Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-12-08
aEa. BufLras CASE in COURT
SAT- for he Reo~peyy Of iSiaiy Thoaoq,.d Dollars
II Gold Con.
From the Now York Evening Express d November goth

Samuel Smith and Andrea Smith against Bsnjamin r
Batler-Thi it will be remembered was the suit brought
by two New Orleans bankers to back sixty thou
sand dollars in gold alleged to have been taken by force
by Gen Butler, and appropriated to his own use.
Mr.. JOHN X. HACKETT, 10 behalf of the defendant,
applied for order under the act of 1889 to
the to the Federal cours This act provides that
where suit is brought by citizen of ono state againht
citizen OF another state the latter should be al liberty
to the into the Uaed States courts The
counsel read the affidavit of Gen Butler in which be sat
forth that he resident Of tho State OF Massachusetts
and plaintiffs residents of this State that the suit for
more than five hundred dollars, and within the lam
guage of the statute.
Elk Judge PERREPosT opposed the application As there
10 no law the said upon which this motion rest and
it directed by the defendant himself infer that il 10
made not for justice but for notoriety proposed to
Gen. Butler in writing, that he should select his
court and his counsel and that would bring ami
cable suit in any tribunal of his choice TO determine
the rights of this He declined my offer. The ac-
ton thus commenced in this court where venture
to predict it will be tried before twelve good and lawful
men, whose verdict will be satisfactory to all who respect
Justice
The action is to recover damages laid at one hundred
and fifty thousand dollars, for respass committed by
Gen. Butler ia the aprng of 1862 by entering the banking
house of the plaintiffs and taking away by force sixty
Thousand dollars in gold CON- belonging to the PLAINTIFFS
and 10 appropriatng fifty thousand dollars of that cen to
his own use, which he has kept to this hour; and for
breaking up and destroying the business of the plaintiff by
thus forciby depriving them of their large capital
The action commenced in the usual way, and the
Sheriff has attached the funds of Gen. Butler in this city
Why the defendant seeks to the from this
court does not appear and imagine but two
tives-delay maturity. Gen Butler has had money
Ence May, 1862 object to delay if maturity is
the motive, will throw obstacle 10 his way simply
| remarkOg that We have known in our time instances
where maturity had little offsets to the intoxicating
charms Notwithstanding that capable and ever dis
Greet fellow citizen Gen. Dix in command Of this
parment it will be remembered that Just before the cleo
ton Gen Butler made his grand entry into this city and
ceeded to admiration IN keeping seventyour Democrats
from cutting each others throats while they gave maj3
ry of thirty eight thousand votes for MoClean In this
magnificent achievement the General entertained
with ovatons, fatterng speeches. and untold adnlatons
The food was spicy that it excited the appetite and If
you will cok at the newspapers you will that this suit
parsded with impudent eontery and slsehood The
General departed for Washington on Sunday November
10TH and on Thursdsy morning under the head of tee
graphic Iews from Washington, appeared the following
From The Tribune
BEN. BUFFERS GoLD.-The Copperhead attachment for
Gen Buffers New Orleans gold will penetrate the
vaults OF the United States Treasury before will be forth
comiug-every do lar being in the keeping Of that depart
ment
From Tie Times
That GoLD Concerning the attach ment applied for
sgsns, Gen Butler in New yak on behalf garti9 in
Ter IN that city it proper TO say that the gold referred to
seek redress they feel aggreved against the Govern
ment, and not against Gen. Butler.
From The Herald
The ATTACHMENT AGAINST GEN. BUTLER The parties
nave GT0Sgn s9 new for d aSans Gen besr for
ment, and not the individual they have a claim against
sion s Of the robberv Of s tes stsss n
in New Oleans and accounted for to the War Depart
meni IL whose custody Il has since been Gen Butler has
an order Of the War Department should be
How many other telegrams sent 70 other journals
am not advised but it so happened that followed Gen.
Butler pretty closely bis visit to Washington and ar
rived there the very evening of the day when the above
notices sppea. The next day thought would ascer-
tain whether Mr. Smith would have to penetrate the
1 Oft HIT AraNo.
comngevery dollar being in the keeping that depart
ment; and found that the statement was wholly false
that not dollar of this gold had been paid into the Treas
ury, and that not dollar of then had been
in possession OF the War Department That the other
statements in the kilograms equally false will appear
from the affidavts which now read
Court OF COMMON PLEAS. FOR THE CRY AND COUNTY
Of New York; Samuel Smith and Andrew w smith
against Benjamin F. Butler.
Gig and County of Ksw York, IS;
Samuel Smith, one Of the plaintiffs above named being
duly sworn, on solemn oath, deposes and saysi
That twenty years ago he left the county OF Sara
toga In this State, where was born and yhere his
aged mother still resides and went to New Orleans with
out any means but youth and hope to seek for better for
tune BY severe economy, constant toll and the uuremt
ting industry of long years. he and his brother Andrew
together succeeded 10 acquiring considerable property
and they became extensvey engaged in the business az
private banking The very nature Of their business com
PEELED them to make constant advances of money on South
ern credits When the war broke ont they extended
and it not possible for them to collect in their claims
without much delay The State of Louisiana seeded
deponent opposed the secession and quietly remained Ia
lqudste his affairs, and what he could IL ia easv
for those who safe in the North TO talk brayey about
their patriotism and to boast Of what they would have
done but had such been whore we were they might have
thought differently
On the "a Of April, 1862 news came that Admiral
Farragut had passed the lower Forks The greatest CON
sternation prevailed all who had any money wished 10
conceal it, The fear Of the wild mob and ths sodierV
in the city should be given up to piAge Deponen,
bad about sixty thousand dollars in gold coin n his saf
which he had been collecting together and which he had
hoped to save In this ght CONSERVATION took
$54 600 OF the gold coin and secreted IL In the Air cells
around the safe and left about Sc 900 Of his own in the
SAFE besides small amount belonging TO some of hts Gu,
TONER'S Admiral Farraguts success left New Orleans nt
his mercy and Gen. Butler entered the city OF the lat o
May and the rebel sodery fed and there was no plsge
Of the town. Forthwith Gen. Butler issued his proclams
ton dated May j. 1862 and directed every man to return
to his business and promising the fullest protection and
expressed himself 10 these words All the rights of pro
pery OF whatever kind will be held nyoate subject one
to the laws Of the United Sate All the inhabitants are
enoned to pursue their usual yocatons An ebops and
places Of amusement be kept open in the aecsto
cd manner and services be held the churches ana
religious houses as IN times Of profound peace"
Depouent did not suppose that this solemn proclamation
by General Of the United States was intended as deu
and enare, and opened his banking house in the m
est confidence that the General would not violate hi,
pghted faith The secreted coin could not be reached
without tearing down wall of masonry and deponsnt
being unwilling TO excite notice by tearing down heavy
BRICK wall aud Withdrawing the COIN when the CITY wa,
in such fearful state let Il remain for few DAYS to await
events
Gen. Butler coon began to examine into the sR.ir
OF banks, bankers, and supposed to have money