Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-12-08

sent knew Or ought 10 have kaown it, Deponsnt makes hs
sdayit with true copy Of that commission and report be-
lore him That eomeaion was composed Of three able and
upright men-GoVernor 5hpley, Hon. Tho. j. Durant
and Dr. MerceTsnd their report was made ia June 1882
and proves the shameless fay Of these sanderous tse
grams.
Opponent took the oath Of slessaceth amnesty oath
alsoand true and loyal as he who By military
force has taken away depoleota property
Deponent respectfully submits that this false charge
about copperhead attachment and these false ana alan
derous charges that deponens gold 10 the proceeds Of
robbery of the United states Mint published 10 the news
papers through kilograms from Washington while Gen
Butler thsre aud for the purpose OF decevng the pub
lilo and of preudicng their minds before tho trial of the
cause (Which had been legitmaey commenced TN.
der tho order OF this COURT deserves the ebukeand sever
eat Of every Judge and rghtthnking man Ia
this community.
s his brother the co plaintiff such citizen either
OF them been citizens residents or voters la this State
for more than twenty years last past Deponsnt has been
here and IN Washington often for thepurpose of prosecu
ing this claim against Gen Butler and haa had
sourn both here aud Washington that bat
no has not been at any time resident In any other sense
any sehBe known TO the law but Is now and always
has been, Nonresident And when his affidavit fer this
attachment drawn, deponent expressly stated his
attorney that he resident and had the affidavit
drawn explicitly stating that deponent resident
will appear from the original paper here In court
Deponent is informed By his attorney that the clerk In
aklnga copy mistOok the word non for and wrote
al now" resident instead of " a non" resident.
The plaintiffs being both uoTesdents of the State have
given security and commenced their action and seized pro-
pery Of the defendant within this State and under the
Jurisdiction Of this court and have personally served Con-
Butler hin this city, and they have right they are
informed to try The before the tribunal which issued
tie attachment and they submit that the defendant has
power to deprive them OF that right to GUST this court
OF It's Jurisdiction SAM. SMITH.
Sworn to this Goth of November 1864, before me-
FRED SAIYTH, Notary Public, New York.
Judge PIERREPoNT resumed If the false teegrams
about copperhead attachment and statements that this gold
the proceeds of robbery of the Mint had not APP
naAred Gen Rutfay in on ba
denied their truth on his knowledge of their authorship
Ito do which he has had ample time this exposition would
not have been made venture to suggest that this cry of
robbery TO divert attention proves that the real rob
berry will not bs successful aud that in community where
the laws administered it will not BIO very safe to repeat
IT, Fifty thousand in gold is comfortable thing to have
and Gen. Butler has kept it long that he does
not like TO give it up There Is nothing 10 this re-
lueau to part with gold long kept Give and Hasngs
had the same feeling when they robbed the Princess 10
dia. would suggest to Gen. Butler that he hasten the
% of this before the and jury and consent
noHore to try it by kilograms sent to the newspapers We
will keep him to early trial. and until that trial comes
off there will be suspicion thst all 10 not rights peo
pie have very direct common way Of looking at
things and Government puzzled to know why Gen
Butler has kept this gold for two years and half III it
belongs TO the Mat why hes he handed it to the
Mint the Treasury These ugly questions which
our inqutve people will SAX, and which Government
has always asked,
Gen Butler has fifty thousand dollars of Smiths gold
which Smith earned by the honest toll of years Smith
was poor boy who many years ago went down to New
10 Scch lb WQen the broke
he was caught there with his earnings and could get
away. lie il not rebelj he is true loyal Northern
man. and has suffered for his loyalty Butler can't keep
this gold Justice 10 often slow, bat she Is always sure
think the newspapers not proper tribunal 10 which to
try eaue pending in court but If the General insists
that mode OF trial ne shall be gratfed. As Mr Smiths
counsel have prepared this cause and have all the dor
cuments They In sTsing. Our people are, Ia the
main, just people, and they get right of things
the long They admire smartness and give full credit
TO ability IN public bat they will want to know why
Butler keeps tt Colds why DC does not pay 1t to
the NJ mt or to Tho Treasury Why h9 took IL of all
Why be has suffered these lying kilograms which
ssut from Washington the other day when he there
trial before the court and jury of his country and he
shall have ar trial before public if he courts it, and
If suy false kilograms from Washington stating
that this gold has been paid into the Treasury that this
10 coppernead attachment and that the gold s the Pro-
ceeds of robbery of the United States MINT they win
properly met and the courts will dispose of the like.
Judge Perrepont held that this motion, matter of
law, must be deued-the authorities are all clear upon
this points and he cited authorities to show that where
attaching plaintiff was nonresident and the defendant
was also nonresident, the could not be removed
al d the act OF Congress did not apply.
Mr. HAcRETT said no wSs surprised at the councils
coure l was totally out OF order and without the rules
OF practice They here to try the cause on its
in bis opinion gave the defendant matter of course
When the merits of the up and at the proper
time and place, Gen. Butler would be prepared to meet
the statements OF counsel put in the affidavit of his clients
and aoswer all this TRADE Of false kilograms There
nothing IN the case except pure naked question OF law
Judge CARDozA took the paper and reserved bis deci
sion,