion, to evidence this fact. We have not delayed our testimony to the greatness and completeness of John M. Butler as a lawyer until he has been taken out; of the strifes of the law. Those who are assembled here this morning have borne cheerful testimony during his life to his great equipment as a lawyer, and to the eminent success that crowned his" devotion to his chosen profession.  "Death never becomes a familiar event. Men are dropping away daily from about us, but the contrast of to-day with yesterday does not show so many vacancies as to impress this fact upon our mind. The panorama goes on; the scenes are changed old faces o and new faces come; and there is about it all a naturalness that relieves us from the shock of changes which we might not otherwise be able to bear. And yet, when one who has towered high and stood conspicuous in a community or In a profession is stricken down, there is a sense of los3 and grief which we fully realize here this morning. ' John M. Butler realized that saying of our profession that the law is a Jealous mistress and will have no dallyings with others. He devoted himself to the law; he absorbed himself In it; it became his life; and he won that success which Is promised to that devotion to the profession. He won it at a cost everything Is at a cost in this world that is worth having and the cost was that ho too early exhausted physical powers that seemed to promise much longer life. For one I do not deem it Inconsistent with devotion to any business or profession to have some by-pursuits or enjoyments in life. I think the man who has a hobby if he knows how to ride It not too furiously is often relieved from that constant and exhausting mental' strain that connects itself with mental pursuits. His life is prolonged' and his usefulness is Increased by the greater deeds that are added "John M. Butler's life was a serious one, made so perhaps by the fact, at the beginning of that life his life at school the responsibility of his maintenance and education was upon his own shoulders, and by the further fact, I think, that when he completed his profession he took up other burdens. I know of nothing more attractive to me in the life of Mr. Butler than the fond paternal relation that he assumed toward his young brother. George. He was brother and father to him. He promoted and directed his education, and he triumphed with his young and brilliant brother in those triumphs which came to him so early in his professional life. But these burdens falling, upon young shoulders made his life serious, and cut him off perhaps from some of those pursuits and diversions that might have prolonged his years; and yet, in view of the eminence he attained, the? great success in his profession, and in all those things that are regarded as elements of success, ho had crowned his life and made it full. "John M. Butler was a man who thought of his God. His early associations were with the church, and he died In its fellowshlp and in its faith and hope. He was always active as a member of the church organization with which he was connected. His going was not quick. The summons came to him with time. He had opportunity to make those arrangements for the care of those he loved and in whose behalf he had made his life struggle and accumulated a handsome estate. He had tlme to adjust the draperies of his spirit ere he stepped into the august presence of the great King. "It was a singular and Impressive incident to me that he should have died within two doors of the room where I was sleeping at the Fifth-avenue Hotel while I was in entire Ignorance that he was in the city of New York. - "Brethren of the bar. I will not detain you by further remarks. There is much In this life worthy of your emulation, much in his professional career and in his career as a man and a Christian that I can commend to your thoughtful imitation." THE MEMORIAL. The chairman suggested that the selection of a secretary would be in order, and Linton A. Cox was chosen. Henry Clay Allen announced, that the Marlon County Bar Association had appointed a committee to draft resolutions of respect, and General Harrison then announced that it consisted of W. H. 11. Miller, Byron K. Elliott, Lewis C. Walker, S. O. Pickens and Noble C. Butler. The memorial was read by Mr. Miller. It was as follows: " "In the death of John M. Butler, at the age of sixty-one years, the bar of the city, the State and the Nation has suffered a notable loss. The son of a Presbyterian minister, reared amid the privations incident to life in a pioneer minister's family in Indiana sixty years ago, John M. Butler was fortunate in the time, the place and the circumstances of his nativity. Tho timber of his mind and soul was of a fiber to grow stronger, rather than break in a struggle with the currents of adverse environment. Endowed by nature with an Intellect of great visor, backed by an aggressive and unbending will. In the school of poverty he was per force driven to habits of industry, of self-reliance and frugality, which were main elements of his notable professional success, and which ended only with his life. As a rule, men, like horses, do their best only under the whip and spur, and he is the fortunate boy, and youth, and young man who has necessity for a driver. "Mr. Butler was also fortunate in the circumstances of his early professional life. He traveled the circuit from county to county, compelled to be ready and to try causes with little opportunity to consult libraries, and thus acquired the habit, much more common a generation ago than now, of reliance upon principles rather than precedents. Mr. Butler was very thorough in the preparation of his cases never forgetting that his client was entitled to his best service. He was very methodical, well knowing that the details of a large practice at the bar can only be kept in hand by rigid systematlsm. He was as good a type of the lawyer of today, as contrasted with the lawyer of the date of his birth, as the country affords. Three-quarters of a century ago trials, not only before Juries but even in that most august tribunal, the Supreme Court of the United States, were contests of eloquence, forensic tattles where orators like Pinkney and Wirt- clothed their arguments in the most ornate and elaborate rhetoric. "Today such efforts are not only not made they are not attempted or even expected. In that court the lawyer Is In best, repute and is most effective who has the facts and the law of his case best in hand, and who most simply and most directly presents them to the court, and such in a very large measure is the rule everywhere. The profession of the law has become very largely a system of business management, and the lawyer most sought after is he who is not merely u trier of lawsuits but a prudent and wise business adviser. Such, a lawyer was Mr. Butler. He was a very capable business man and he was a very practical and effective trial lawyer. He did not assume to be an orator. He lacked the fancy, the Imagination, sense of humor, the ever ready springs of feeling necessary for an orator. He had, however, qualities more useful to bis clients and more effective in his profession in these times a logic as inexorable as political economy and a directness, terseness and force of speech rarely equaled. With him law was logic and logic was law. "Mr. Butler was not uncharitable, yet he was essentially a partisan. His convictions on most subjects were strong, not infrequently radical. Having such convictions, it was natural that a courageous man should express them fearlessly and plainly, and Mr. Butler was a man of courage. He always made his client's cause his own; put himself in his place. He was always an agreeable and welcome associate and a respected but dangerous opponent.' "No member of the Indiana bar has achieved a greater professional success than he whose death we mourn today. The death of no lawyer in Indiana and of few in the country would leave a wider gap In the profession. John M. Butler was a good friend, a, good neighbor, a good citizen and a good man. Therefore, we, his brethren in his chosen profession, beg to tender to his family our sincere condolence in this their great bereavement." TRIBUTES TO MR. BUTLER. Judge McCabe, of the Supreme bench of the State, spoke in behalf of the court of last resort in the State. He had known John M. Butler for the greater part of his long life, and when the practice of the two was in a circuit among the. counties west of Marion, including the home counties of each.' "John M. Butler." he sad, "was the greatest master of fact that I had ever met. His mind was keenly logical and as an opponent In a law case, his blade, if not the most polished, was one of great strength. I once heard it said by a lawyer who was on the other side of a case in which Mr. Butler had Just finished an argument: John M. Butler has the most perfect analytical mind that I ever knew.' He was devoted to his client's interests, and made the cause his own. He was a man whose " Integrity was beyond question in every relation of life. He was a useful man to the State and to society. He rose t great heights in his profession. but he never sought office. He brought to the firm of McDonald & Butler the executive and financial ability which enabled them to attain eminence second to none in the. State." Judge Gavin spoke on behalf of the Appellate Court, saying among other things: "John M. Butler was a man of clear head, a well-balanced mind and quick to perceive and bold to execute. He was fit to cope with the intellectual giants of the bar. In his worth as a lawyer we see also his worth as man.  His great merit is seen in his sterling Integrity and his unflinching honesty. In his fidelity to every trust. We view  him to-day as the example of the highest type as a man and as a lawyer. His life may be held up to the young lawyer to stimulate him to his best efforts. The record of his life Is an inspiration to the living. A bright star has fallen away, not fallen, it has risen. To his family we tender the sincerest sympathy, and condolence, reminding his loved ones 'that he left them the heritage of a name more to be. prized than all earthly possessions." Albert J. Beveridge, whose preparation for the law was made In the office of McDonald & Butler, was the next speaker. He said: MR. BEVERIDGE'S REMARKS. "Four years ago Joseph E. McDonald left us. To-ay we mourn the parting of John M.  Butler. Aside from ' general sorrow, there are some who are personally bereaved; some to whom these two men were fathers In the law, fathers In the counsel of life's conduct; and on those sacred subjects it is enough to say that words 'cannot express ' the personal grief abiding in the heart. "With the passing of John Maynard Butler one of the giants disappears. His death is the turning of another leaf in the stalwart chapter of the Indiana bar. He was a leader In that wonderful company of lawyers of whom Baker, and McDonald, and Hendricks were examples so illustrious. Theirs, was the heroic period In Indiana's practice. No State except Massachusetts in the time of Webster, Shaw and Choate can pass that period in dignity, purity and power. "John M. Butler was to the world a man of iron; but to those he loved he had a woman's heart and a disposition fragrant as a flower. His character was a mingling of sternness well advised, discerning kindliness, Intelligent generosity, with a Roman sense of Justice over all. He was charity systematized. No call upon his purse which merit recommended ever passed him without response. The Little Sisters) of the Poor knew the way to John M. Butler's office door, and their mutual smile at meeting proved how those angels of good works and the great,' reserved and silent lawyer understood each other, the world and life's highest, humblest duties. His feelings were Intense. His confidence once acquired was absolute; once lost, that paradise could never be regained. His affections were to him most holy things. He seldom spoke of his love, but made his deeds the heralds of his heart. "He was among the greatest lawyers of the entire land. He practiced in the highest courts from Denver to Washington, and everywhere that noble forehead rose above the rest. His work was systematic. He was as orderly as logic. No point escaped him. He was. as observing s vigilant. He was organized industry. To him toil was a Joy. He labored at white heat, and this perhaps helped burn his life away. His happiness was in proportion to the magnitude of his task. The more difficult, complex and unprecedented the case, the greater his pleasure. Indeed, he respected precedents only when right and reason upheld and buttressed them. Authority built upon the sands of unsound thought and conscience misdirected was to John M. Butler, no authority at all. and many a false precedent fell before the intellectual cannonade from that great mind. He was a fundamental lawyer, and that is saying the sum of all. "His partnership with Senator McDonald was Ideal. Each fitted the other. Senator McDonald was the lawyer. Judicial, yet determined; John M. Butler the lawyer militant and yet Judicial, too. Senator McDonald was as. placid as the evening; Mr. Butler as alert as the sunrise. He was a fighter. His arguments were cavalry charges. Before litigation commenced he exhausted the possibilities of combat. His speech was classic: his words as powerful as vitality, and when he was aroused. as picturesque as action. I heard him in arguing exceptions denounce a report as gangrened with prejudice; in another argument he Implored 'the protection of the white flags of the chancellor.' His sarcasm was as biting as the north wind of winter. He took and gave no quarter. He was equipped with the most formidable weapons In the armory of advocacy. He was Indiana's most splendid specimen of the aggressive lawyer. He would have made a glorious soldier. And between him and Senator McDonald there was an affection, devotion, respect -that, glorified the lives of each. They were two mighty rivers, which, uniting, flowed in Irresistible volume to the sea. John M. Butler was a great Republican. Of late years he was the mast of our campaigns from which hung the sails of all our minor speakers. He was not a politician, he wore the collar or no man .or ring. No combination held a mortgage on his brain. He owned himself. And he had that breadth of vision and strength of conviction which constituted statesman ship. He had the ambition of his abilities, but he believed It better to prepare to discharge great duties in a great way and thus be ready if the call should come, than to waste his time and energy scheming to secure high place and then be unprepared. Like Charles Sumner he would not solicit even a senatorshlp, …. said -'If the people want me, here I am.' And the people did want him, but their desire was never … an opportunity for expression, and " so Indiana's Sumner was Passed uncalled. What a Senator he would have made! Incorruptible as the sunlight, steadfast as truth, bold as courage, scholarly and practical, able and experienced, eloquent, ready and informed name me the man now. in the American Senate who could have proved his match. No political recognition could have passed his deserts. He felt it all. but made no plaint. The shallows murmur while the deeps are dumb." "He had no fear of death. To him death was not extinguishment; he knew that every sunset 13 elsewhere the breaking of a dawn. He believed that this strange circumstance called human life Is only an opportunity to prepare for higher things, and his preparation was thorough and complete. And if what Joseph E. McDonald and John M, Butler both believed is true they have to-day Joined hands again. It is hard. Indeed, to say farewell, and say it we will not. but only Just good-bye. Bravely, unmurmuringly, he crossed the bar, feeling what Tennyson felt, what all heroic souls have felt, shall ever feel indeed, I can think of him repeating when the summons came the great laureate's words." W. M. Jones, of Chicago, a former student In Mr. Butler's office, spoke briefly of his high regard for his preceptor, and referred to Instances when he had been the recipient of many acts of kindness in a professional way from his now departed friend. Judge Lewis C. Walker spoke with much force and feeling in testifying to his sense of personal loss and to the value of Mr. Butler as a citizen. He said: "It seems to be conceded by all that Mr. Butler stood high in the profession, and no further comment is necessary from me on that point. When the able men from Indiana are aligned, the form of John M. Butler will be seen well in the front. "He obtained his prominence in the- profession without the adventitious support of office. His personal achievement placed him high in the profession in the West. I think that In the years to .come, when members of our profession are given places prepared for them In the niches in the courthouse, the Capitol and In the libraries of the State, we shall see the strong features of John M. Butler In their proper place. He perhaps had not all the prodigal gifts of the popular orator, for he paid more attention to thought than to the vehicle that carried it, but for power, for strength, for force and for convincing argument he was almost unequaled, and, I believe, not surpassed. His solemn mein. his serious face and when you remember ho was brought up in a denomination and under the forms of ancient creeds and inoculated with its beliefs that he was necessarily Isolated by his Infirmity of deafness some persons were led to believe him cold and unsympathetic, and that he held austere religious beliefs and was puritanical in his life. I know such was not the case. He was a man that would not live In the shadow. He was a man of mighty faith. He went forward with an unfaltering trust, and a belief that there was over all One that guided, and that had an infinite existence that would endure. He did love his fellow-men. I happen to know that he had a systematic method of charitable giving. I do not mean the. kind that discriminated with such care that too often ends in withholding. but he placed upon his annual pension list thousands of dollars each year. He was not puritanical; he was not cold; he was not bigoted; he was not selfish. He had "a kindly heart. He loved his friends, and those who knew him knew him but to love him. He had no affectation of personal piety. Who-, ever heard him boast that he was better than any other man? Whoever heard him boast of his achievements In law. or acquisition of money? He was as modest as the humblest. He lived for the good that he could do, and he did It In an effective way. I heard him express himself unqualifiedly against the prosecutions in his church against Professor Briggs and Henry Preserved Smith. As a lawyer he would and did condemn the general Assembly. He declared that he was not only In favor of the course of these professors, but would expunge the dogma of the past and write a new one. "I esteemed him as one 6f the best of our citizens. I valued him as a friend.  I loved him as an elder brother, and recollections of him will always be with me a cherished and pleasing memory." Augustus L Mason, another of the attorneys trained in the office of McDonal & Butler, spoke of the personal qualities of the dead lawyer, saying that he was a man of very warm heart and of deep love for his fellow men. He was a man whose mind worked smoothly Ho was never irritated. He recalled, he said,-a single incident that disclosed the character of his mind: It was about a telegram that came in his absence. Mr. Mason said: "It was not opened, and when he came home he said it should have been. 'But it might have been a private message was said to him. 'As for secrets, he said, I have none. " ' Mr. Mason referred to the advice Mr. Butler had given him in his reading. "Read two books," he said, "the Old Testament and 'Gibbon's Decline and Fall of the Roman Empire. " "He profoundly believed," continued Mr. Mason, "that the foundations of our laws Is to be found In the Decalogue, , and he felt that he had derived the greatest Intellectual pleasure and development In the reading and study of Gibbon's work. We mourn a great man f:one. I have personal knowledge of the liberality of his heart. He gave largely, and in a quiet way showed that he loved his fellow men and was deeply touched by suffering."  On motion of Mr. Ferd Winter the memorial was adopted and the secretary was Instructed to have copies made for the family and for the several courts of the county, the State and the federal Judiciary. The meeting then adjourned.