The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-26
TIKI BUTLER GOLD CASE.

THE BUTLER GOLD CASE.
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aMdavit of General Butler I'm Fuii-Lct-
ters OF Counsel, DC.
COURT OF COMMON PLEAs-sPECIAL TERM.
Before Judge Cardozo.
Samuel Smith and Andrev SIXTH benjamin r. But.
Ewe published exclusively yesterday sketch Of the
latest developments in this interesting case but having
since procured the full affidavit OF General Butler lay
before our readers thus enabling the defendant to give
his own statement in his language The affidavit is
as follows
City and County Of Ne,o York Benjamin Butler
doth depose and say folows;-Thst he is citizen Of
the State OF Massachusetts, residing the city of Lowell
that about the 10th day Of May the 1861 he
duly commissioned by tho President OF the United
states major general in the service of the United
charge OF the duties assigned to him. that afterwards and
ch the 23d Of February, 1862 by order of George b.
Mcclellan Major General commanding the armies OF the
United states "a new military department. TO be called
the Department of the Gulf comprising all the coast Of
the Gulf States west of Pensacola harbor and much Of
said States as may be occupied by the forces
Of the United States constituted and the command
thereof together with the command of the land forces to
cooperate with the navy in the contemplated attack
upon reduction of New Orleans assigned this
deponent That the LIST day of May, 1862, this de-
ponent Major General commanding the OF tho
United States took possession by capture Of New Or
leans surrendered TO the forces and authority Of the
United States the said city and State OF Louisiana then
being state of rebellion, and, declared by proc
tamaton Of the President against the government OF the
United States. That about the 10th OF May, 1862
while acting in his aforesaid capacity Of Major General
having received information which this deponent then
believed and still believes to be true, that Samuel Smith
Co. the plaintiffs in this action were traitors, and
bankers acting for and in behalf Of the Confederate
States then in rebellion, and that they had In their
T specie which had been fraudulenty taken pos
session of by Guirot Director OF the United
States Mint at New Orleans Immediately after the ord
Of secession had been passed by the Legislature of
the State Of louisiana and held by him for the and
benefit of said rebelous Confederate States as their
agent And that when by the joint operations OF the
land and naval forces Of the United States said city
about to into the possession and under the control
of United States said Gurot had placed said amount
in gold In the hands Of the plaintiffs in order that the
might be concealed by them for the and bene
at of Confederate Siates and that in pursuance Of
such agreement the plaintiffs had hidden the spe-
Gle within the space between the BRICK walls OF their
banking house.
HE ARREsTETH YE BANKERS.
This deponent acting under and by virtue OF his
thorty aforesaid ordered the arrest of the members
of said firm Of Samuel Smith Co., and by examination
med that they had in their possession large par.
of which hidden aforesaid, the sum of $50
Such seizure being reported to this dcponen he caused
the specie TO be secured to the Of the govern
And this deponent further says that thereupon
the plaintiff applied to this deponent TO have commits
sion appointed determine the question whether there
was probable of holding the gold taken to tho
use of the United States. WhereupOn commission
agreed upon between the plaintiffs and this deponent to
decide upon that question, consisting Of william New
ton Mercer Esq, President of the Bank OF Louisiana,
selected by the plaintiffs; Hon Thomas J. Durant OF
and Brigader General George +. Shepey Of the United
States Volunteers then Acting Mayor Of New Orleans,
selected by this deponent Upon full hearing before
this commission at which these plaintiffs appeared by
counsel, it unanimously determined by the com:
mission that all specie or other property seized beyond
the $50 900 gold should be released aud that with
regard such surplus there is for further de-
tenton With regard 10 the $50 600 the commission
thinks there is ground for detention until the proper
department at Washington can be heard from. In
compliance, on the I'd day Of July; 1862 with the sug
geson OF the Commission, this deponent Immediately
reported all the facts and circumstances OF this seizure,
together with the report OF the Commission containing
their testimony upon which they acted TO the honor
able the Secretary OF the Treasury at Washington, and
ask instructions the disposition Of said fifty thou
sand dollars in gold this depanent having returned TO
the plaintiffs the OF So $40 rs, which found by
che Commission 10 belong To them And aid dcponoIt
further saws that faid sum has ever since hold
him all times ready TO be turned and delivered at
the order of the government and that since he return d.
after being relieved from his command in the Depart
ment of the Gulf this deponent has had and kept In his
hands, in Massachusetts, this amount IN gold or IN gold
certificates ready 10 answer any such order or the claim
or these pa nrs, or other Just clam upon him. That
while thus holding this money, awaiting the orders OF the
government suit was commenced against dcponent by
Smith h Co., the plaintiffs TO collect the amount OF
$50 900 In gold for that taken by deponenta
aforesaid and alta hment issued on the 18th day OF
sonaly served with process about the sth day Of
November, at the city OF New York that upon being
SION 10 The War Department that he might be permitted
70 pay the said Of $50 900 In gold 10 the United
States and that the government should assume the bur
den and conduct Of the defence Of this suit The War
Department declined TO interfere while the event OF the
suit should be determined, and then to to take snch
action a. should meet thereupon that this de
ponent defended said suit and retained said money, 50
subject TO the order OF the government, 30 long
as he remained in the service OF the United
States under his commission and paid the ex-
penses OF the defence from his own means. And
after the resignation Of bis commission and he became
private citizen, he made further application 10 the
government FOR decentralization this behalf to which
he received no reply although he waited long time, to
wit more than sixty days therefor. whereupon this
deponen about the 18th day OF January 1866 had
conference with Edwards pierrepont Esq counsel for
uatpf Uhle lad IN he ~ StFJud
ence marked Schedule g. and Dereunio annexedl That
pursuance thereof and the terms Of settlement therein
and thereby indicated, the 18th day OF February
1865 this deponen through his counsel paid 20 SAID
Pierrepont the amount OF $4,000 In gold cerlcaies
which be brought from Massachusetts for this purpose
and rece we'd receipt a copy Of which Is conisnei ia
schedule b. hereto annexed That this deponent nj ue
time OF the Of this action against him.
and at the time the writ OF attachment was issued
against the property OF this depOnent and at the tune
or the er'icc thereof had not nor has he had
any property real personal mixed which was the
subject o. attainment IN the state of New York. Aud
this deponent further saith that no property OF any Kind
belonging him attached by the sheriff OF the
city county OF New York acting under the sad at
tachmeni and by virtue thereof or any len whatever
sJtan ned upon this deponents property whatever, by
deponent saith not BENZ y. BUTLER
Sworn and subscribed before me, THIS 10Th AIS, 1900,
JoHS X HAcKErr, Notary Public.
CSy and Cou,uV OF Ns1 Fork, John X Hackett, Of
..id civ heIng duly sworn saws that he il Informed and
believes that sad OF attachment ssued IN the above
entitled action has been returned by the sheriff.
that such information has been obtained by deponent
from Of the clerks m the Office ~ the COun'y CLERK
also from clerk the Office Of the clerk Of this court,
and further from Addison Brown 10 one q he plain
tnrs attorneys In this action. JOHN X HACkErT
Sworn and subscribed before me this lsthiAprl 1885,
JoHS McE SUTHERLAND, Notary Public, New York city.
JUDGE rIERREroNr TO GENERAL BUTLER.
10 WALL sIKEET, INV lORK, Jan. 20, lsC6
Major General BUrtsR-
DEar SR-fho facts and circumstances which you com
mum Gated At my oihce yesterday should satisfy any
reasonable man that abundant probable cause appeared
the time 20 Justify you, az pubic oncer W the ors
nal tax NJ the lfy thousand dOlars (syO OOO ia gold,
from Samuel smith h Co.
Freelv accepting your assurance that the gold has
been kep ready 10 be handed over whom might
appear he entitled tolt propose to receive the ane
for my c ens, and thus 10 end controversy which al
..rer cetinrb etwcen would have reey ed O good
deal Of isundsrstanding Very rcsu.. tfnily rofs,
EDWARDS lvrRREpONr.